18 SOUTH GEORGE ST, SUITE 615
YORK, PENNSYLVANIA 17401
Call Today To
Speak To a Lawyer

(717) 428-4332

Frequently Asked Questions

ANSWER TO THE MOST COMMON QUESTIONS ABOUT THE DIVORCE SERVICES PROVIDED.

1. Is there any additional or hidden fee that I will have to pay to finish my divorce?

2. What are some examples of what can cause additional fees to be incurred?

3. How long will the divorce take?

4. Do I have to live in Pennsylvania to get a Pennsylvania divorce?

5. Does my divorce have to be file in the county where my spouse or I live in?

6. Can I still be living at the same address as my spouse and still file for a divorce?

7. Does my spouse have to sign any papers for the divorce to be granted?

8. Can you represent my spouse and I in the divorce?

9. My spouse and I have a notarized agreement we drew up dividing our property. Is that valid?

10. There any reason that I should not use your services for my divorce?

11. Will my divorce be in the newspapers?

12. Can I change my last name back to my maiden name?

13. What if my spouse decides to contest the divorce after you start it?

14. What if my spouse refuses to sign the paper’s for a mutual consent divorce?

15. Can I date while waiting for the divorce?

16. Can I make plans to get married again while waiting for the divorce to be finalized?

17. How soon after I get a divorce decree can I remarry?

18. What exactly is the procedure for my divorce?

19. What if my spouse is in prison? Can I still get a divorce?

1. Is there any additional or hidden fee that I will have to pay to finish my divorce?

No. The total fee for your divorce including court costs is $495.00. This is a full service divorce. There is no hidden cost or fee. If everything goes smoothly, you will not pay any other cost. This divorce service is for individuals that simply need a divorce and both parties are going to cooperate fully to achieve the granting of a divorce decree.

2. What are some examples of what can cause additional fees to be incurred?

Examples of the main reasons why you may incur additional fees are:

1. Your spouse does not sign for the certified mail. Someone else in the resident does.

2. Your spouse does not pick up his or her certified mail.

3. Your spouse does not sign the required documents in a mutual consent divorce.

4. Your spouse files a paper with the court objecting to the divorce or raising economic issues.

5. Your spouse hires an attorney to represent him or her in the divorce case and the attorney

files papers with the court objecting to the divorce or raising economic issues. In that case, I
will almost always file to withdraw the case from Cameron County where I file these cases
and you will have to seek local counsel in the county where the case is newly filed or where it will be filed.

These are the more common causes, but not the only causes, for additional fees and delays in the divorce process.

3. How long will the divorce take?

A mutual consent no-fault divorce usually takes about five to six months to complete depending on how long it takes to get the complaint served on your spouse and the backlog of cases at the court. The main cause for this much delay is that, by law, we have to wait out a 90 day “cooling-off” period after the complaint is filed before the process can be finalized. Please note that the divorce is not automatically granted after the 90 days. Additional paperwork must be prepared after that period to get the divorce granted.

A “separation” divorce usually takes from 45 to 60 days to be granted provided we have the full cooperation of your spouse.

4. Do I have to live in Pennsylvania to get a Pennsylvania divorce?

Maybe. Your or your spouse must live in Pennsylvania. If your spouse does not live in Pennsylvania then you must live in PA. If your spouse lives in Pennsylvania, you can live anywhere and still file. (I’ve represented clients living in other countries and in almost every state of the Union.) If you have moved out of Pennsylvania within the last six months before the filing of the divorce, you can file a Pennsylvania divorce. [Pennsylvania Consolidated Statutes Annotated; Title 23, Section 3104]

5. Does my divorce have to be file in the county where my spouse or I live in?

No. Many attorney don’t know this fact. Pennsylvania law does not mandate that a divorce be file in any specific county. Your divorce will be filed in Cameron County, Pennsylvania. Why in Cameron County? Well, not only is it one of the most beautiful parts of Pennsylvania but it just happens to be the PA county with the lowest filing court fee. (And the nicest people in the world work at the courthouse there.) I simply pass the savings on to my clients.

