An uncontested divorce is when both parties agree on all substantial issues surrounding their separation. A contested divorce, on the other hand, is much more complicated. It means the couple cannot reach an agreement on one or more important issues, so they must consult with divorce attorneys, appear in court, and ask a judge to make the decisions for them. Below are some of the answers to key questions people have about contested divorces. 

Contested Divorce Questions Answered

What are common issues resolved in a contested divorce?

The most common issues leading to a contested divorce include child custody, child support, property distribution, alimony, and debt allocation. Additionally, many couples head to court over the division of assets, including deciding who keeps the home, vehicles, boats, or any other large assets that the couple purchased throughout their marriage. 

What are the disadvantages of contested divorce?

It takes a lot longer, has more steps, and usually involves higher legal fees than an uncontested divorce. You must engage in divorce discovery, which could involve a forensic accounting process to determine family assets and information gathering from third-party witnesses. You must hire a divorce attorney and appear in court for motions and hearings. 

What is no-fault divorce?

In the past, a major reason people filed for divorce was by proving their spouse had done something—typically adultery or spousal abuse—that justified the dissolution of the marriage. Today, all 50 states have no-fault divorce statutes that allow residents to file for divorce if one party wants to end the marriage.

What is the waiting period before divorce?

In Pennsylvania, if both parties want a divorce, they must live apart for 90 days before filing a divorce petition. If only one party wants it, the waiting period between separation and petition filing is one year. After filing the petition and completing any trial requirements, finalization normally takes between three and six months.

For invaluable guidance from a tenacious divorce attorney, contact Bitar & Bitar in New Kensington, PA. They’re a family firm that has served clients across Western Pennsylvania since 1974. In addition to their family law practice, they’re also experienced in auto injury, criminal defense, estate planning, and DUI cases. Visit their website to browse their family law experience or call (724) 339-1025 to schedule a consultation with a divorce attorney.