The dedicated legal team of Caputo & Mariotti
Pittston Divorce Lawyers
Breaking up a family unit is hard on everyone involved -- your spouse, your children, your extended family, and you. But when you’ve reached a point in your marriage where continuing life together seems impossible, you’ll need some help.
For those couples divorcing in our area, it’s wise to hire Caputo & Mariotti’s Pittston divorce lawyers to speak on your behalf to make sure your assets and debts are divided equally, a fair parenting plan is put in place, and there will be no issues moving forward in your post-divorce life. With our Pittston divorce lawyers by your side, you'll have nothing to worry about but starting your life anew.
Why A Divorce Attorney Is Important To Have
If you and your spouse are planning to divorce, chances are you want it done as quickly as possible. 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 filed, the judge will review and your divorce will be complete.
Despite what you may think, DIY divorce can easily end in chaos, especially 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.
This is why it’s so important to speak with the Pittston divorce lawyers at Caputo & Mariotti. We will make sure every detail is accounted for, the paperwork is filled out correctly, and a plan is put in place for child support, custody, and visitation rights.
What Is No-Fault Divorce And Fault Divorce In Pennslyvania?
When both members of the couple agree their marriage can’t be repaired and is permanently broken, a no-fault divorce can take place. No-fault divorce 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.
Although this type of divorce may seem cut and dry, there are still many details that need to be worked out by both sides, such as the division of property. Contacting divorce lawyers in Pittston at Caputo & Mariotti is the best first step for finding out if you are eligible for a no-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 ex-spouse had committed one or more of the above acts in order to proceed with a fault divorce. It's important to note that the judge will not take into consideration who is at fault for the divorce when dividing up the property.
How Property Is Divided In A Pittston, PA Divorce
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. When it comes to division of property, the judge uses a number of factors in his/her decision, including:
- How much each party contributed to the marriage
- The length of the marriage
- The source of income for each party
- The party's economic circumstances
- Each party's needs and resources
- The standard of living established during the marriage
For example, if your spouse is a stay-at-home parent and has not worked in a number of years, their economic situation will be impacted once the divorce is final. Taking this into account, the judge may choose to award your spouse alimony payments to keep the standard of living the same as it was during your marriage.
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.
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.
Can I Get An Annulment Instead?
An 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.
However, 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.
About Caputo & Mariotti’s Pittston 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.
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.