Frequently Asked Questions About Divorce In Delaware County
If you are about to get a divorce, you may think that you are in for a long legal battle. While that is not always the case, disputes may arise between you and your spouse, and you will likely have many questions along the way. Below, our Delaware County divorce lawyer provides the answers to some of the most frequently asked questions we hear.
Is it Better to File for Divorce First?
Maybe you and your spouse both know that your marriage is not working. Or, perhaps the subject has never come up but you have been considering divorce recently. Regardless of your situation, legally speaking it does not matter who files for divorce first. Filing first does not mean the judge will look more favorably on you or that you will speak first in court.
However, filing for divorce first does come with certain advantages. For example, you will have more time to collect your paperwork, such as tax returns and life insurance policies. You can also start separating your finances earlier, which can help in your case.
Does My Spouse Have to Consent to Divorce?
Not necessarily, but it depends on the type of divorce you get. If you and your spouse agree to all of the different terms of your case, you can file a mutual consent divorce. In this case, your spouse must agree to end the marriage. Still, you can file on the grounds of irretrievable breakdown of the marriage if your spouse does not agree to the divorce. To do this, you must prove that the marriage is irretrievably broken and you and your spouse must live separate and apart for one year.
Why is My Spouse Fighting for Alimony During Divorce?
It is natural to think that no changes will be made to your current personal or financial situation until the divorce is legally finalized. Unfortunately, that is not the case and people often find that out when their spouse starts fighting for alimony while proceedings are ongoing. In Pennsylvania, though, spouses can argue for alimony pendente lite, which helps a lower-earning spouse cover the cost of the divorce and their living expenses throughout the case.
Should I Leave the Family Home?
Whether you leave the marital home depends on your own situation. You and your spouse can remain living in the same home during the process as long as you continue living separate and apart and no longer as a married couple. If you leave the home, it may hurt your case if you ultimately want to keep it. Still, remaining in the home does not necessarily mean you will be able to keep it post-divorce.
Our Divorce Lawyer in Delaware County Can Answer Your Questions
It is natural to have a lot of questions when getting a divorce. At Barbara Flum Stein & Associates, our Delaware County divorce lawyer can answer them so you receive the fair settlement you are entitled to. Call us now at 610-565-6100 or contact us online to schedule a consultation and to get your questions answered.
Source:
legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.037.001.000..HTM
legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=33&sctn=1&subsctn=0
