Lackawanna County Divorce Attorney

Helping Build Better & Brighter Futures

Divorce. The mere mention of the word can bring up a number of complex emotions: Frustration, anger, hopelessness, and anxiety. But for some, a divorce can signify a new beginning.

True, it is the end of a marriage, but it may be the beginning of a better life.

At O’Malley Law Office, LLC our goal is to provide the level of legal representation in a divorce that helps our client face a truly brighter future.

A Lackawanna County divorce lawyer from our firm can handle simple and complex divorce proceedings with compassion, professionalism, and good old-fashioned hard work to achieve the best possible outcome in matters related to financial support, custody, and the division of property. 

See how a Scranton divorce attorney can help by calling (570) 284-3551. Your first consultation is free. We serve Lackawanna County, Wyoming, Luzerne, Monroe, Wayne, and Susquehanna, PA.

We Can Help with All Aspects of Your Divorce

Whether you and your soon-to-be ex-spouse are on good terms or are at each other’s throats, you will have to resolve a number of issues when you end your marriage. These issues are far more complex if you have children, if you own a business, or if you have a significant amount of assets to divide.

Your financial future, your children’s well-being, and your family home may be on the line.

An experienced divorce attorney in Lackawanna County, PA can work closely with you to protect your interests and your rights when it comes to any aspect of divorce.

The following are some of the issues we can handle in a divorce:

• Child custody and visitation;
• Child support;
• Asset and property division;
• Spousal support; and
• Domestic violence and protection from abuse orders.

At times, these issues may be resolved through an out-of-court agreement reached through negotiation or mediation. In other cases, it may come to courtroom litigation and a judge’s ruling on these complex matters.

In either scenario, our divorce lawyers in Scranton have the skill and resources to provide competent legal counsel if you have any questions about how to file for divorce or what is needed to begin your divorce petition.

Divorce Requirements in Pennsylvania

Pennsylvania’s residency requirements specify that one spouse must live in the state for at least six months before filing.

Once you’ve met those requirements, you can file for divorce on one of three grounds:

• No-fault and mutual consent divorce;
• Divorce based on a one year separation; or
• Fault-based divorce.

Fault vs. No-Fault Divorce

If both spouses agree on ending their marriage, they can proceed with a divorce by mutual consent.

Fault-based divorces, however, must be filed on certain grounds, such as:

• Adultery
• Abandonment for at least one year
• Bigamy
• Physical and mental cruelty and abuse
• The felony conviction of your spouse
• The imprisonment of your spouse for at least two years
• Hospitalization of your spouse for a serious mental disorder for 18 months
• Irreconcilable differences

What If My Spouse Won't Consent to Divorce?

If one spouse wants to divorce, but the other doesn’t, the spouse who wants the divorce can move forward without the other party’s consent as long as the couple has lived apart for at least one year before filing the divorce complaint.

After this period has elapsed, you must file an affidavit stating that the required time has passed. This allows you to divorce your spouse after they have been notified and served. However, your spouse may still raise objections.

If this happens, the filing will go before a judge. The latter may enter a divorce decree twenty days after your spouse has been served. It is important to note, however, that a divorce cannot be obtained against a spouse who is unrepresented or serving in the military.

What Is the Process for Divorce in PA?

Although there are multiple types of divorce in Pennsylvania, they all generally follow the same process:

• Filing of a divorce complaint - One copy of the form will be filed with the court. The other copy must be served to the spouse within 30 days.
• Gathering of records - The next step involves gathering important records relating to assets and debts. The spouses will need to reach an agreement about the division of property, child custody, and child/spousal support.
• Negotiation and hearings - If your divorce is uncontested, the process is relatively straightforward. If your divorce is contested, you will likely need to turn to litigation.
• Resolution and judgment - The court files a divorce decree to officially dissolve the marriage.

How Long Does It Take To Get a Divorce in PA?

The length of time it takes to get a divorce in Pennsylvania depends on several factors, including:

• How easily the spouses agree to the terms;
• The spouses’ assets and debts;
• Whether a premarital agreement is in place;
• Whether children are involved; and
• How quickly the court reviews the terms, holds the hearings and files the orders.

How Much Is Divorce in PA?

The average cost for a divorce in Pennsylvania is around $14,300 if no children are involved and around $21,500 if children are involved. However, the actual amount will depend on a variety of factors, including how many contested issues will need to be resolved as well as the type of divorce.

Do I Need a Divorce Attorney?

Yes, you should retain a divorce lawyer.

Even if your case seems straightforward, you should get the insight and expertise of a legal professional. You must protect your parental rights and financial interests. Your lawyer will ensure that the final settlement allows you to parent your children and that it gives you the means to make a fresh start.

If you know that your divorce will be highly contentious, you should hire a Lackawanna County divorce attorney before you do anything else. You may need to file numerous motions in the court to protect yourself and your children before the divorce proceedings even start.

The Do's & Don'ts of Divorce

Untangling a relationship can be a complicated legal matter, which is why it's important to keep a few important “do's” and “don'ts” in mind when going through the divorce process in Pennsylvania.

Do: Understand Your Divorce Options

If your spouse did something to cause your divorce (got arrested, cheated on you, etc.), it’s wise to investigate the fault-based divorce process. Although fault-based divorces require more work than no-fault divorces because you’re trying to prove your spouse’s wrongdoing, a successful fault-based divorce could result in better outcomes.

Don’t: Dissipate the Marital Estate

Some people think they can spend money and end up giving their spouse less during a divorce, but that’s not true. Your spouse can keep a record of all the things you’ve bought or sold during the divorce process, and in the end, you may owe money to your spouse for the money you’ve wasted. 

Additionally, judges may see this act as malicious, which could hurt your case in the long run.

Do: Stay Off Social Media Concerning Your Divorce

It’s tempting to tell the world about your divorce and to call out your spouse in front of your friends. However, this is not recommended. In divorce court, your spouse may attempt to use messages, e-mails, and social posts as evidence against you in your case. Therefore, the best course of action is to stay off social media while going through your divorce.

Don’t: Go It Alone

Divorce is a complicated legal matter with an array of factors to consider. Unfortunately, many people think they understand the process and end up hurting the potential outcomes of their cases. Therefore, if you’re starting or going through a divorce, consider talking to a lawyer at O’Malley Law Office about your case.

Contact O'Malley Law Office, LLC today at (570) 284-3551for a free consultation. Our Lackawanna County divorce lawyers are prepared to answer your questions.