How to File for a Divorce?

Your Guide to Getting a Divorce

Facing the end of a committed relationship can be devastating. The divorce process is about much more than dividing assets and signing papers. It is about ending a relationship and a phase of your life. The emotions involved can often be harder to process than the complex legal procedures involved. It can be a great comfort to be able to lean on the shoulders of an experienced Philadelphia divorce attorney. Below, we take a closer look at the divorce process in Philadelphia to give you an idea of what to expect.

Legal Steps in the Divorce Process in Philadelphia

Filing for divorce in Philadelphia, as in the rest of Pennsylvania, involves several legal steps. Keep in mind that divorce laws and procedures can change over time, so it's essential to consult with an attorney or check the latest information from the Philadelphia courts or Pennsylvania government websites. Here is a general outline of the legal steps involved:

1. Meet Residency Requirements: To file for divorce in Philadelphia, at least one spouse must have lived in Pennsylvania for at least six months before filing. If you both meet this requirement, you can file in Philadelphia County.
2. Determine Grounds for Divorce: Pennsylvania recognizes both fault-based and no-fault grounds for divorce. Common no-fault grounds include mutual consent and living separately for at least one year. Fault-based grounds may include adultery, cruelty, or abandonment.
3. Prepare Divorce Forms: Obtain the appropriate divorce forms, which can be found on the Pennsylvania courts' website or from the Family Court in Philadelphia. You can also consult with an attorney to help you with the paperwork.
4. File Divorce Complaint: Complete the Divorce Complaint form (generally known as "Form 1" in Pennsylvania). File this complaint at the Family Court of Philadelphia or your local court. You will need to pay a filing fee unless you qualify for a fee waiver based on financial need.
5. Serve the Complaint: Once the complaint is filed, you must serve a copy of it to your spouse. This can be done through personal service, certified mail, or by hiring a process server.
6. Response and Counterclaims: Your spouse has 20 days to respond to the complaint. They can also file a counterclaim if they wish to raise their own issues related to the divorce.
7. Discovery and Negotiation: After both parties have responded, there may be a period of discovery where you exchange information and documents related to the divorce. Negotiations or mediation may take place to reach an agreement on issues like property division, alimony, child custody, and child support.
8. Pre-trial Conference: The court may schedule a pre-trial conference to help parties settle issues or prepare for trial. At this stage, you can try to resolve any remaining disputes.
9. Divorce Trial: If you cannot reach an agreement, the case will proceed to trial. Both parties will present their evidence, and a judge will make decisions on the unresolved issues. The length of the trial and the time it takes to receive a judgment can vary.
10. Final Divorce Decree: Once the judge issues a final divorce decree, your marriage is legally terminated. This decree will outline the terms of the divorce, including property distribution, custody, and support arrangements.
11. Appeals (if necessary): If you or your spouse disagree with the judge's decision, you may have the option to appeal the decision within a certain time frame.

Preparing Emotionally for the Divorce Process

Emotional readiness for the divorce process is essential because it can be a highly challenging and emotionally draining experience. Here are some tips on how to prepare yourself emotionally for divorce:

1. Seek Support: Talk to friends, family members, or a therapist about your feelings. Emotional support is crucial during this time, and having people who can listen and offer guidance can be immensely helpful.
2. Understand Your Emotions: Accept that it's normal to experience a wide range of emotions, including anger, sadness, grief, and even relief. Recognize that these emotions may come and go, and that's okay.
3. Self-Care: Take care of your physical and mental well-being. Make sure to eat well, exercise regularly, get enough sleep, and engage in activities that bring you joy. Self-care is vital during this stressful period.
4. Set Realistic Expectations: Understand that the divorce process can be lengthy and challenging. Set realistic expectations for what you can achieve and how you can handle the emotional ups and downs.
5. Stay Informed: Knowledge is power. Understand the legal process and what to expect at each stage. Knowing what to anticipate can help reduce anxiety and uncertainty.
6. Consider Therapy or Counseling: Individual or group therapy can provide a safe space to discuss your feelings, fears, and concerns. Therapy can help you develop coping strategies and gain a better understanding of your emotions.
7. Focus on Children (if applicable): If you have children, prioritize their well-being and try to maintain a stable and loving environment for them. Co-parenting arrangements can be emotionally challenging, so it's important to communicate with your ex-spouse about their needs and concerns.
8. Set Boundaries: Establish clear boundaries with your soon-to-be ex-spouse to minimize conflict. Limit communication to matters related to the divorce and try to avoid unnecessary confrontations.
9. Financial Preparedness: Financial concerns can be a significant source of stress during a divorce. Work on creating a budget and financial plan to ensure your stability during and after the divorce.
10. Legal Support: Consult with an attorney to understand your rights and options. Having a knowledgeable legal professional can reduce anxiety about the legal aspects of divorce and help you make informed decisions.
11. Acceptance and Healing: Understand that healing and acceptance take time. Give yourself permission to grieve the end of the marriage, and know that you will eventually move forward and rebuild your life.
12. Consider Mediation or Alternative Dispute Resolution: If possible, explore mediation or other alternative dispute resolution methods, as they can be less adversarial and emotionally draining compared to a courtroom battle.

Remember that everyone's emotional journey through divorce is unique. It's okay to seek professional help if you find it challenging to cope with your emotions. Over time, as you work through the process and come to terms with the changes in your life, you can emerge from the divorce process stronger and more prepared for the future.

Get the Guidance and Support You Need

There’s nothing easy about getting a divorce. Not only is the legal process complex, but emotions can also run high throughout the process. It helps to have an experienced and compassionate divorce attorney guide and represent you throughout the process. That is exactly what you’ll get with the team at van der Veen, Hartshorn, Levin & Lindheim. Contact us today and schedule a free initial consultation to learn more about how we can help.