Different Types of Divorce in Pennsylvania (Bucks County)
A Bucks County divorce may be granted under special marital circumstances. Marriages deemed irretrievable or extreme in nature typically receive consideration. Divorce and custody lawyers are knowledgeable in complex divorce laws. Often, divorce is more challenging than couples anticipate. Either spouse may fail to realize the various Bucks County divorce laws which may be applicable. Divorces involving, children, mental capacity, bigamy, or abuse, play critical roles in the outcome of a divorce proceeding.
Acknowledging which divorce laws are pertinent to a case is imperative for several reasons. Duration and effectiveness of Bucks County divorce filings often relies on residency. One spouse must resided in Pennsylvania for six to twelve months. Once this requirement is verified than a divorce is likely to proceed.
Bucks County divorce laws be met before a dissolution of marriage. Both, petitioner and respondent must know the two types of Bucks County divorce. There are various guidelines and regulations within each category. Categories are, no-fault and fault divorce. Lets briefly discuss these divorce laws. Note that consulting with a Bucks County divorce attorney will assist in understanding provided information.
No Fault Divorce - Courts may determine the need of dissolution upon the mutual consent of both parties. An affidavit should be signed by petitioner and respondent. Affidavit must indicate an agreement that marriage is irreparable. Affidavit must be signed within 90 days following the marriage in question. Bucks County divorce court will most likely deem the divorce appropriate. That is, if such evidence is presented. At this point, ‘a Section 3301 (d)’ divorce can be granted.
If the respondent spouse opposes the divorce, the Section 3301 (d) provision could apply. This provision state, two parties living separately for a specified duration, is eligible for dissolution of marriage. Additional grounds must also be apparent. Such grounds are defined as, two years separated as a result of irreconcilable differences. Denial of allegations indicated in the provided affidavit must be presented as well. Other stipulations may apply and should be discussed in further detail. Custody issues impact the outcome of a case. Such cases could require legal expertise, like that of a Bucks County divorce lawyer.
Fault Divorce- Most extreme circumstance fall under "fault divorce". Such as fault at the hands of the other spouse. A Bucks County divorce judge takes many instances into account. This list is extensive and is not limited to the following:
An absent spouse has limited rights in regards to contesting a divorce. Absence of willful or malicious desertion is grounds for dissolution of marriage. Under Bucks County divorce law a spouse must have a valid reason to excuse such absence.
Unacceptable behavior resulting in any form of abuse typically insures divorce eligibility. Behavior must be defined as, cruelty, mental or physical abuse. Evidence indicating the jeopardy of one’s health or safety creates a dysfunctional living environment. Such environments can hinder the respondent spouse from fighting a divorce. These situations could also impact future custody proceedings.
Bucks County divorces are granted if bigamy is proven. A marriage that takes place while another spouse is knowingly in a documented marriage is known as, Bigamy. For obvious reasons, a divorce can be granted on grounds of bigamy alone. Title 23 - Sections: 3301, is where the majority of these statues may be accessed.
Pennsylvania laws governing divorce can prove to be complex in nature. It's common for couples to experience difficulty understanding the legal aspect of divorce. Obtaining professional advice could effectively assist in the betterment of future proceedings. We briefly detailed fault and no-fault dissolutions of marriage. However, there is much to be explained to assure successful proceedings. Divorce is stressful enough. Contacting a Bucks County divorce and custody lawyer in Pennsylvania can alleviate that stress. For more information call us at (215) 693-6191.