Divorce

Complex Divorce Matters in Philadelphia

Dedicated Legal Support Also in Moorestown

If you have been served with divorce papers or are contemplating divorce, you will need to understand all of your legal options and their potential consequences. The decisions you make concerning your divorce issues can affect the rest of your life, your children’s lives, and your financial situation going forward. Understanding your options, the protections available to you, and your rights and responsibilities under the law can be accomplished with the help and support of William Kirby Law, Family Law Attorneys.

Our firm assists men and women in all types of divorce situations throughout the greater Philadelphia area. Our attorney brings years of experience to every case and, as a former U.S. military lawyer, has special understanding and skill with military divorces.

Need a divorce? Work with the Philadelphia or Moorestown divorce attorney at our firm. Contact us at (215) 515-9901.

What Are the Grounds for Divorce in PA?

Pennsylvania provides two options in regards to dissolving your marriage. These options include no-fault divorce as well as divorce based on fault grounds. A no-fault divorce is based on “irreconcilable differences,” in which neither you nor your spouse is obligated to prove marital misconduct. Because of this, no-fault divorces can be processed more quickly with less adversity and expense. However, the type of divorce you choose can have an effect on child custody and marital property division. To understand the best option for you, you should consult with our divorce attorney.

To pursue a fault-based divorce, you will need to prove that your spouse wronged you through one of the following ways:

Adultery
Bigamy
Cruel and barbarous treatment
Desertion
A criminal record
By making your life intolerable and burdensome

To pursue a no-fault divorce, you have two options, including:

Showing that you have lived “separate and apart” for two years and that your marriage is “irretrievably broken”
Applying for a mutual consent divorce if you and your spouse both agree to divorce; in some cases, these divorces can be finalized in just 90 days

Either way, you will have to resolve whatever issues are pertinent to your divorce, such as the division of marital property and debts, child custody and visitation, child support, and spousal support. William Kirby Law, Family Law Attorneys, we are adept at helping you resolve your issues through negotiation, mediation, or in the courts. Our firm handles divorce and family law exclusively, which gives us the legal focus needed in pursuing optimum results.

What Is An Uncontested Divorce?

An uncontested divorce is a type of divorce in which both spouses agree on all key issues related to the divorce, including how to divide property, allocate debts, handle child custody and visitation (if applicable), and settle spousal support or alimony. It is often seen as a more amicable and straightforward way to end a marriage, as both parties are in agreement on the terms of the divorce.

Here are some key characteristics of an uncontested divorce:

Mutual Agreement: Both spouses are in mutual agreement on all aspects of the divorce, and there are no major disputes or disagreements regarding the division of assets, child custody, or any other issues.
Less Time and Expense: Uncontested divorces tend to be less time-consuming and less costly than contested divorces because they don't require as much litigation, court appearances, or legal representation.
Reduced Stress: Since there is no need for a contentious legal battle, uncontested divorces are often less emotionally stressful for both parties, which can be particularly beneficial if there are children involved.
Simplified Legal Process: The legal process for an uncontested divorce is typically simpler and more streamlined. It may involve filling out the necessary forms, reaching a settlement agreement, and attending a brief court hearing to finalize the divorce.
Faster Resolution: Uncontested divorces can be resolved more quickly, allowing both parties to move on with their lives sooner.
Privacy: Because there are no court battles or contentious legal proceedings, uncontested divorces often maintain a higher level of privacy compared to contested divorces.

It's important to note that even in uncontested divorces, it is advisable for both spouses to seek legal counsel to ensure that their rights and interests are protected. A family law attorney can help draft a legally sound and comprehensive settlement agreement that covers all relevant issues, and they can provide guidance throughout the process. This can help avoid potential future disputes or issues related to the divorce settlement.

Navigating Child Custody and Support

One of the most challenging aspects of a divorce is determining child custody and support arrangements. Our experienced family law attorneys understand the sensitivity and complexity of these matters and are dedicated to providing compassionate and knowledgeable legal support to help you navigate through this difficult time.

When it comes to child custody and support, we can assist you with:

Developing a parenting plan that prioritizes the best interests of the child
Negotiating child support payments that are fair and sustainable
Enforcing custody and support orders if the other party fails to comply
Modifying custody or support arrangements if circumstances change

At William Kirby, Family Law Attorney, we are committed to advocating for the well-being of your children and ensuring that their best interests are protected throughout the divorce process.

Arrange for a consultation today by calling (215) 515-9901 or by contacting us online. We also serve the community of Moorestown, NJ.

Commonly Asked Questions

What are the residency requirements for filing for divorce in Pennsylvania?

To file for divorce in Pennsylvania, at least one spouse must have been a resident of the state for at least six months before filing.

Can I change my name as part of the divorce process in Pennsylvania?

Yes, you can request to have your former or maiden name restored as part of the divorce process. This request can be included in the divorce petition or by filing a separate petition called a praecipe for a name change.

What is the waiting period for a divorce in Pennsylvania?

For a no-fault divorce, there is a mandatory waiting period of 90 days from the date of filing. However, the process can take longer depending on the complexity of the case and the court's schedule. Fault-based divorces do not have a waiting period.

Do I need to attend court hearings for my divorce in Pennsylvania?

In most cases, at least one spouse will need to attend a court hearing for the divorce to be finalized. However, if the divorce is uncontested and all issues have been resolved, the court hearing may be relatively brief.

Can I modify a divorce agreement after it has been finalized in Pennsylvania?

In certain circumstances, it is possible to modify a divorce agreement after it has been finalized, particularly in matters related to child custody, child support, and alimony. However, modifications are subject to court approval and must demonstrate a significant change in circumstances.

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The team at William Kirby Law, specifically Ms. Moorehouse, was both compassionate and professional. They answered all of my questions as many times as I asked, explained the process step-by-step, and listened patiently and without judgement. Their knowledge of the law was comforting during a difficult time. I would highly recommend this team.

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Mr. Kirby has stuck by me for the last 3 years in the most intense time of my life. The attorney team he’s put together absolutely CRUSHED it for me with my case! I’d recommend this team to anyone! Very professional and dedicated to the cause! Thank you very much!!!

- Clifton W.
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“All thanks to Mr.Kirby’s reputation, great work as a lawyer, and his amazing team's due diligence for my case. Please, if you need counsel William Kirby Law is the place to be. They treat you like family, very understanding, and empathetic.”

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- Alondra T.
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From the moment I stepped into William Kirby Family Law I was impressed with the level of service given. Not only is William one of the most knowledgeable family attorneys I have ever met but what makes him really stand out is his passion for helping people. I STRONGLY recommend this firm.

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