Have you recently been served divorce papers filed by your spouse? You may have received certified mail, you may have been served by a courier or “process server,” or you may have simply been handed an envelope or received an email. If you live in certain Pennsylvania counties, you may have even received a letter from an attorney offering to represent you in your divorce and that is how you found that your spouse filed a complaint in divorce. This is because in some counties divorce filings can be viewed easily by the public online or otherwise.
1. Get a Consultation with an Experienced Divorce Lawyer
Regardless of how you received the divorce papers, it is extremely important that you take action immediately to avoid any unforeseen or undesirable consequences and to understand, assert, and preserve your rights. Contact Cooper Family Law to schedule your consultation with Patrick J. Cooper, Esquire, or one of our other compassionate divorce lawyers.
2. Read the Legal Documents
You should read the documents provided to you very carefully. Do not sign anything until after you have consulted with a Pennsylvania divorce attorney (also called a “family law” attorney).
You should immediately contact the divorce attorneys at Cooper Family Law to schedule a consultation so that we can review the documents with you and advise you as to how you should proceed.
Counts
When you read the divorce complaint provided to you, you will want to pay special attention to what your spouse and/or their attorney are asking the court to do. In a complaint in divorce, this is done by raising various “counts” in the complaint.
The basic counts that you can expect in most divorces include those for a “no-fault” divorce, also known as dissolution of marriage. The no-fault grounds for divorce include those under Section 3301(c) and Section 3301(d) of the Divorce Code. Section 3301(c) allows parties to divorce if they both sign consent affidavits stating that their marriage is irretrievably broken and that 90 days have elapsed since the filing and service of the divorce complaint. Section 3301(d) allows parties to divorce even if the defendant does not agree, so long as the parties have been separated for over one year.
Additional “counts” that can be raised in a Complaint in Divorce also include:
- Equitable distribution of marital property
- Child custody
- Financial support including child support, spousal support, alimony pendente lite, and alimony
Equitable Distribution
Equitable distribution allows the court to divide the spouses’ assets and debts in a manner deemed fair by the court proceedings. If you and your spouse can reach an agreement as to how those should be divided, then the court will approve that agreement but if you cannot reach an agreement, the court will analyze the case using the Equitable Distribution factors in the Divorce Code and order a “fair” division of your property.
Child Custody
Child custody is generally handled on a different “track” in the court system but can still be raised in your divorce Complaint or Answer and most attorneys will recommend that you raise this claim if you have minor children with your divorcing spouse and do not already have a custody agreement. Again, this can be agreed upon at any time but if the spouses cannot reach an agreement, the court will analyze the case based on the custody factors in the Pennsylvania code and issue an order determining custody of your children. The skilled custody attorneys at Cooper Family Law can help you achieve your child custody goals.
Financial Support
Child support and spousal support or alimony pendente lite (APL) are also handled on a different “track” in the courts than your divorce case itself but support and custody are intertwined with divorce in important and sometimes complicated ways. It is best to hire an experienced family law attorney to represent you and help you understand all of the implications of any possible arrangements you might have with your spouse.
Alimony is a financial payment from the higher-earning spouse to the lower-earning spouse that would go on following the finalization of your divorce for some period of time. There are a number of reasons for the payment of alimony and our attorneys can review your case with you to determine whether your case will likely be one where alimony will be ordered.
If your spouse did not raise any of the claims above but you and your attorney wish to raise them then it is crucial that your attorney prepares and files an “Answer to Complaint in Divorce with Counterclaims.” The Philadelphia area divorce lawyers at Cooper Family Law will advise you regarding which counterclaims you will need to raise.
3. Organize Your Financial Records & Accounts
The next thing that you should do once you have reviewed the documents and scheduled a consultation with one of our attorneys is to secure and organize your financial accounts and documents. Having a good idea of your financial situation will help your attorney advise you best. Some of the financial information that would be important includes:
- Bank statements
- Investment account statements
- Mortgage balance statements
- Home values
- Retirement account statements and
- Debt statements
Our Experienced Divorce Lawyers Can Help
The Philadelphia divorce lawyers at Cooper Family Law have helped hundreds of people just like you who have been served with divorce papers and do not know what to do next in the divorce process. We help families in Philadelphia County, Montgomery County, Delaware County, Bucks County, and Chester County family courts. We will advocate on your behalf and help you obtain the best possible results in your divorce case.
If you have been served with divorce papers, you should contact us to schedule a consultation today to preserve your rights and protect your family. You can reach us 24 hours a day 7 days a week at (215) 814-0395 to set up your consultation and learn what the divorce lawyers at Cooper Family Law can do to help guide you through the difficult time that is divorce.
