The dedicated legal team of Caputo & Mariotti
Pittston Divorce Lawyer
In essence, we all can agree that finding happiness in life is something we’re all looking for. For example, people can find it in their daily hobbies, their job, or in another person. Be that as it may, the American Psychological Association doesn’t agree. They estimate that between 40% to 50% of married couples in the United States divorce or annul their marriage. Without a doubt, coming to this conclusion is a tough thing to handle. However, if you have your reasons or want to protect yourself, that becomes incredibly important. Above all, it’s important to consult a Pittston divorce lawyer about your case.
Why Divorce Lawyers In Pittston Are Important To Have
If you are ready to break ties with your partner, chances are you want it done and you want it done fast. Maybe you don’t want to spend the money on an attorney and are considering another, cheaper option -- the “do it yourself” divorce.
In Pennsylvania, you can handle your own divorce case without the need for an attorney. All you and your spouse will need to do is fill out the divorce petition, file the papers with the court, and pay the fee. Once the papers are file, the judge will review and your divorce will be complete. That simple, correct?
Not so fast! In fact, DIY divorce can easily end in chaos, especially if you never had to handle a legal filing before. If you and your partner own property, have children, or have a prenuptial agreement, there are bound to be a number of little details that need to be worked out prior to the filing of the paperwork. Who will keep custody of the children? Who gets the house? Will alimony payments be involved?
This is why it’s so important to speak with a divorce attorney in Pittston, PA. They will make sure every detail is accounted for, that the paperwork is filled out correctly, and a plan is put in place for child support, custody, and visitation rights.
What Is A No-Fault Divorce in Pennslyvania?
When both members of the couple agree their marriage can’t be repaired and is permanently broken. This is usually an amicable separation where there wasn't a specific occurrence to cause the end of the marriage.
To be eligible for a no-fault divorce, you and your spouse must have been separated for a minimum of two years before filing your petition or both parties must consent to the divorce. Then there is a mandatory 90-day waiting period following the filing of the complaint before the judge grants your petition for divorce. The waiting period gives both parties time to comply with the requirements of the divorce.
Also, a no-fault divorce can occur when a mental disorder results in one spouse becoming held in a mental institution for a minimum of 18 months. There will also need to be a slim chance they’ll be released within 18 months of the divorce. Contacting divorce lawyers in Pittston at Caputo & Mariotti is the best first step for finding out if you have a no-fault divorce.
What Is A Fault Divorce?
In order to consider a fault divorce, there’s most likely a reason for it. A fault divorce happens when either member of the couple commit acts including but not limited to:
- Cruel and barbarous treatment
- Imprisonment for a crime
You will need to show evidence that your soon-to-be spouse had committed one or more of the above acts in order to proceed with an a fault divorce.
Can I Get an Annulment Instead?
Maybe you haven't been married for very long. Or maybe it's against your religion to divorce your spouse. Then you may consider an annulment instead. Annulment is a legal proceeding that declares a marriage invalid or void in the eyes of the law. Sometimes, some couples want an annulment for religious or personal reasons to avoid a divorce.
To obtain an annulment, you will need to prove one of the following grounds:
- one or both of the spouses are under the age of 18
- the marriage was entered under the influence of liquor or drugs
- the marriage is to the first cousin or closer relative
- the marriage is bigamous or polygamous
- either spouse is physically unable to have sexual intercourse
- the marriage consent was obtained by duress, coercion, or fraud
An annulment does not affect the legitimacy of the children born during the marriage nor does not affect any child custody or support plans in place.
Child Support and Custody in Pittston, PA
Of course, the biggest priority when sorting out a divorce settlement has to be keeping the best interest of the children in mind. Fortunately, divorce lawyers in Pittston PA are going to always make this an important part of the settlement process. We will carefully discuss all your options and explain how each of them will work for your family moving forward. Then we can create a parenting plan that spells out custody details, visitation rights, and child support options.
Equal Division of Property, Assets, and Debts
Following the end of a marriage, you’ll see the end of the couple holding property together which can consist of real estate property, random material possessions, debts, and other financial holdings. Additionally, your spouse can make it quite difficult for you to get a clear understanding of the assets they hold, especially if they have been in charge of the finances during the marriage. Fortunately, our Pittston divorce lawyers are able to do the digging needed to find the property, assets, and debts. Once this information is found, we can draft a fair settlement when the time should come.
About Caputo & Mariotti’s Pittston PA Divorce Lawyers
Fortunately, divorce is a solution that helps to secure the assets you have while seeking to gain what you’re owed. So, now that you feel a divorce is an option you can explore, you should know how divorce lawyers in Pittston can help.
If you feel that divorce is the only option for you, you need to make sure you get a quality team of Pittston PA divorce lawyers on your side. Fortunately, you’ve found the right team at Caputo & Mariotti. Our team of divorce lawyers in Pittston has decades of experience working on divorce cases where we protect the best interests of our clients. Our team has the compassion and experience to handle your case and make you feel more at ease. Contact us today to schedule a free consultation.