Do I Have to Go to Court for a Divorce in Pennsylvania?
No, you don’t always have to go to court to get a divorce in Pennsylvania. While every divorce involves the court system, many can be finalized without either spouse having to attend a hearing.
At Crouthamel Law Offices, our divorce attorneys know that going to court can be one of the biggest concerns when ending a marriage. Understanding when a court hearing is necessary and when it can be avoided can help you feel more prepared for the divorce process.
When Can You Get Divorced Without Going to Court?
A hearing may not be necessary in these two situations:
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Mutual-consent divorce: If you both agree that the marriage has broken down, you can sign and submit the required consent affidavits after a 90-day waiting period. The court can grant the divorce without a hearing once the required notices have been completed and any outstanding financial claims have been addressed.
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One-year separation: If you’ve lived separate and apart for at least one year and both agree that the marriage is over, you can generally get divorced without attending a hearing.
Even if you don’t need to attend a hearing, the process isn’t final until the court issues a divorce decree.
When Do You Need to Attend a Hearing?
A hearing may be necessary when you and your spouse disagree on important issues that the court needs to resolve, including:
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Disputes over separation: If your spouse disagrees about when you separated or whether the marriage is over, the court will need to resolve those disputes before granting the divorce.
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Fault-based divorce: Grounds such as adultery or desertion require evidence to support the allegations.
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Financial disagreements: Disputes over dividing marital property or paying alimony can require the court to resolve financial matters before the case is finalized.
Disputes over child custody or support can also require you to attend separate court hearings.
Reaching an Agreement Can Help You Avoid Court
Although some of the issues we’ve covered can lead to court hearings, you and your spouse can often resolve them through an agreement. For example, you can settle matters like property division and alimony instead of leaving those decisions to a judge.
If you’re having trouble reaching an agreement, mediation can help you find common ground. In Lehigh County, the court can also appoint a divorce master, an attorney who handles disputed financial matters. This process can include conferences to help resolve disagreements before a formal hearing becomes necessary, potentially saving you time and legal costs.
Understanding Your Options Before Going to Court
Your divorce doesn’t have to end up in a courtroom. Knowing your options and getting legal guidance can help you determine whether a hearing is necessary and what steps you can take to avoid one.
At Crouthamel Law Offices, our divorce attorneys can help you resolve disputes when possible and prepare for court if needed. Schedule a consultation or call 610-428-3386 to discuss your situation and how we can help.