Divorce FAQ

We understand that navigating the complexities of divorce can be overwhelming, and we are here to provide you with insightful answers to your most pressing questions. With our extensive knowledge and experience in family law, we can offer in-depth guidance on various divorce-related topics.

Whether you’re seeking information about the divorce process, child custody, asset protection, or other divorce-related concerns, you can rely on our expertise to shed light on these matters.

At Daley Zucker, we are committed to helping individuals in Harrisburg and the local area find clarity and make informed decisions during their divorce journey.

What is the process for getting a divorce?

The process for getting a divorce involves several steps, beginning with the initial decision to end the marriage. Here is a general overview of the divorce process:

• Filing a Complaint: One spouse files a divorce complaint with the court, which outlines the grounds for divorce and any claims for property division, financial support, or assistance with attorney’s fees. A claim for custody can also be raised in a divorce complaint, but it can also be raised in a separate complaint.
• Service of Process: The complaint is served to the other spouse, either by personal service, certified mail, or by the other spouse signing an affidavit that he or she has willingly accepted service.
• Negotiations and Settlement: Both spouses may engage in negotiations, either directly or with the assistance of their attorneys, to reach an agreement on key divorce issues such as child custody, financial support, property division, and alimony. Some parties may choose to proceed with a collaborative divorce, in which these issues must be resolved through meetings between the parties, counsel, and other professionals. In these cases, the parties agree at the outset not to litigate the divorce through the court system.
• Court Proceedings: If an agreement cannot be reached, the case may proceed to court. The court will review the evidence presented, hear arguments from both parties and make decisions based on applicable laws and the best interests of any children involved. Support, Custody, and Divorce proceedings will be determined through separate proceedings with the court.
• Final Judgment: Once all matters have been resolved, a final divorce judgment is issued, which legally terminates the marriage.

How long does a divorce typically take?

The duration of a divorce may vary significantly depending on various factors, such as the complexity of the issues involved, the level of conflict between the parties, and the jurisdiction’s legal procedures. While some divorces can be finalized within a few months, others may take a year or longer.

Uncontested divorces tend to be resolved more quickly when both spouses reach an agreement on all key issues. In such cases, the parties can often obtain a divorce within a few months. On the other hand, contested divorces, which involve disagreements on major issues, may require additional time to resolve through negotiation, mediation, or court proceedings.

It is advisable to consult with a divorce attorney who can assess the specific circumstances of your case and provide a more accurate estimate of the potential timeline.

How much does a divorce cost?

The cost of a divorce varies widely depending on several factors, including the complexity of the case, the need for expert evaluations, the extent of legal representation required, and the jurisdiction in which the divorce is filed. Ultimately, the amount of time the attorney spends on the case is also a significant contributing factor to fees involved.

In general, divorce costs can be categorized into two main components: attorney fees and court-related expenses. Attorney fees are typically charged hourly, and rates can vary depending on the attorney’s experience and reputation. Complex or contentious cases may require more time, resulting in higher fees.

Court-related expenses include filing fees, document fees, and costs associated with serving legal documents to the other spouse. These expenses also depend on the jurisdiction and the specific requirements of the case.

While it is challenging to provide an exact cost without knowing the specifics of the case, it is essential to discuss fee structures, payment plans, and potential cost-saving strategies with your attorney during the initial consultation.

How is property divided in a divorce?

Property division in a divorce is typically governed by either community property laws or equitable distribution laws, depending on the jurisdiction. Pennsylvania is an Equitable Distribution state, so that is what we will discuss here. In equitable distribution, the court aims to divide marital property in a fair and equitable manner, considering several factors. These factors may include the length of the marriage, the financial contributions of each spouse, the earning capacity and future needs of each spouse, the age and health of the parties, and the presence of any prenuptial or postnuptial agreements. Equitable distribution does not necessarily mean an equal division of assets but strives for a distribution that is deemed fair given the circumstances.

It is crucial to obtain an accurate valuation of assets and to consider tax implications and potential future financial needs when negotiating or litigating property division. Consulting with a skilled divorce attorney can help protect your rights and ensure a fair distribution of assets based on the specific laws and circumstances applicable to your case.

What are the different types of financial support available for spouses?

