Reviewing the Case with a Divorce Attorney in Lancaster County, PA

by | Oct 4, 2017 | Attorney

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In Pennsylvania, divorce petitioners must follow strict laws related to their cases which require them to provide evidence of residency and the legal right to file. The state requires them to present evidence for the case if they have a prenuptial agreement as well. A divorce attorney in Lancaster County, PA provides guidance for the petitioner through this trying time.

Assessing the Divorce Grounds

Three divorce grounds are possible in the state. First, the petitioner has the option to choose mental incapacity. If they indicate a mental illness as the cause of the marital breakdown, they must show evidence of this condition or admission into a mental institution for at least eighteen months. The eighteen-month period must occur before they start a divorce petition.

Irretrievable differences is a common divorce ground used for a divorce as well. It indicates mutual consent to the divorce. The individuals must stop living together for a period of at least ninety days before they start a divorce petition in order to use the divorce grounds.

A two-year separation could also be used as a divorce ground. However, the couple must prove that they have lived apart for at least two years. They must both testify to an irretrievable breakdown of the marriage and show that neither party wishes to continue the marriage.

Child Custody Arrangements

When reviewing child custody, the parties must reach an agreement before filing the divorce. If they are unable to agree, they could attend mediation to iron out their differences. However, if this isn’t possible, the parties could face a divorce trial with a separate child custody hearing.

Division of Marital Property

The division of marital property requires each party to divide their assets equally. This provides each party with a fair share of the assets. They could provide alimony if either party receives a lower value of the assets overall.

In Pennsylvania, divorce petitioners review strict laws when starting a divorce case. These laws require them to choose between the available divorce grounds only. These grounds don’t present the option for accusing the defendant of adultery. Divorce petitioners who want to review their options contact a divorce attorney in Lancaster County, PA through the Law Office of Melissa R. Montgomery today.