Divorce Law 2018-03-01T15:15:35+00:00

Divorce Law

The family law attorneys of McMillen Urick Tocci & Jones provide experienced, compassionate and affordable representation for individuals involved in divorce proceedings — from relatively simple, uncontested divorce settlement negotiations to highly contentious courtroom cases.

We strive to find the best options that can help you move on with your life and to financial security.

What are grounds for divorce in Pennsylvania?

State law allows two types of divorces: “fault” and “no-fault.”

In a fault-based divorce, one of the spouses accuses the other of misconduct or maltreatment, which can include adultery, cruelty, domestic violence, humiliation, and criminal activity involving in jail time. Any accusations must be proven in court.

In the much more common “no-fault” divorce, neither spouse casts blame on the conduct of their spouse or one year from final separation has elapsed. In those cases blame is not an issue in obtaining the Decree. The divorce can be granted on the grounds of “irretrievable breakdown,” meaning that the marriage was broken beyond repair.

How long does it take to get divorced?

In a no-fault divorce with mutual consent, the process can be as quick as 90 days.

A no-fault divorce without mutual consent requires a separation period of at least one year.

There is no waiting period to file for a fault-based divorce, but there will be a court hearing during which allegations against the other spouse must be proven.

How is property divided during a divorce?

Our lawyers can help you negotiate a property settlement that is fair and reasonable and if settlement cannot occur, we are prepared to handle your matter in trial by presenting witnesses and evidence to support our claims.

Pennsylvania is an equitable distribution state, meaning that marital property is reallocated based on what the court determines is fair, rather than equal. Our lawyers can help you negotiate a property settlement that it fair and reasonable and if settlement cannot occur, we are prepared to handle your matter in trial by presenting witnesses and evidence to support our claims.

How does the court decide if alimony is awarded?

Pennsylvania guidelines and support and divorce statutes and rules assist the court in determining if spousal support, alimony pendent lite or alimony should be granted. The courts make these decisions on a case-by-case basis. We can help you to make sure you are awarded what you are entitled to receive or pay only what you are obligated to pay.

Although judges have a great deal of discretion in determining whether alimony is awarded (how much is awarded and for how long), there are 17 factors a judge considers before making a decision.