Home Divorce

Montgomery County, PA Divorce Lawyers

Divorce Law in Montgomery County, Pennsylvania

If you are considering taking legal action that will affect your family relationships, do not take another step without discussing your rights with Montgomery County, PA family law attorney Sheryl R. Rentz. Having a skilled attorney on your side will help you avoid costly mistakes and pursue the legal actions that are best for your unique situation and goals. We are here to guide you through this very difficult time. Call us today for a free consultation at (610) 645-0100.

No one enters into a marriage or a civil union expecting the partnership not to last. But with the stress of modern times and the demands of career and family weighing so heavily on a couple, a once blissful relationship may begin to crack and crumble under the mounting tensions. When faults begin to show in a marriage or civil union, most couples will make a concerted effort to mend the cracks through counseling and other means. Sometimes, this works, but usually it does not. Unfortunately, the time may arrive when a relationship has become too damaged to repair or a couple has grown so far apart that neither partner is interested in preserving it.

If you and your spouse are considering filing for divorce, you’re going to need an experienced and knowledgeable attorney to guide you through this complicated and often contentious process. For over 25 years, family law attorney Sheryl R. Rentz has been representing Montgomery County, PA, clients as they end one chapter of their lives and enter a new one. Ms. Rentz is licensed to practice law in both Pennsylvania and New Jersey.

For a free consultation, call us at (610) 645-0100 today. We’re standing by to see how we can help.

Back to Top

1

I’ve Decided To End My Marriage. What Is My First Step?

2

I've Gathered All the Documents. Now What?

Your next step is the most important one you'll take during the divorce process: finding a qualified and tenacious Montgomery County, PA, divorce lawyer who is experienced with the divorce statutes in your state. While a marriage may be an emotional and spiritual arrangement, it is ultimately a legal and business arrangement. No matter how amicable your breakup has been up to this point, not having an objective legal mind at your side during the divorce process can change everything. This is particularly the case when issues involving children are involved because discussion can become emotional very quickly.

3

At-Fault Divorce vs. No-Fault Divorce in Pennsylvania

Next, you will need to decide how you want to end your marriage. Did you and your spouse simply grow apart, stop communicating, evolve differently, or just lose your passion for each other? In such a case where both parties agree that ending the marriage is in their best interests, a no-fault or uncontested divorce may be the best way to go. If, on the other hand, one or both spouses blame the other for the ending of the marriage, an at-fault or contested divorce may be the way to go. At-fault divorces are usually the result of an act or situation that a marriage can’t recover from, such as adultery, abuse, desertion, or an alcohol, drug, or gambling addiction.


Back to Top

The Residency Criteria for Filing for Divorce in Pennsylvania

Filing for divorce in Pennsylvania requires meeting specific residency criteria. Whether you’re new to Pennsylvania or have been residing here, understanding the residency requirements is fundamental to initiating the divorce process.

In order to file for divorce or annulment in Pennsylvania, at least one spouse must have been a genuine resident in the state for at least six months before starting the legal process. Both spouses can testify to confirm their residences, and if there’s proof of living in Pennsylvania for the required six months, it’s assumed they consider the state their permanent home.

Back to Top

Grounds for Divorce

Pennsylvania recognizes both no-fault and fault-based grounds for divorce. No-fault grounds include mutual consent and irretrievable breakdown, allowing couples to part ways amicably. On the other hand, fault-based grounds, such as adultery, desertion, cruelty, and more, involve specific instances of marital misconduct.

Back to Top

Separation in Pennsylvania

Pennsylvania does not recognize a legal separation. However, pursuant to Pennsylvania’s divorce statute § 3301, a divorce on “irretrievable breakdown” grounds requires the parties to have been living separate and apart for at least one year.

Pennsylvania statute § 3103 defines “separate and apart” to mean “cessation of cohabitation, whether living in the same residence or not. In the event a complaint in divorce is filed and served, it shall be presumed that the parties commenced to live separate and apart not later than the date that the complaint was served.”