In some cases, a separating or divorcing spouse may be eligible for financial support from the other spouse.  There are three common types of financial support in Pennsylvania:

• Spousal Support: This is support that is awarded to the lesser earning spouse while the divorce is pending. Spousal support can last the entire duration of the divorce proceedings, until a divorce decree is entered. In order for a spouse to be entitled to spousal support, they must not be living with a new partner and they cannot have been determined to be at fault for the separation.
• Alimony Pendente Lite: This type of support is awarded during the divorce process to assist the lesser earning spouse, who may have been at fault for the divorce, but requires financial assistance while the divorce is pending. It is calculated the same as spousal support, but it may be terminated if the recipient is intentionally dragging out the divorce process.
• Alimony: Alimony is continuing financial support awarded after the divorce is final. Alimony may be, in rare circumstances, awarded for the recipient’s lifetime.  Also unusual, alimony can be indefinite in amount and duration, resulting in modifiability or termination in certain circumstances. Most alimony awards are for a set amount and duration. The amount of the alimony may gradually lessen over time on a pre-determined scale.  Alimony is awarded based on a number of factors, but is most often awarded in situations where there is a significant difference in income and/or where there are insufficient marital assets available to the lesser earning party for distribution in equitable distribution. Alimony can also be awarded to the lesser earning spouse for rehabilitative purposes, to give him or her the opportunity to gain education or get reintegrated into the workforce after many years off, due to raising the parties’ children and caring for the household.

The availability and specific details of each type of alimony vary by jurisdiction, and the court considers factors such as the length of the marriage, the financial needs of each spouse, the ability to pay, and the standard of living during the marriage.

How is child custody determined in a divorce?

Child custody matters are typically resolved based on the best interests of the child. The specific factors and procedures for determining child custody can vary by jurisdiction, but the following considerations are commonly considered:

• Child’s Best Interests: The primary consideration in determining child custody is the child’s well-being. Courts prioritize the child’s physical and emotional health, safety, and stability when deciding custody. The child’s Best Interests determine all of the factors the Court considers in granting an award of custody. The Best Interest analysis includes the other considerations on this list.
• Parental Fitness: The court will assess the fitness of each parent to determine their ability to provide a safe and nurturing environment for the child. Factors such as mental and physical health, history of abuse or neglect, and the willingness to promote the child’s relationship with the other parent may be considered.
• Parent-Child Relationship: The court may evaluate the relationship between each parent and the child, including the level of involvement in the child’s life, the quality of care provided, and the ability to meet the child’s needs.
• Child’s Preferences: In some cases, the court may consider the child’s preferences, especially if they are mature enough to express their wishes. However, the weight given to the child’s preferences varies depending on the child’s age and maturity level. In Pennsylvania, the child’s preference would never be the only consideration of the court when awarding custody. In other words, there is no set age at which a child can decide which parent they want to live with.
• Co-Parenting Abilities: The court may assess the willingness and ability of each parent to cooperate and effectively co-parent the child. This includes their ability to communicate, make joint decisions in the child’s best interests, and facilitate a positive relationship between the child and the other parent.
• Stability and Continuity: Courts generally favor maintaining stability and continuity in the child’s life. Factors such as the child’s current living arrangements, school, community ties, and existing relationships may be considered.
• History of Domestic Violence or Substance Abuse: The court will consider any history of domestic violence, child abuse, or substance abuse when determining custody arrangements, prioritizing the safety and well-being of the child.

What is a parenting plan, and do I need one?

A parenting plan is a detailed document that outlines how parents will share responsibilities and make decisions regarding their children after a divorce or separation. While the requirements for a parenting plan can vary by jurisdiction, it generally covers areas such as:

• Physical Custody Arrangements: The parenting plan specifies the type of custody arrangement (e.g., sole custody, joint custody, or primary physical custody) and the specific schedule for when the child will spend time with each parent. It may include details regarding weekdays, weekends, holidays, school breaks, and summer vacations.
• Decision-Making: The plan addresses how parents will make important decisions for the child, such as education, healthcare, religion, and extracurricular activities. It may specify joint decision-making or assign decision-making authority to one parent on specific matters.
• Communication: The plan may include guidelines for communication between parents, such as methods of communication, frequency, and expectations for respectful and timely responses.
• Dispute Resolution: The plan can outline procedures for resolving disputes or disagreements between parents, such as mediation or seeking professional assistance.
• Parental Relocation: The plan will address parental relocation, including notice requirements and modification procedures if a parent plans to relocate the children’s residence to a location that would substantially impair the other parent to exercise their custodial rights.

A parenting plan is highly recommended as it provides clarity, structure, and predictability for parents and children. It helps minimize conflicts and provides a framework for cooperative parenting, promoting the best interests of the child. A parenting plan is commonly referred to as a custody stipulation. The custody stipulation, once agreed-upon, is submitted to the court for entry as a court Order. A judge may also call the court Order for custody entered after a trial a “Parenting Plan,” because that is ultimately what it is.

What is a no-fault divorce?

