Divorce brings some major changes and important decisions, such as custody agreements and the division of assets. This process can be both emotionally draining and time-consuming. It’s natural to have a lot of questions about the divorce process, what it involves, and how a lawyer can help. The guide below addresses some of these questions to help you understand divorce. 

Answers to Common Divorce Questions

How do I file for divorce?

To file for divorce in Pennsylvania, one spouse must be a state resident for at least the prior six months. Start by completing and submitting a complaint form at a courthouse; this form outlines the reasons for the divorce. You'll also need to complete a writ of summons, which requests a formal response from the defendant (your current spouse). The defendant will respond to the complaint, and this will start negotiations between the two of you. A lawyer can help you navigate this process, handling everything from the initial paperwork to the negotiations, settlement, and, if necessary, representation at trial.

How is property divided?

Pennsylvania is an equitable distribution state, which means that marital property is divided fairly by a judge. Bear in mind that equitable is not the same thing as an equal split. Factors that figure into property distribution include whether an asset was acquired before or during the marriage, whether an asset was a gift, and whether property was excluded in a pre- or post-nuptial agreement.

How is child custody determined?

The best interests of the children are the court's main priorities. While each case is different, the courts will look at which parent can provide the most stable home. This involves reviewing the finances, health, living environments, and employment status of each parent, among other factors.

How long does it take to get divorced?

The exact timeframe can vary widely, depending on whether you have children, the amount of property you own, and the general complexity of the divorce. In Pennsylvania, there is a mandatory 90-day waiting period for a mutual-consent divorce. If the divorce is straightforward and both parties can reach mutually agreeable solutions, they may be able to dissolve the marriage in four or five months. Consult your lawyer for a more precise timeline that considers all the different components unique to your case.

When you need legal counsel in a divorce, trust the lawyers at Bitar & Bitar, LLP. Their divorce attorneys have been serving clients throughout Western Pennsylvania since 1974. Whether you want to file for divorce or divide your assets, they will walk you through every step of the way. Call the Westmoreland County office at (724) 339-1025 to schedule a consultation or visit them online to browse their services.