As a result, the concept of “legal separation” does not refer to an actual legal status for married couples. Rather, it is simply one of many possible reasons for obtaining a divorce decree on the grounds that there was an irretrievable breakdown of the marriage.

Back to Top

The Divorce Filing Process

Divorce procedures can be challenging to navigate without an experienced attorney to rely on. The steps for filing a divorce and obtaining a divorce decree depend on the grounds on which it’s based. Generally, the divorce process can be broken down into the following steps:

Initiating the case: To initiate the divorce case, you should start by filing a “Complaint.” Attach the “Notice to Defend and Claim Rights” on top of the complaint and the “Verification” at the bottom. A filing fee must be paid and processed to initiate the case.

Serve the complaint: Serve the Notice to Defend, Complaint, and Verification within 30 days (or 90 days if outside Pennsylvania). Service can be completed through personal service, acceptance of service, regular and certified mail with return receipt requested, or restricted delivery. If you are unable to serve within the specified period, file a petition to reinstate the complaint to get an additional 30 days (or 90 days if outside Pennsylvania).

Waiting period: After servicing the complaint, you are required to wait a set amount of time before proceeding with the next steps. The amount of time required during this step depends on the grounds you are alleging.

Affidavits: In Pennsylvania, specific affidavits are required when seeking a divorce, depending on the grounds for divorce chosen. The affidavits provide sworn statements and factual information to support the legal grounds for divorce.

Praecipe to Transmit Records, Divorce Decree, and additional forms: To conclude a divorce, either party can file a Final Praecipe to Transmit Record after proper service. Attach a copy of the Notice of Intention to File to the Praecipe to Transmit Record and ensure accuracy of dates.

Divorce decree: After submitting the correct forms, the Divorce Decree will be mailed to both parties. Ensure accuracy from the beginning, as some courts may or may not notify you of corrections.

Back to Top

The Benefits of Mediation in Pennsylvania Divorces

Mediation can offer several benefits for divorce cases in Pennsylvania, providing an alternative dispute resolution method that can be more amicable and efficient than traditional litigation. Here are some key benefits of mediation in divorce cases in Pennsylvania:

  • Voluntary and collaborative: Mediation is a voluntary process where both parties agree to participate. It fosters a collaborative approach, encouraging open communication and cooperation to reach mutually acceptable solutions.
  • Confidentiality: Mediation sessions are private and confidential. This can encourage open communication and the exploration of creative solutions without fear that statements made during mediation will be used against either party in court.
  • Cost-effective: Mediation is often more cost-effective than traditional litigation. The process typically involves fewer formal court proceedings and may require less time from attorneys, leading to lower legal fees.
  • Reduced conflict: The collaborative nature of mediation can help reduce conflict between divorcing parties. It may be particularly beneficial in cases where ongoing co-parenting or communication is necessary after the divorce.
  • Flexible solutions: Mediation allows for more flexibility in finding solutions that meet the unique needs and circumstances of the parties and their families. This flexibility can lead to more tailored and customized agreements.

It’s important to note that while mediation can be highly beneficial, it may not be suitable for all situations. Each divorce case is unique, and individuals should consider their specific circumstances when deciding on the most appropriate approach.

Back to Top

Why Do I Need a Montgomery County Divorce Attorney?

Because divorce is a very serious matter that should be handled by a professional, we suggest that you have legal representation even if your divorce is seemingly neutral. Our legal counsel has brought significant security and peace of mind to our clients over the years. We have seen spouses of several divorce cases lack proper legal representation and leave the party without rights, paying fees over the course of their life and losing custody or even visitation rights to their children.

The Law Offices of Sheryl R. Rentz, P.C. can see you through the entire Pennsylvania divorce process and make sure you end up with the best settlement possible. Call us today at (610) 645-0100 for a free consultation.

