The Difference between a Contested and Non-contested Divorce in Pennsylvania

In Pennsylvania, divorce proceedings are either “contested” or “non-contested.”  A contested divorce occurs when one person does not agree to the divorce or the parties cannot decide how to divide the marital property.  A contested divorce often leads to extensive court proceedings and high legal fees because the parties are forced to use the court to resolve their issues rather than coming to an agreement.  Going to court can be very expensive because attorneys charge not only for the time they are in the hearing, but also for the preparation beforehand.  The more combative the case, the higher the number of court hearings and legal fees.

A non-contested divorce gives people another option to the time consuming and expensive procedures of a contested divorce.  A non-contested divorce occurs when both people agree to get a divorce.  A non-contested divorce can be achieved quickly and cheaply when both people are on the same page.  In a non-contested divorce, if there is property from the marriage and the parties agree how it should be divided, the parties can simply create a settlement agreement with the help of an attorney to say who gets what and the agreement becomes part of the parties’ final divorce decree.

If there is no marital property and the parties are just looking to walk away from the marriage, a non-contested divorce can be finalized in less than six months and with minimal legal and filing fees.  If the parties have been separated less than a year, a mandatory 90 day waiting period applies before both parties have to sign documents agreeing to the divorce.  If the parties have been separated more than a year, then the waiting period can be reduced to 20 days with the agreement of both parties.

Our attorneys are available to help you figure out which option applies best to your situation.