Contested Divorce in PA

A contested divorce in Pennsylvania begins with filing a divorce complaint, which must be served on the other spouse. 

The responding spouse can then file a counter-claim, and the case proceeds through the discovery phase to exchange financial and other information. 

The parties may attempt to reach a settlement through negotiation or mediation; if they fail, the case will go to trial where a judge makes final decisions on issues like property division and child custody. 

1. Filing the divorce complaint

• One spouse files a formal divorce complaint with the court in the county where one of the spouses lives. 

2. Service

• The other spouse must be formally served with the divorce papers. This can be done via mail or personal service, but must follow strict court rules, and proof of service must be filed with the court. 

3. Response and counterclaim

• The responding spouse has a specific period to respond (typically 20 days).

• They may file a counter-petition outlining their own requests. 

4. Discovery

• Both parties exchange relevant information, such as financial records, to fully disclose assets, debts, and other relevant data. 

5. Settlement efforts

• Negotiation: The parties may attempt to negotiate a settlement directly.

• Mediation: A neutral third-party mediator can help facilitate a settlement if negotiation fails.

• Divorce Master: In some cases, if disputes remain unresolved, a Divorce Master may be appointed by the court to hold hearings and make recommendations to the judge on issues like property and alimony. 

6. Trial

• If a settlement cannot be reached, the case proceeds to trial.

• Both parties present their evidence and testimony to a judge, who will make a final decision on all contested issues. 

7. Final judgment 

• After the trial, the judge issues a final divorce decree, legally ending the marriage.

• A contested divorce can be a lengthy process, often taking years to finalize.