The Mechanics of the Divorce
Once a divorce complaint is filed, it must be served on the other party. The simplest way is to mail the divorce complaint to the other party with a request that a form be signed acknowledging receipt of the divorce complaint. This acceptance of service can be signed by the spouse receiving the divorce complaint or by his or her attorney. If the form is not returned, our divorce attorneys can mail the divorce complaint by certified mail or have it personally served by handing the divorce complaint to the other spouse.
Once you receive a divorce complaint, you should take it to your divorce attorney or family law attorney who will enter his or her appearance with the court. This entry of appearance will ensure that all future legal notices will be sent to your attorney. It will also authorize your divorce attorney to speak to your spouse’s divorce lawyer about your divorce action. Your divorce attorney and you will decide if you should file an answer and counterclaim to the divorce complaint or file any petitions for special relief. You can discuss the kinds of relief that you may seek to protect yourself with a divorce lawyer at Vetrano & Vetrano. Certain petitions, such as petitions for spousal support and for child support need to be promptly filed or you can lose rights. Our divorce and child support attorneys will review your situation to advise you on how to protect yourself and your children.
Once both spouses have divorce attorneys retained, the lawyers can discuss whether your divorce can proceed toward an amicable divorce or whether you need to go to court. The amicable divorce process envisions a series of meetings with husband and wife and their attorneys. We try to schedule a meeting as soon as possible and then two or three more meetings, depending on the complexity of your marriage situation. It is helpful if these meetings are scheduled about three weeks apart to enable us to accomplish the goals determined by the divorcing couple and their attorneys at the meetings.
At the first meeting, it is most important to discuss the children as they need to see both parents on a frequent and predictable basis. We also need to figure out how to pay the bills and whether money should transfer from one spouse to the other. These important things concern the welfare of the children and need to be addressed promptly even if the divorcing couple intends to be separated in the same house for an initial period. Find out more about child custody and child support.
Once there is a plan in place for the children’s schedule with each parent and support in put into place, we will identify and value the assets and liabilities in the marital estate. Find out more about marital property. At each meeting, your divorce attorneys will identify what information or documents are needed and how they are going to be obtained and by whom. Once the marital estate is known, the divorce lawyers will weigh the factors in the divorce code guiding us to how the marital estate should be divided between the divorcing couple. Every estate and family is different. Our divorce lawyers will tailor advice on how to accomplish these goals in your best interests. Sometimes the marital estate will be divided equally between the spouses. Other times, an equitable distribution of the marital assets and marital liabilities will mean that one spouse takes 55% of the entire marital estate, or 60% of marital estate. Consequently, an equitable distribution of the marital estate may mean that a spouse takes 45% or 40% of the marital estate. Our divorce lawyers will help you make decisions about the assets that comprise your equitable share of the marital estate. Is it wise to take all your assets in retirement accounts or in a house? Can you afford the mortgage, taxes and maintenance on a house? Will you be able to save money for retirement? These are some of the difficult questions that you can discuss with your divorce attorney at Vetrano & Vetrano. In addition, we can refer you to financial planners who are certified divorce specialists who can give you advice to complement the discussions you have with your divorce attorney, Kate Vetrano, or one of the associate divorce attorneys.
If the equitable distribution of the marital estate and liabilities results in unmet needs of a divorcing spouse, it may be appropriate for payments to be made to a dependent spouse in the nature of alimony following division of the marital estate. Find out more about alimony.
Sometimes, the divorcing couple is unable to achieve an amicable divorce and needs the court to tell them what is an equitable distribution of the marital estate or what amount of alimony would be appropriate. Before the court decides how to divide the marital estate equitably, grounds for divorce must exist. After ninety days have passed following service of the divorce complaint on the other spouse, the parties can file affidavits of consent seeking court approval of a mutual no-fault divorce. Although the procedures in the different counties in Pennsylvania vary, the judge would then approve the grounds for divorce and refer the matter to a master who would take testimony from the divorcing couple about their marriage and family and assets, to enable the divorce master to weigh the factors in the divorce code guiding the court in achieving an equitable distribution of the marital estate and in entering an award of alimony.
If one of the parties does not want to proceed with a mutual no-fault divorce, a fault divorce may be sought or a spouse can simply wait until there have been two years since the parties’ separation and proceed for a unilateral no-fault divorce to obtain grounds for divorce, the pre-requisite for the court to determine equitable distribution of the marital estate and award alimony.
If either party does not accept the master’s recommendation for the equitable distribution of the marital estate and award of alimony, a judge will review the matter and depending on the county procedure either hear argument from the attorneys or take testimony and decide the matter de novo.