A no-fault divorce is a type of divorce where neither party must prove the other spouse’s fault or wrongdoing to obtain a divorce. Instead, it is based on the grounds of irreconcilable differences or an irretrievable breakdown of the marriage.

No-fault divorce laws aim to simplify the divorce process and reduce conflicts by eliminating the need for one party to blame the other for the marital breakdown. Instead, it recognizes that marriages can end due to incompatibility or the inability to resolve differences.

In a no-fault divorce, the focus shifts from assigning blame to addressing practical matters such as property division, child custody, and support. Most jurisdictions now offer no-fault divorce as an option, allowing couples to dissolve their marriage without proving fault or engaging in lengthy litigation. In Pennsylvania, most divorces are no-fault divorces.

What happens if one party doesn’t want the divorce?

In cases where one party does not want a divorce, the legal process can still proceed. While one party’s unwillingness can complicate the divorce process, it does not prevent the other party from seeking a divorce.

In such situations, the unwilling party may have options to contest or challenge the divorce, but they cannot ultimately prevent the dissolution of the marriage if the other party is determined to proceed. The divorce may proceed as a fault divorce, where the court will decide about whether the contesting spouse was at fault for the separation. This determination of fault will establish grounds for divorce. Grounds for divorce can also be established once the parties can prove that they have been separated for a certain period.

How can I protect my assets during a divorce?

Protecting your assets during a divorce is a valid concern. Here are some strategies to consider:

• Gather Documentation: Collect and organize all financial documents, including bank statements, tax returns, property deeds, investment records, and retirement account statements. This will provide a clear picture of your assets and ensure transparency during the divorce process.
• Consult with a Divorce Attorney: Seek guidance from an experienced divorce attorney who can assess your situation and help develop a strategy to protect your assets. They can provide advice on legal options, asset valuation, and negotiation techniques.
• Consider a Prenuptial or Postnuptial Agreement: If you have a prenuptial or postnuptial agreement in place, it can help define how assets will be divided in the event of a divorce. These agreements can provide clarity and protect assets acquired before or during the marriage.
• Evaluate Joint Assets: Determine which assets are jointly owned and which are separate property. Jointly owned assets will likely be subject to division, while some separate property may be protected. However, laws regarding separate and marital property vary, so consulting with an attorney is essential. Most assets accrued during the marriage will be subject to division.
• Consider Mediation or Collaborative Divorce: Alternative dispute resolution methods like mediation or collaborative divorce can provide a more amicable environment for asset division. These processes allow you and your spouse to negotiate and reach mutually beneficial agreements while maintaining more control over the outcome.
• Consult with Financial Professionals: Engage financial professionals, such as accountants or financial planners, who can help assess the value of assets, provide advice on tax implications, and develop a financial plan for post-divorce stability.

What is a prenuptial agreement, and is it enforceable?

A prenuptial agreement, also known as a prenup, is a legal contract couples enter before marriage. It outlines the rights and responsibilities of each spouse concerning property division, alimony, and other financial matters in the event of divorce or death.

Prenuptial agreements are generally enforceable if they meet certain requirements, such as being voluntarily entered into, with full financial disclosure, and without coercion or duress. It’s essential to consult with a divorce attorney to ensure that any prenuptial agreement that you intend to enter is compliant with local laws.

Can I change my mind about the divorce once the process has started?

Changing your mind about the divorce is possible once the process has started. If both parties agree to reconcile, they can file a request with the court to discontinue or dismiss the divorce case. However, if one party wishes to proceed with the divorce despite the other’s change of heart, the process may continue as a contested divorce. Ultimately, the court has the authority to grant the divorce even if one party is opposed to it.

How do I serve divorce papers to my spouse?

Serving divorce papers, also known as “service of process,” involves delivering the necessary legal documents to inform your spouse about the divorce proceedings. Common methods of service include the following:

• Hiring a Process Server: A professional process server can deliver divorce papers directly to your spouse, ensuring compliance with legal requirements.
• Sheriff or Constable: In some jurisdictions, a sheriff or constable can serve divorce papers on your behalf. Check with your local court or consult an attorney to determine if this option is available to you.
• Certified Mail or Registered Mail: In certain situations, you may be able to serve divorce papers by sending them through certified or registered mail with a return receipt requested. This method provides proof of delivery.
• Acceptance of Service: If your spouse is agreeable to the divorce and receiving the divorce complaint, he or she can sign an affidavit, which is filed with the court, indicating that they have received the divorce complaint.

Following the specific rules and procedures for serving divorce papers in your jurisdiction is crucial. Failure to properly serve the papers can delay the divorce process. Consulting with a divorce attorney will ensure that you comply with the legal requirements and effectively serve the necessary documents to your spouse.