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Divorce/No-Fault or Fault

Skilled Philadelphia Divorce Lawyers

No-Fault and Fault Dissolutions in Southeast Pennsylvania

Ending a marriage can be a confusing and emotionally wrenching process, involving many difficult decisions. Having an experienced and knowledgeable divorce lawyer on your side can help ease the stress and put you in the best possible position after your divorce.

The family law attorneys of the Law Office of Lawrence J. Avallone have over 25 years of experience in these difficult matters. We understand the many aspects of any divorce case and take the time to thoroughly assess each client's specific situation and needs. Based in Philadelphia, we serve the greater Philadelphia area and surrounding areas of southeast Pennsylvania and New Jersey.

Free initial divorce consultation: 215-253-3855, toll free 1-877-223-0579

Our lawyers will discuss your goals and options regarding:

No-Fault Divorce, Fault Divorce, and Annulment

The first questions we ask every client are "How long have you lived apart?" and "Will your spouse consent to divorce?" Under Pennsylvania law, there are three ways to dissolve a marriage:

No-fault divorce: You do not need a reason to get divorced, under either of these "no-fault" divorce scenarios:

1. If your spouse consents to divorce, you can both sign an affidavit stating your agreement to dissolve the marriage. The mutual request is granted after a 90-day "cooling off" period for possible reconciliation.

2. Once you have been separated for two years, you can obtain a unilateral divorce (with or without the other's consent). There is no 90-day wait — you can be divorced as soon as you file all appropriate paperwork. (It will take longer if contested issues have not been resolved).

Fault-based divorce: If the other spouse will not give consent to end the marriage, and you are not willing to wait for the two-year separation, you have to prove the other spouse is at fault for the breakdown of the marriage, and that you are the innocent and injured spouse. The court recognizes seven grounds in fault divorce: desertion, adultery, cruel and barbarous treatment, bigamy, imprisonment, insanity, and indignities.

Most people can make an argument for "indignities" (poor treatment) suffered in an unhappy marriage. One example is "studied indifference" -- the spouse works all day, comes home and utterly ignores you. Claiming indignities is the easiest path to obtain a fault divorce -- charges of adultery or cruel and barbarous treatment are more likely to be challenged in court.

Fault divorces take a minimum of six months to obtain, and can take up to two years. Fault divorces also have higher filing fees (and attorney's fees) because more hearings are required. For this reason, the vast majority of dissolutions are no-fault. However, if your spouse will not consent to a no-fault divorce (out of spite, hope of reconciling, religious reasons, etc.), this may be your only option.

Annulment: A church annulment is not legally recognized, but the Commonwealth of Pennsylvania also can annul your marriage. Failure to consummate the marriage is not grounds for annulment. For the commonwealth to annul your marriage, you must show the court that you were married under false pretenses (e.g., the spouse lied about wanting children, or concealed a sexual disease or criminal record), that the marriage was illegal (underage), or that you were unable to give consent at the time because of intoxication, mental illness, etc. There is no waiting period or consent required for annulment.

The attorneys of The Law Office of Lawrence J. Avallone will discuss strategies to get the quickest and least costly dissolution for your case.

Division of Marital Property and Debts

There are two chief issues in dividing the marriage estate: (1) identifying what property you own together and (2) putting a value on those assets. Our attorneys protect your interests in negotiating your fair share or aggressively representing you at trial.

Marital property refers to assets acquired jointly from the date of marriage to the date of separation, with certain exceptions. For example, the marital home can be regarded as marital property or separate property, depending on when it was purchased, who provided the down payment, whether the home was later refinanced, retitled to include the spouse, or improved with marital assets. An inheritance is separate property unless those funds are commingled into the marital estate. Our lawyers are adept at tracing assets held in one spouse's name back to marital assets, or proving that separate assets are not subject to division.

Valuation of assets is also important. The Law Office of Lawrence J. Avallone uses forensic accountants and other experts to determine the value of:

  • A closely held business or professional practice
  • Retirement funds (401k, IRA, pension)
  • Stocks, bonds, money market accounts, investments
  • The house and other real estate
  • Cars, jewelry, art, and other possessions

Pennsylvania is an equitable distribution state. This means that assets must be divided fairly. This does not necessarily mean that the assets will be split 50/50. If an agreement is not reached out of court, the divorce master or judge considers a number of factors, including the age and health of the parties, the length of marriage, incomes and earning capacity and child custody. The master or judge then awards a percentage of the estate to each spouse.

Spousal support (alimony) is determined in a similar way, with length of marriage and income differential being the main criteria. Extra-marital affairs or cohabitation after separation do not affect equitable distribution, but they can be a bar to an award of alimony.

To learn more about the divorce process and to get a realistic view of the potential outcomes for your case, contact our Philadelphia office today at 215-253-3855, toll free 1-877-223-0579. At your free initial consultation we can give a quote of the estimated fees for your divorce.

Evening and Weekend Appointments • Payment Plans Available
Representing Individuals and Small Family Businesses for Over 24 Years