Will I Have to Go to Court for My Divorce?
Most divorces in Harrisburg, PA, are uncontested, which means they do not go to court, and there is a very good chance that your case will follow this path. There are highly specific circumstances in which divorce cases are resolved in court in Pennsylvania, and having a better understanding of these parameters can help. Our experienced Harrisburg divorce attorneys at McDonald Myers Law welcome the opportunity to skillfully protect your rights throughout the divorce process.
Uncontested Divorce in Harrisburg
An uncontested divorce is one in which the divorcing spouses are able to hammer out each of the divorce terms that apply to their case without the court’s intervention. This does not, however, mean that you and your soon-to-be ex will be left to your own devices. Instead, you’ll look to your respective divorce lawyers to help you navigate the path forward toward successful negotiations that are focused on protecting your rights.
Divorce cases in Harrisburg are heard in the Dauphin County Court of Common Pleas. And if you and your divorcing spouse are able to find common ground on each of the following terms that apply, you can expect the presiding judge to sign off on them:
- Child custody arrangements
- Child support
- The fair division of marital property
- Alimony
It should be noted that the Dauphin County Court of Common Pleas generally requires mediation for child custody issues.
The Advantages of Keeping Your Case out of Court
There are significant advantages associated with keeping your divorce case out of court. These include minimizing the associated legal expense and saving time, which is a result of bypassing the court’s busy scheduling calendar. Many couples, however, consider not handing over the right to make primary decisions for themselves the top reason for avoiding court.
It’s also important to point out that an uncontested divorce affords couples more privacy, which can be very motivating. Ultimately, court records are generally a matter of public information.
Fault-Based Divorce
Most divorces in Pennsylvania are no-fault, which means they are based on the marriage being irretrievably broken, with no reasonable prospect of reconciliation. This said, however, the state also grants divorces that are based on fault. Fault-based cases are far less common than uncontested cases, and they are virtually always contested. This does not, however, mean that they don’t serve an important legal function.
Primary fault grounds for divorce in Pennsylvania include abandonment for at least one year, adultery, cruel and barbarous treatment, bigamy, imprisonment of two or more years for any crime, and indignities or cruel treatment that endangered the plaintiff’s life or safety.
While fault-based cases are more legally challenging, proving your spouse’s wrongdoing can directly affect specific divorce terms, which could bolster your rights. Further, if domestic violence is a concern in your case, heading to court can afford you enhanced protections.
Consult with Our Experienced Harrisburg Divorce Lawyers Today
Our knowledgeable Harrisburg divorce attorneys at McDonald Meyers Law will unleash the full scope of our experience and legal skill in the protection of your rights and in the pursuit of favorable terms in your uncontested divorce, in the event that is the best path forward for you. Learn more about everything we can do to help by contacting us online or giving our firm a call at 717-704-9077 today.
