- Our Lawyers Have Over 50 years of Divorce Law Experience
- Aggressive and Personal Representation
- We Can Help Protect Your Assets
If you are facing the stress of separation or divorce, the selection of an experienced family law attorney is perhaps one of the most important decisions before you. For over 30 years Fisher & Fisher Law Offices has over three decades of experience representing residents of Northeastern Pennsylvania, including Monroe, Wayne, Pike, Luzerne, Lackawanna, Carbon, and Northampton Counties. We are proud to say we have successfully represented hundreds of clients facing the same situation as you, and we will work hard to help you get through this.
Even a divorce which is not adversarial entails a number of difficult issues. Whether contested or uncontested, the complexity of these issues is compounded by the emotional turmoil of divorce:
- Mediation or Litigation
- Alimony or Spousal Support
- Division of Property
To read more about divorce in Pennsylvania:
A divorce is a judicial proceeding in which a valid marriage is dissolved. Through the divorce process, a couple’s assets and debts are divided, and the support of either spouse is determined.
In Pennsylvania, both fault and no-fault divorces are available. Your attorney at Fisher & Fisher can help you determine what type of a divorce to pursue. There are basically two ways to obtain a divorce under Pennsylvania’s no-fault system.
The first is a consensual no-fault divorce. Under this system, if the residency requirements are satisfied, a divorce complaint is filed citing that the marriage is ‘irretrievably broken,’ and served upon the non-filing party. The service of the complaint is followed by a 90-day waiting period. After this 90-day period has expired, as long as the parties have agreed upon all other financial issues, such as the division of their property and alimony, if applicable, the Court will grant a divorce to the parties after they each sign an Affidavit of Consent.
The second no-fault option is the two year separation divorce. If one party will not agree to the divorce, the filing party must wait two years from the date of separation before he or she can seek the entry of a divorce decree. After this period has lapsed, the Court will grant a divorce, even if the other party does not consent, upon a showing that the parties have lived separate and apart for at least two years. Under this type of divorce no assets or debts are divided by the court.
Pennsylvania was previously a ‘fault’ state, in that, to obtain a divorce, one spouse had to prove that the other spouse was ‘at fault’ for the divorce, and that the spouse who was seeking the divorce was, in fact, the ‘innocent and injured’ party. Couples can still obtain a divorce in Pennsylvania on the basis of one or more ‘fault’ grounds prescribed by law, such as abandonment or desertion, adultery, personal indignities, incarceration for two or more years, confinement for incurable insanity for 18 months, bigamy, and cruel and inhumane treatment or physical abuse.
Making the decision to end a marriage is difficult and often very stressful. Working with the experienced family law attorneys at Fisher & Fisher will help you get through the process, protecting your rights and dignity. Call Fisher & Fisher today for a free consultation.