As in other places in the country, Divorce attorneys in Wilkes-Barre, PA can help see you through the divorce process so it is less stressful. For example, in Pennsylvania, there are three types of divorce. You can choose from a mutual consent divorce, a divorce based on a two-year separation, or a fault divorce, where one spouse is deemed to be at fault for the separation.
To implement divorce proceedings, divorce attorneys state that you or your spouse must live in Pennsylvania and have decided to dissolve the marriage. In addition, you or your spouse must have lived in Pennsylvania for at least six months before filing for divorce.
The state of Pennsylvania permits grounds for divorce under the categories of no-fault and fault. Fault divorces, under the divorce code in the state, may be granted where you or your spouse are guilty of misconduct of a serious nature, including cruelty, adultery, or desertion. Fault divorces are also granted when one spouse is committed to a mental institution for a period of at least 18 months. Needless to say, this type of divorce can be emotionally draining. Therefore, you need to refer to divorce attorneys who are well-versed in these types of divorce cases.
On the other hand, no-fault divorces are granted when the parties mutually consent to divorce or where the court finds that an irretrievable breakdown of the marriage occurs. An irretrievable breakdown is considered if the couple has been separated at least 24 months. If 90 days have already passed since the commencement of a divorce filing and both parties consent to the divorce, then the court has the grounds to dissolve the union. However, certain claims, such as equitable distribution, must be resolved first. Click here for divorce attorneys in Wilkes-Barre, PA.