How to Handle a Contested Divorce in Pennsylvania

Divorce is never an easy process, but it can become incredibly challenging when contested. You can contest the divorce if you and your spouse disagree on important issues. Contested divorces include disagreements about property, child custody, or support.

Understanding what a contested divorce involves and how to navigate it is crucial for ensuring the best possible outcome. So, let's walk you through the essential aspects of handling a contested divorce in Pennsylvania.

You'll also want to work with an experienced contested divorce lawyer near you. Our law firm works with couples in Bucks, Delaware, and Montgomery County, PA. Call the law office near you to speak with a divorce attorney:

Norristown Family Law Office: 610.275.0700

Doylestown Family Law Office: 215.345.8888

Wayne Family Law Office: 610.975.4468

What is a Contested Divorce?

A contested divorce occurs when spouses cannot agree on one or more critical issues related to their divorce. With an uncontested divorce, both parties mutually agree on the terms.

However, a contested divorce involves disputes requiring negotiation, mediation, or, in some cases, a trial. Typical areas of disagreement include property division, custody, child support, alimony, and even the grounds for divorce.

It's essential to have legal representation when facing a contested divorce. A knowledgeable divorce lawyer can help protect your interests, navigate the legal system, and work toward a favorable resolution.

Contested vs. Uncontested Divorce

We quickly touched on these two types of divorce. But, understanding the difference between a contested and uncontested divorce is critical.

In an uncontested divorce, both spouses agree on all terms of the divorce. The upside is that it generally results in a quicker, less expensive, and less emotionally taxing process. You can avoid a lengthy court battle and finalize the divorce relatively swiftly.

In contrast, a contested divorce is much more complex. You must resolve disagreements through negotiation or in court, which can significantly lengthen the process of divorce. And more time means more money.

A family law attorney or divorce lawyer helps you navigate the legal intricacies and advocate for your best interests.

Reasons to Contest a Divorce

During a divorce, spouses often have different opinions on dividing assets. They also may disagree on who should have custody of the children. Additionally, determining spousal support can be a point of contention.

These disputes can significantly impact the process's duration, cost, and emotional toll. Knowing common causes for contested divorces can help you better prepare for what's ahead.

Common reasons include:

Asset Division

One spouse may feel that the division of marital property is unfair. Pennsylvania follows the principle of equitable distribution for property division (23 Pa. C.S. § 3502). This does not necessarily mean a 50/50 split but rather a fair division based on factors like each spouse's income, contributions to the marriage, and needs.

Child Custody

Parents often disagree on who should have primary custody of the children. Legal custody involves decision-making rights, while physical custody addresses where the child resides. Additionally, Pennsylvania courts focus on the child's best interests when making custody decisions.

Spousal Support

One spouse may contest the amount or duration of alimony payments. PA supports three types of support:

1. Spousal support or support before filing the divorce
2. Alimony pendente lite or support during the divorce process
3. Alimony or support after finalizing the divorce

Grounds for Divorce

Sometimes, spouses may disagree on the reasons for the divorce, as is often the case with fault-based divorces.

Pennsylvania allows for both no-fault and fault-based divorces. Most divorces in Pennsylvania are filed on no-fault grounds, either mutual consent or irretrievable breakdown of the marriage. Fault-based grounds, such as adultery or cruelty, are less common and can complicate the divorce process, but they may also affect the division of assets and alimony.

Who Pays for a Contested Divorce?

One of the most common questions about contested divorces is, "Who pays for it?" In Pennsylvania, each spouse is typically responsible for paying their legal fees.

However, the court may sometimes order one spouse to contribute to the other's attorney fees. That can occur if there is a significant difference in income between the parties.

Contested divorces can be expensive, including attorney, court, and potential fees for expert witnesses. Planning your finances and discussing payment options with your divorce lawyer is crucial as you prepare for the process.

How Long Does a Contested Divorce Take?

The duration of a contested divorce in Pennsylvania varies depending on the complexity of the case and the court's schedule.

The mandatory waiting period for a no-fault divorce in Pennsylvania is 90 days if both parties consent (23 Pa. C.S. § 3301(c)(2)). However, if one party does not approve, the process can be significantly longer, often longer than one year.

Multiple factors can extend the process. Examples include extensive discovery (the exchange of financial and other relevant information), numerous court hearings, and delays in negotiations.

The Contested Divorce Process in Pennsylvania

Understanding the process of a contested divorce can help reduce anxiety and prepare you for what lies ahead. Here's a step-by-step guide:

1. Filing the Divorce Complaint: One spouse initiates the divorce by filing a complaint with the court.
2. Serving the Papers: You must formally serve your spouse with divorce papers.
3. Response and Counterclaim: The served spouse may respond to the complaint and file a counterclaim outlining their terms.
4. Discovery Phase: Through discovery, both parties exchange relevant information, such as financial records.
5. Negotiation: Before going to trial, both parties may attempt to settle disputes through alternative dispute resolution (ADR) involving negotiation, arbitration, or mediation. If the parties agree, they can avoid a court battle.
6. Trial: If they can't reach an agreement, the case proceeds to trial, where a judge will decide on contested issues.
7. Final Judgment: The judge issues a final divorce decree, legally ending the marriage once the trial concludes.

Throughout this process, your divorce lawyer can offer appropriate guidance on how to handle each step. They'll also ensure you're adequately prepared for each stage.

How to Navigate a Contested Divorce

Navigating a contested divorce can be challenging, but there are ways to avoid common pitfalls:

• Misinformation: The law requires complete transparency. Failure to disclose assets or access to critical information can result in legal penalties.
• Emotions: Divorce is an emotional process. But it's essential to approach the process and your decisions with a clear, rational mind.
• Organization: Keep detailed records of all communications, financial documents, and court filings.
• Communication: Clear and consistent communication with your divorce lawyer is crucial. The more they know, the better they can get your desired results.
• Relationships: Although Pennsylvania has no legal constraints against dating during a divorce, it can impact your outcome.
• Finances: Don't withdraw monies from joint accounts without consulting your family lawyer.

Following these items allows you to navigate the process more smoothly and work towards a resolution that meets your needs. When in doubt, consult with your contested divorce lawyer.

Contested Divorce Lawyers in Pennsylvania

With any contested divorce, your best starting point is finding a skilled divorce lawyer. Choosing the right attorney can make all the difference in getting what you want.

Our divorce lawyers counsel clients in Bucks, Delaware, Montgomery County, and surrounding counties of Philadelphia. More importantly, several of our family lawyers received recognition as Best Lawyers in America©. So you know you'll be working with experienced, results-driven attorneys.

Our local law firm also offers various legal services to help with issues such as support and PFA orders.