Michael E. Eisenberg
FAMILY LAW
DIVORCE
The dissolution of a marriage can be one of the most difficult experiences in one's life. Attorney Eisenberg will listen, providing counsel and guidance in order to provide a goal oriented approach to the divorce or current situation. The process taken by a divorce case can be very straight forward and it can have a number of tracks. The course taken by each track really does depend upon the track itself, such as support or custody, and whether the parties are able to resolve any one track or several/all tracks before concluding the case.
The various tracks that can be taken in a divorce case are as discussed below. Please take a moment to scan or read the sub-topics listed.
NO FAULT
Pennsylvania law provides for both fault and no fault divorce. Most people opt for a no fault divorce. A no fault divorce simply means that the parties have grown apart and no one is blamed for the marital problems.
There are two types of no fault divorces in Pennsylvania. One is by consent. Each party may agree to pursue a no fault divorce and sign appropriate paperwork after the divorce has been served and ninety days have elapsed. At that point, the divorce may be finalized (which takes about one month) or it may be sent to a master for property division issues.
The other type of no fault divorce does not require that the other spouse agree. Once a couple has lived separate and apart for at least two years, the party who desires the divorce may file paperwork with the court that the parties have been apart for the two year period. After the two year period has elapsed and the other party does not object, the divorce may be finalized or the matter may be sent to a master to deal with property division issues.
There are many issues that might arise along the way and it is always wise to consult an experienced divorce/family law attorney.
FAULT DIVORCE
Fault divorce is legal and does exist in Pennsylvania. A fault divorce could be based upon physical cruelty, adultery, indignities(subjecting the other spouse to treatment such that his/her life has been made burdensome and intolerable). There are other fault grounds, such as being committed to prison or mental institution for a period of at least two years.
Fault divorce requires a finding by a master or judge that the grounds, or reasons, for fault have been sufficiently proven to mandate a divorce based upon fault. For this reason, most reasons for fault divorce are not pursued. Having litigated quite a number of fault divorces, it often becomes a last resort if the other spouse will not agree to a no fault divorce and if there are sufficient reasons to pursue a fault divorce.
LEGAL ANNULMENT
Annulment is when a divorce is declared to be invalid. An annulment is not a divorce. A divorce is an end to a marriage where an annulment basically is a declaration that the marriage was never legal or now should not be and it is effective, if approved, as of the date of the marriage. By way of examples, if a couple marry and they are too closely related, their marriage might be void, illegal from the start.
If a couple marry and one of them was too drunk or under the influence of drugs to fully understand what has happened, that marriage is valid but voidable. If pursuing an annulment, timing is very important and counsel should be consulted as soon as there is a suspicion of a problem. The longer the problem is permitted to remain a problem, if known, the more difficult an annulment may be.
