Answers to some of the most frequently asked questions by clients involved in Pennsylvania Divorce Cases:
1. How long will my divorce take?
If you and your spouse are in agreement regarding all of the issues pertaining to your divorce, an uncontested divorce on the grounds of mutual consent or irretrievable breakdown (both are no fault grounds) can be completed in approximately 5 to 6 months.
The main reason a divorce takes this long is that Pennsylvania has a statutory 90-day waiting period after the divorce complaint is served on your spouse.
2. Can I get a divorce even if my spouse does not agree to the divorce?
Yes – in Pennsylvania, if your spouse does not agree the divorce, you may proceed without their consent.
However, you will either have to be separated for two years, or assert that the legal basis for your divorce is “fault grounds.”
3. How are child support payments determined?
Support amounts are determined using written support guidelines, which are the same throughout the Commonwealth of Pennsylvania. Copies of the guidelines are available from the domestic relations office.
Although the guidelines are used to determine the support amount, every case is unique and affected by individual circumstances. Some things that may be considered in deciding support are:
- Monthly Net Income
- Fluctuating Income
- Earning Capacity
- Mortgage Payments
- Child Care Expenses
- Private School Expenses
- Direct Contributions Of Noncustodial Parent
- Medical Support.
4. What is equitable distribution?
Equitable Distribution is a legal process where marital property is divided between husband-and-wife as part of the divorce. Equitable distribution is not mandatory.
If the spouses reach an agreement out of court dividing their marital property, they will then enter into a marital settlement agreement, have it approved by the court, and it will be enforceable in a court of law.
5. What are your attorney’s fees to handle a divorce case?
Greenbaum & Pinto charges an hourly rate of $300 to handle a divorce matter.
Since each divorce is unique, there is no way for us to estimate your total fees until you have met with us and discussed the facts surrounding your divorce.
We will initially meet with your for one hour to discuss your case (this will cost $300), and then you will be able to determine if you have enough information to either handle the divorce on your own, or if your will need to hire an attorney. Prior to meeting, we will advise you of the documents you will have to gather for the meeting.
If you are seeking a no-fault, mutual consent divorce and have no children or any assets to divide, we will not charge an hourly fee but rather a set fee of $500.00, plus the court’s filing fees, which will range from $150 – $200, depending where the case will be filed.