Alternatives to Court
Most of our clients want to avoid the expense and ordeal of a litigated divorce. Though we are prepared to go to court in every case we offer effective alternatives that save expense and stress.
- Consultations
First we take the time to learn all the facts from our client. Next, we answer any specific questions our client has about divorce, and educate our client about his/her rights and alternatives to court. Finally, we develop a strategy so that our client leaves the consultation with a plan of action. Initial consultations are free.
- Agreements
Many divorce situations can be solved by agreement. We spend hours preparing and reviewing the agreement with our client to ensure that it is customized to fit his/her unique needs. The final agreement is signed by the parties and a no-fault divorce is filed with the court. After a mandatory 90 day waiting period the divorce is finalized by mutual consent of husband and wife without having to appear in court. The fee for a marriage settlement agreement is quoted at the initial consultation.
- Collaborative Divorce
There is a relatively new and civilized procedure for negotiating a divorce settlement called Collaborative Divorce. Husband and wife each retain their own attorney specially trained in the collaborative approach to legal problem solving. Attorneys and clients all sign a collaboration agreement committing to keep the case from going to court. Then both clients and attorneys meet for two or more sessions where the attorneys assist their clients in identifying and reaching goals. A final agreement is then prepared and signed, and a no-fault divorce is filed with the court. After a mandatory 90 day waiting period the divorce is finalized by mutual consent of husband and wife without having to appear in court. The process is respectful of the family and the individuals in the family in a way that court litigation simply cannot provide. We highly recommend this approach. Fees for a collaborative divorce are quoted at the initial consultation.
- Litigated/Traditional Divorce
When parties are unable to agree on divorce, property, spousal support, alimony, and other matters, the case proceeds to court. Due to Pennsylvania law, parties may have to wait up to two years from the marital separation before the court proceeds with property and alimony claims (other claims can be heard by the court as soon as a divorce complaint is filed). Generally, the matter proceeds to a preliminary conference (a one hour conference with a court-appointed Divorce Hearing Master who assists the clients and attorneys in preparing for a settlement conference). After some time for preparation the matter proceeds to a settlement conference with the Divorce Hearing Master (a half-day conference that resolves many cases by agreement). If the matter is not resolved at the settlement conference a hearing date is set and the attorneys finish preparing the case for hearing. Though most cases are settled before the hearing those that are not go to hearing so that the Divorce Hearing Master may make a final report and recommendation to the judge. Any party who is displeased with the report and recommendation can file exceptions so that the matter can be review by a judge. The entire process after the preliminary conference can take several months to a year or more. Fees for litigated divorce are quoted at the initial consultation.
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