Wait when page loaded

Pittsburgh divorce law firm

UNDERSTAND YOUR RIGHTS IN DIVORCE

The breakdown of a marriage is a sad and unfortunate circumstance. DeLuco Law is dedicated to helping our clients through the extremely stressful divorce process.  DeLuco Law’s goal, first and foremost, is to represent our clients and fight for their best interests and the best interest of their children. Divorces, as common as they may seem, are still a very stressful and complicated. When facing a divorce, you may have questions about how it will affect your finances and your relationship with your children. The stress of a divorce can lead to irrational decision making at a point in your life when your decisions will have long term consequences for you and your family. It is important than that, prior to filing for divorce, you educate yourself on what to expect if you or your spouse files for divorce.

Types of Divorce

Generally, there are two types of divorce: fault and no-fault. For a fault based divorce, the plaintiff must prove at a hearing that: 1) he or she is innocent of wrongdoing and 2) his or her spouse is at fault for the marriage falling apart. The plaintiff must specifically prove that their spouse committed a certain type of fault – such as proving the defendant 1) willfully and maliciously deserted the plaintiff for at least one year; 2) committed adultery; 3) endangered the plaintiff’s life or health; 4) knowingly entered into a bigamous marriage; 5) has been sentenced to imprisonment for a term of two or more years; and/or 6) offered such indignities (which basically means mistreatment) to the innocent and injured spouse as to render that spouse’s condition intolerable and life burdensome.

Conversely, no-fault divorce does not require the plaintiff to prove that their spouse was at fault for the falling apart of the marriage. No-fault has two subcategories, one or both of which may apply to your marriage.  The first is a mutual consent divorce under 3301(c). For a mutual consent divorce, the plaintiff informs the court that both parties agree that their divorce is irretrievable broken. Then, 90 days after the mutual consent divorce complaint has been filed, both parties can file affidavits stating their consent and the Court can grant their divorce. During the 90 days, both parties and/or their respective attorney’s should work together on an agreement regarding issues like custody, support, alimony and property distribution. If an agreement is reached the parties can submit a Separation Agreement to the Court.

The second type of no-fault divorce is a two-year separation divorce. Even if your spouse does not consent to a divorce, the court will still grant a divorce if both parties have been separated for two years and the marriage is irretrievably broken.

Filing For Divorce

After determining if you are eligible for a divorce, either fault or no-fault, the first step is to file a Complaint in Divorce with the Court of Common Pleas. Immediately after filing the Complaint, the filing spouse must serve a copy of the Compliant on his or her spouse. That spouse then has to opportunity to contest or consent to the divorce.

Regardless of the defendant-spouses position both parties and/or their lawyers should begin to discuss, and hopefully resolve issues of child custody/support, equitable property distribution, alimony, and related claims. Generally, it is in everyone’s best interest to avoid a prolonged conflict and arrive at a fair solution for both parties and their families.

If an agreement is reached, the parties can submit a Settlement Agreement to the Court and obtain a Court Order enforcing the terms of the agreement. If no agreement can be reached, the Court may not address some or all of these issues until a final divorce decree is entered by the Court. If an agreement cannot be reached, both parties will make their case to the Court and have a hearing officer or judge decide their case.

What DeLuco Law Can Do For You If You Are Considering Divorce?

If you feel that it may be time to move on from a broken marriage, the first thing DeLuco Law can do for you is advise you of your legal rights and duties. We can sit down and go over all of your options and how it will affect you and your family.  Second, if we decide together that you wish to file for divorce, DeLuco Law will help to bring about an agreeable resolution of any disputes that arise between you and your spouse as a result.  Finally, if an amicable resolution cannot be reached, DeLuco Law will enforce your rights and fight for your best interests in court.

Contact DeLuco Law at 412-444-8771 for a free consolation to get a free consultation and evaluate all of your options.  We can discuss the divorce process and related areas of law including child custody, separation of property, alimony, etc.

