The attorneys of Maloles Law, LLC handle no-fault uncontested divorce matters in Pennsylvania. In Pennsylvania, there are two ways to obtain a no-fault decree of divorce.
Section 3301 (c)
A Section 3301 (c) divorce in Pennsylvania is granted when the plaintiff alleges that the marriage is irretrievably broken and that ninety (90) days have elapsed from the date of filing a complaint in divorce with the Court. An affidavit must be filed by both the Husband and the Wife evidencing that both parties consent to the divorce.
Section 3301 (d)
A Section 3301 (d) divorce in Pennsylvania is granted where a complaint has been filed alleging that the marriage is irretrievably broken and also alleging that the parties have lived separate and apart for a period of at least two (2) years and the defendant either:
- Does not deny the allegations set forth in the affidavit;
- Denies one or more of the allegations set forth in the affidavit but, after notice and hearing, the court determines that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken.
Our attorneys review uncontested divorce matters presented by potential clients on a case by case basis. At times, we draft Property Settlement Agreements to address how the marital property is to be divided between Husband and Wife as a result of the divorce. The Property Settlement Agreement may also address the terms of how debts of the marriage will be addressed, as well as the terms for child support,custody of minor children, and spousal support or alimony.
Pre-Nuptial and Post-Nuptial Agreements
We also draft Pre-Nuptial and Post-Nuptial Agreements for clients in Pennsylvania or New Jersey. The attorneys at Maloles Law, LLC are often consulted to provide Estate Planning services for parties who are currently going through a divorce, or those who are recently divorced. Our attorneys are experienced to assess a client’s estate planning or estate administration or probate needs and counsel as to a specific party’s rights in connection with a divorce proceeding in Pennsylvania or New Jersey.