Most divorces do not begin with the goal of going to trial. In many cases, spouses are able to resolve the divorce by agreement, through attorney negotiation, mediation, a master’s recommendation, or settlement discussions. But when spouses cannot agree on the facts, the law, or the outcome, a Pennsylvania divorce may require a hearing or trial.
The short answer is this: a divorce goes to trial when the court must decide an issue that the spouses cannot resolve themselves. That issue may involve the legal grounds for divorce, the division of marital property, alimony, child custody, child support, counsel fees, or another contested matter raised in the divorce. Pennsylvania law allows a divorce decree to address property rights, custody, child support, alimony, attorney fees, costs, expenses, and other related matters when those issues are raised in the case.
At Cooper Family Law, we see that the word “trial” can make people anxious. A divorce trial is serious, but it is not usually like what people see on television. In Philadelphia and throughout Southeastern Pennsylvania, many disputed divorce issues are first addressed through conferences, hearings, or proceedings before a divorce master, before a judge makes a final decision.
Do Divorces Go to Trial in Pennsylvania?
Yes, divorces can go to trial in Pennsylvania. But not every divorce requires a trial, and not every court appearance is a trial.
Pennsylvania recognizes several grounds for divorce. A mutual consent divorce may proceed when the marriage is alleged to be irretrievably broken, 90 days have passed from the start of the action, and each party files an affidavit consenting to the divorce.
A no-fault divorce may also proceed after the required period of separation if the marriage is irretrievably broken. If the other spouse denies the required allegations, the court may need to hold a hearing to decide whether the parties have lived separate and apart for at least one year and whether the marriage is irretrievably broken.
Pennsylvania courts also explain that divorce procedures are governed by the Pennsylvania Rules of Civil Procedure, including rules in Chapters 1920 and 1930 of the Pennsylvania Code.
In practical terms, a case may go to trial because one spouse contests the divorce itself, because the spouses cannot resolve economic claims, or because related family law issues require a court decision.
Why Would a Divorce Go to Trial?
A divorce may go to trial when one or more important issues remain disputed. Common reasons include:
- Disagreement over divorce grounds
- Disputes over what property is marital or separate
- Disputes over the value of a house, business, retirement account, or other asset
- Claims that one spouse hid, wasted, transferred, or depleted marital property
- Disputes over alimony or counsel fees
- Child custody disputes
- Child support or spousal support disputes
- Disagreements about whether a proposed settlement is fair or complete
- Credibility disputes where the spouses tell very different versions of the facts
Some of these issues may be addressed through settlement conferences, support conferences, custody proceedings, or a master’s hearing. Others may require testimony, exhibits, cross-examination, and a decision by a judge or master.
Property and Debt Disputes Can Push a Divorce Toward Trial
One of the most common reasons a divorce becomes contested is disagreement over money. In Pennsylvania, marital property is divided through equitable distribution. Equitable does not always mean equal. It means the court divides marital property in a manner it considers fair after reviewing the relevant statutory factors.
Those factors include the length of the marriage, each party’s income, employability, liabilities and needs, each party’s opportunity to acquire assets and income in the future, the contribution or dissipation of each party in preserving or depreciating marital property, the standard of living during the marriage, tax ramifications, and whether a party will serve as the custodian of dependent minor children.
If both spouses agree on the assets, debts, values, and distribution, a trial may not be necessary. But if they disagree about whether an asset is marital, how much an asset is worth, whether one spouse dissipated money, or whether a proposed division is fair, the court may need to hear evidence and decide the issue.
Custody and Support Issues May Also Require Court Intervention
Not every divorce trial is only about property. Divorce cases often overlap with child custody, child support, spousal support, alimony pendente lite, and alimony.
Pennsylvania’s divorce decree statute allows a decree to address custody, child support, alimony, property rights, attorney fees, costs, expenses, and other related matters when those issues are raised.
Custody disputes are especially fact-specific. A judge may need to evaluate the child’s best interests, the parents’ schedules, the child’s needs, each parent’s involvement, safety concerns, and the practical realities of parenting after separation.
What Is the Difference Between a Divorce Hearing and a Divorce Trial?
A hearing is any court proceeding where the judge, master, or hearing officer considers a request or issue. A trial is a more formal evidentiary proceeding in which the court receives testimony, exhibits, and argument to decide a disputed issue.
Pennsylvania law allows a court to appoint a master to hear testimony on all or some divorce issues, except custody and paternity, and to return a record, transcript, report, and recommendation. A judge may also appoint a master to hold a nonrecord hearing and make recommendations, and either party may demand a hearing de novo before the court in that situation.
This is one reason divorce clients sometimes hear different terms: conference, master’s hearing, pretrial conference, trial, de novo hearing, and final hearing. The correct term depends on the issue, county procedure, and stage of the case.
Do Divorce Trials Have Juries in Pennsylvania?
Most people should not picture a divorce trial as twelve jurors deciding who was right and who was wrong in the marriage. In many Pennsylvania divorce disputes, contested issues are heard by a judge or master.
Pennsylvania law does include a limited jury trial procedure for certain disputed facts in a divorce or annulment action. A party who wants a disputed matter of fact tried by a jury may apply to the court, and the court may discharge the request, allow it, or define the issue(s) itself. Only the issues ordered by the court are tried.
For client-facing purposes, the important point is this: do not expect a television-style jury trial. If your divorce becomes contested, your attorney should explain who will hear the issue, what evidence will be required, and what procedure applies in your county. It is extremely uncommon for a divorce trial to be held before a jury. Usually, a Judge conducts what is commonly referred to as a “bench trial.”
Should You Try to Avoid Trial?
Many spouses benefit from resolving their divorce without a trial when a fair agreement is possible. Settlement can reduce uncertainty, cost, delay, and emotional strain. It can also give the parties more control over the outcome than they would have if a judge decides the disputed issues.
That said, settlement is not always possible or advisable. Trial may be necessary when one spouse refuses to disclose financial information, makes unreasonable demands, hides assets, rejects a fair proposal, endangers a child, or insists on a position that the law does not support.
The decision is not simply “settle or fight.” The better question is whether the proposed resolution protects your rights, your children, and your financial future.
Talk With a Divorce Lawyer Before Trial Becomes Necessary
If your divorce is becoming contested, early legal guidance matters. The facts you document, the proposals you make, the financial records you preserve, and the way you prepare for hearings can all affect the outcome.
Cooper Family Law provides legal representation to clients in Philadelphia and throughout Southeastern Pennsylvania in divorce, property division, custody, support, alimony, and related family law matters. If you are worried that your divorce may go to trial, speak with a Philadelphia divorce lawyer before the dispute narrows your options.
To discuss your situation confidentially, contact Cooper Family Law to schedule a consultation.