Click here for information on Divorce Lawyer Retainer Fees.

Back to Top

Additional Pennsylvania Divorce FAQs

Q: My spouse and I have both agreed upon a divorce. What’s the next step?

A: If you and your spouse wish to conduct the divorce amicably, mediation may be your best option. It allows you and your spouse to negotiate the divorce on your own terms, with a divorce mediator taking the place of the judge. All divorce mediation cases fall under the Pennsylvania no-fault divorce statute, meaning that neither spouse has to be proven at fault for the divorce. After both spouses have signed an affidavit of consent, they may move forward with finalizing the divorce after a 90-day cool-off period. If a spouse changes their mind, the divorce can still move forward if the couple has lived apart for at least one year and if it is shown that the marriage cannot be reconciled.

Q: My spouse wants a divorce. What should I do?

A: You may understandably be jarred by the experience of being served divorce papers. Consider consulting with a divorce coach for advice and emotional support. Then, speak with a trusted Montgomery County divorce attorney right away or contact your county courthouse for assistance. The process for consenting to a divorce may differ depending on whether your divorce is considered no-fault or at-fault. You will want to know what your rights are should you choose not to respond. Discuss your options and possible outcomes with your attorney and decide whether mediation or litigation is right for you.

Q: How long must I have been a resident of Pennsylvania before I can file a divorce in a PA county court?

A: At least one of the spouses must have lived in Pennsylvania for at least six months immediately prior to the commencement of the action for divorce. In Pennsylvania, the documents pertaining to the divorce must be filed in the county where at least one of the spouses lives. When one spouse lives out of state, the divorce can be filed in the Pennsylvania county where the other spouse resides. You may have other options for filing available to you, and you can consult with your attorney to learn more.

Q: What are the grounds for divorce in Pennsylvania?

A: The Commonwealth of Pennsylvania recognizes the following conditions as grounds for divorce:

  1. Willful and malicious desertion for a period of one or more years
  2. Adultery
  3. Cruel and barbarous treatment which endangered the life or health of the innocent spouse
  4. The act of one spouse being married to two people at the same time
  5. Imprisonment for two or more years
  6. Indignities to the innocent spouse as to render that spouse’s condition intolerable and life burdensome
  7. Institutionalization in a mental institution for at least 18 months
  8. Irretrievable breakdown

Q: What is the difference between a separation and a divorce?

A: Separation simply refers to a physical distance between a married couple, including those living in the same residence, as couples cannot be “legally separated” in Pennsylvania. Only divorce involves the establishment of legal terms of agreement through which all affairs are settled. Court approval is not needed for separation in Pennsylvania, so separating couples can discuss the separation of their estate privately whenever they decide to. Consult a lawyer to know your rights and to draft a separation agreement.

Q: I want a clean, amicable divorce, but I also want to ensure that my rights and my children are protected at the same time. How do I go about this?

A: Mediation is always an option for spouses who want to divorce amicably. However, it may or may not be available to you depending on the feelings of your spouse. Either way, you should consult with an attorney to discuss your case and determine the best way to protect yourself and your children. Be as open as you can with your lawyer and ask any questions that come to mind. The more you and your attorney know about your case, the better chances you’ll have for an optimal outcome.

Q: What is the difference between mediation and collaborative divorce?

A: A divorce mediator, a neutral party whose only concern is to protect the interests of all parties involved in the divorce, presides over the former process. Whereas in collaborative divorce, each spouse gets their own lawyer but agrees not to litigate any issues that may arise. Since the court is not involved, they may schedule their own meeting sessions to discuss the terms of the settlement with their lawyers present. Once an agreement has been reached, it is filed with the court.

If you have questions about your divorce, please call (610) 645-0100 today to speak with Montgomery County family law attorney Sheryl R. Rentz.

Back to Top

Additional Information

We know your problems are unique & special.
Call us, we will listen.
(610) 645-0100