Pittsburgh divorce law firm

UNDERSTAND YOUR RIGHTS IN DIVORCE

The breakdown of a marriage is a sad and unfortunate circumstance. DeLuco Law is dedicated to helping our clients through the extremely stressful divorce process.  DeLuco Law’s goal, first and foremost, is to represent our clients and fight for their best interests and the best interest of their children. Divorces, as common as they may seem, are still a very stressful and complicated. When facing a divorce, you may have questions about how it will affect your finances and your relationship with your children. The stress of a divorce can lead to irrational decision making at a point in your life when your decisions will have long term consequences for you and your family. It is important than that, prior to filing for divorce, you educate yourself on what to expect if you or your spouse files for divorce.

Types of Divorce

Generally, there are two types of divorce: fault and no-fault. For a fault based divorce, the plaintiff must prove at a hearing that: 1) he or she is innocent of wrongdoing and 2) his or her spouse is at fault for the marriage falling apart. The plaintiff must specifically prove that their spouse committed a certain type of fault – such as proving the defendant 1) willfully and maliciously deserted the plaintiff for at least one year; 2) committed adultery; 3) endangered the plaintiff’s life or health; 4) knowingly entered into a bigamous marriage; 5) has been sentenced to imprisonment for a term of two or more years; and/or 6) offered such indignities (which basically means mistreatment) to the innocent and injured spouse as to render that spouse’s condition intolerable and life burdensome.

Conversely, no-fault divorce does not require the plaintiff to prove that their spouse was at fault for the falling apart of the marriage. No-fault has two subcategories, one or both of which may apply to your marriage.  The first is a mutual consent divorce under 3301(c). For a mutual consent divorce, the plaintiff informs the court that both parties agree that their divorce is irretrievable broken. Then, 90 days after the mutual consent divorce complaint has been filed, both parties can file affidavits stating their consent and the Court can grant their divorce. During the 90 days, both parties and/or their respective attorney’s should work together on an agreement regarding issues like custody, support, alimony and property distribution. If an agreement is reached the parties can submit a Separation Agreement to the Court.

The second type of no-fault divorce is a two-year separation divorce. Even if your spouse does not consent to a divorce, the court will still grant a divorce if both parties have been separated for two years and the marriage is irretrievably broken.

Filing For Divorce

After determining if you are eligible for a divorce, either fault or no-fault, the first step is to file a Complaint in Divorce with the Court of Common Pleas. Immediately after filing the Complaint, the filing spouse must serve a copy of the Compliant on his or her spouse. That spouse then has to opportunity to contest or consent to the divorce.

Regardless of the defendant-spouses position both parties and/or their lawyers should begin to discuss, and hopefully resolve issues of child custody/support, equitable property distribution, alimony, and related claims. Generally, it is in everyone’s best interest to avoid a prolonged conflict and arrive at a fair solution for both parties and their families.

If an agreement is reached, the parties can submit a Settlement Agreement to the Court and obtain a Court Order enforcing the terms of the agreement. If no agreement can be reached, the Court may not address some or all of these issues until a final divorce decree is entered by the Court. If an agreement cannot be reached, both parties will make their case to the Court and have a hearing officer or judge decide their case.

What DeLuco Law Can Do For You If You Are Considering Divorce?

If you feel that it may be time to move on from a broken marriage, the first thing DeLuco Law can do for you is advise you of your legal rights and duties. We can sit down and go over all of your options and how it will affect you and your family.  Second, if we decide together that you wish to file for divorce, DeLuco Law will help to bring about an agreeable resolution of any disputes that arise between you and your spouse as a result.  Finally, if an amicable resolution cannot be reached, DeLuco Law will enforce your rights and fight for your best interests in court.

Contact DeLuco Law at 412-444-8771 for a free consolation to get a free consultation and evaluate all of your options.  We can discuss the divorce process and related areas of law including child custody, separation of property, alimony, etc.