AREAS OF PRACTICE

DIVORCE

The Divorce process can be very stressful. But that does not mean that there needs to be a war between you and your spouse. At M.L. Martin Law, we will help reduce your stress level by taking care of the procedural process of the divorce for you. We will also always try to resolve your matter amicably. However, we are prepared to defend your position vigorously if need be.  

In Pennsylvania, a party can seek a Divorce in two different ways; Fault Divorce and No-Fault Divorce.

Fault Divorce

For a party to obtain a Fault Divorce, the plaintiff to prove that they have been subjected to one of the six categories of marriage misconduct set forth by 23 Pa. C.S.A. §3301 (a). These are: 

(1)  Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for a period of one or more years.

(2)  Committed adultery.

(3)  By cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse.

(4)  Knowingly entered into a bigamous marriage while a former marriage still exists.

(5)  Be sentenced to imprisonment for two or more years upon conviction of having committed a crime.

(6)  Offered such indignities to the innocent and injured spouse to render that spouse’s condition intolerable and life burdensome.

No Fault Divorce

There are two different types of No-Fault Divorces. One is by Mutual Consent and the other is by length of separation.

  • Mutual Consent – If both parties agree a Divorce Decree can be entered roughly 90 days after the filling for divorce.
  • Separation – If the parties have been separated for one (1) year, either one of them can file for Divorce without the consent of the other party.

 

Need help filing for Divorce? Or did you receive Divorce paper from your spouse? We can Help! 

Call us at 412-425-4373 to set up an Initial Consultation.

Divorce papers with attorney

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