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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

Archives for May 2023

May 16, 2023

Pennsylvania uncontested divorces

How Uncontested Divorces Work in Pennsylvania

Divorce trends in Pennsylvania reflect those throughout the U.S.: overall divorce rates continue to tumble while the rate of uncontested divorces continues to rise. State divorce lawyers are generally unsurprised by the uptick in uncontested divorces as they are generally both cheaper and quicker. They also provide estranged parents much greater control, such as being able to shield their young children from the proceedings.

Divorce Requirements in Pennsylvania

Pennsylvania allows you to file for divorce on three grounds:

  • Fault
  • 12 months of separation
  • Mutual consent and no fault

The third item in the list is what we are focused on here, and there is no waiting period required. There is a residency requirement in that either you or your spouse must be a resident of the state for at least six months prior to filing. It does not matter in which state you were originally married. Another common question is whether you can get divorced while pregnant. The answer is yes. While some states require babies to be born prior to divorce in order to clarify paternity and custody issues, Pennsylvania does not.

What Is an Uncontested Divorce?

In Pennsylvania, the official term for an uncontested divorce is mutual consent divorce, which is sometimes referred to as a no-fault divorce as well. In legal circles, it is also known as a 3301c divorce, which refers to the state statute that defines the concept. An uncontested divorce involves the spouses cooperating and negotiating to reach their own settlement agreement. This approach minimizes the involvement of the courts and allows the spouses to have autonomy throughout the entire process.

How to Get an Uncontested Divorce in Pennsylvania

From a technical standpoint, the first step is to acquire all the legal forms required for a divorce and complete them. While having the assistance of a divorce lawyer is not required, it is highly recommended. The typical uncontested divorce requires more than a dozen legal forms, including Self-Represented Party Entry of Appearance and Form 1 Notice to Defend and Divorce Complaint. An attorney can help you identify the forms you need and complete them.

Once those forms are completed, you then submit them to the Clerk of Court along with a filing fee. The fee is generally around $300, and if you cannot afford to pay it, it may be possible to have it waived by petitioning the court for relief. The next step is to serve your spouse with divorce papers. This must be officialized, but if you and your spouse are working together, it is as simple as completing the appropriate document and having it notarized. Otherwise, it must be completed via Personal Service, such as through the Sheriff’s Office, or by Certified Mail with return receipt requested.

Reaching the Settlement Agreement

If you are a parent, you may be required at this point to attend a parenting class, depending on the county in which you filed. The next step is for each spouse to complete a financial disclosure and provide it to the other spouse. This serves as the basis for a settlement agreement. Once the agreement is reached, you must document it as required by law and submit it to the court.

Court Approval and Waiting Period

There is a mandatory 90-day waiting period between the original filing and the spouses filing consent. Therefore, you cannot have your divorce finalized until this phase has been completed. Once you have submitted these documents to the Court and the Court deems that it has all relevant documents, it will review the agreement. If all is in order, it will be approved by the Divorce Decree.

Local Assistance With Your Uncontested Divorce

While you may not need a divorce lawyer to file and officialize an uncontested divorce, having one can help you achieve a settlement agreement that benefits both parties sooner and more easily. If you would like to meet to discuss your options for an uncontested divorce, you can schedule that appointment with the Law Office of Joanne Kleiner by calling 215-886-1266 or by using our online contact form.

May 10

Pennsylvania Postnuptial Agreements

Should You Get a Pennsylvania Postnuptial Agreement?

Only about 15% of newlyweds sign prenuptial agreements, and postnuptial agreements are even more overlooked. Though this type of marital contract isn’t common, it’s still very useful. To see whether or not a postnuptial agreement is right for you, it’s helpful to learn a little more about how they work in Pennsylvania.

What Is a Postnuptial Agreement?

A postnuptial agreement is any type of marital contract that two spouses sign after they have wed. Often called “a postnup” for short, these contracts let you determine how marriage or divorce will affect your financial assets. Depending on the type of postnuptial agreement you sign, it might discuss the following topics:

  • What property is marital property and what is separate property
  • How much maintenance or allowance each spouse gets from joint marital bank accounts
  • Who gets certain items in the event of a death or divorce
  • Which party pays for extra expenses like children’s college

Unlike a prenuptial agreement, you can sign a postnuptial agreement at any time. Many people draft them after major life changes like quitting a job, starting a business, or having a child. If desired, you can also create one simply because you forgot to do a prenup and would like to define your finances a little more clearly.

Benefits of Postnuptial Agreements

The main benefit of a postnuptial agreement is that it clears up any potential disagreements that could arise in the event of a divorce. With a postnup in place, people are less likely to bicker about asset division once strong emotions are involved. It can reduce your need for divorce lawyers and ensure that you spend less time in divorce court.

Some couples start discussing postnuptial agreements because they’re considering splitting up, but sometimes, it is simply a safety measure. For example, if a person starts a business, their business partner might ask them to sign a postnup to ensure that their spouse won’t get involved in the business if a divorce happens.

Another advantage of getting a postnup in Pennsylvania is its flexibility. When you create a prenup, you still have a lot of major life events ahead of you. However, since a postnuptial agreement doesn’t have to be signed before a wedding, it can more easily accommodate big changes. For example, if a couple unexpectedly inherits a number of family heirlooms years into the marriage, a postnup can ensure the heirlooms remain with the right side of the family. You can easily change and adjust postnuptial agreements to account for things like new children or a big real estate purchase.

How to Create a Valid Postnup in Pennsylvania

Postnuptial agreements in Pennsylvania are a little different than postnups or prenups in other parts of the country. Instead of seeing them as their own separate type of contract with unique rules, Pennsylvania mostly just treats postnups like a straightforward contract. Even things like an unfair division of assets are allowed in Pennsylvania postnups. As long as it is written out, signed by both spouses, and notarized, it’s a valid marital contract.

The main thing to keep in mind is just that the contract cannot be signed under fraudulent circumstances or duress. Furthermore, it cannot determine things like child support and custody, which will be left up to the state in the event of a divorce. The final thing to know is that postnups cannot include unenforceable clauses about a person’s right to bodily autonomy and personal freedom, so you can’t use it to determine things like what religion you follow or who does the dishes each night.

If you’re considering a postnuptial agreement, turn to the Law Office of Joanne Kleiner. In addition to postnups and prenups, we also provide assistance with other family law matters like child custody, spousal support, and divorce mediation. To learn more about our services or hire a Jenkintown divorce lawyer, call 215-886-1266 or fill out our contact form.