6. Can I still be living at the same address as my spouse and still file for a divorce?

Yes. I’ve divorced many couples still living together. A husband and wife can be “separated” as a couple and be under the same roof. Separation for legal purposes generally means that one spouse conveys the intent to the other that he or she no longer desires to remain married. Pennsylvania case law suggests that separation can be determined by many factors including sexual intimacy (the last time you had sex) and other acts or evidence showing separation such as filing a divorce complaint.

7. Does my spouse have to sign any papers for the divorce to be granted?

To get a divorce in Cameron County, the answer is yes. In both cases, your spouse must sign for their certified mail or an “Acceptance of Service” form so I can prove to the court that they were served with the complaint. If you are filing a mutual consent divorce, then both parties must sign some papers after the 90 day waiting period so I can then file them with the court. These papers indicate that both parties want this divorce to be granted.

If you are filing a “separation” no-fault divorce, then you spouse needs to sign a “Waiver of Notice” form to speed up the time to get divorce or a “Waiver of Venue” form allowing a divorce in Cameron County to be granted by the court there.

There is a way to get a divorce in Pennsylvania without your spouse signing anything but the divorce need to be done in the county in PA where you or your spouse reside. Please call me to discuss this type of divorce to see if I can possibly do this divorce for you.

8. Can you represent my spouse and I in the divorce?

No. I can only represent one of you in the divorce. I can prepare the divorce papers and a Marriage Settlement Agreement, if you choose that additional service, and present them to your spouse. However, I can not, and will not, counsel your spouse on any issue regarding the divorce.

9. My spouse and I have a notarized agreement we drew up dividing our property. Is that valid?

Without seeing it, I cannot say if it is valid. In some cases, it may be valid but without teeth to enforce in court if necessary. As an additional service, I can take your agreement and prepare a valid Marriage Settlement Agreement. This agreement will be filed with the court and will be contract between you and your spouse that will be enforceable anywhere in the United States. Go to my “Marriage Agreement” page for more information.

10. Is there any reason that I should not use your services for my divorce?

Yes. If there is any chance that your spouse will contest the divorce, then you should seek local counsel to help you. The divorce service that I offer is only for those situations where both parties desire to get divorced and will not contest or resist the divorce in any way.

11.Will my divorce be in the newspapers.

No. This divorce is filed in Cameron County and does not get published in a newspaper. It is however, public information available to anyone who looks in the court records of Cameron County.

12. Can I change my last name back to my maiden name?

Yes. Once the divorce is granted, you can get you name changed back to your previous last name or an earlier last name. I can prepare the papers to be filed in court for you have the name change done for an additional fee. Click here for information on the process.

13. What if my spouse decides to contest the divorce after you start it?

If that happens, I will wait to hear from your spouse’s attorney. We may be able to reach an agreement and keep the divorce in the county filed. Additional fees will apply in such a situation. If your spouse’s attorney decides to challenge the case because of the county it was filed in, you will have to seek local counsel and I will not be able to finish the case. Remember, my services are only for situation where such a scenario will not occur. This is a strict requirement of my representation.

14. What if my spouse refuses to sign the paper’s for a mutual consent divorce?

Again, full cooperation from both parties is essential for your case. If your spouse does not cooperate, then the case is on hold until such time as they change their mind. You can also move the case to your county and take the steps necessary to finalize the case.

15. Can I date while waiting for the divorce?

Nothing in the law prohibits you from dating other people while the divorce is in process. However, my experience has been that it may be a good idea to wait until the divorce is granted. Some spouses have a hard time dealing with someone else in the picture and I’ve seen many spouses suddenly retract their cooperation and contest the divorce because the other is dating.

16. Can I make plans to get married again while waiting for the divorce to be finalized?

At your owe peril. I recommend that, no matter how desperate or in a hurry you are to remarry, do not make any plans until you have a divorce decree in your hands. Different problems (like upset spouses) can cause a significant delay in the granting of the divorce decree.

17. How soon after I get a divorce decree can I remarry?

Immediately. How’s that for a great answer.

18. What exactly is the procedure for my divorce?

I’ve prepared a full explanation of the procedure for each kind of divorce service I offer. Go to the “Divorce Services” web page in this site to learn all about it.

19. What if my spouse is in prison? Can I still get a divorce.?

If your spouse is in prison, I can still get the divorce done if he or she is willing to sign all the documents required to finalize a divorce. The problem is that your spouse would likely not be permitted by the prison authorities to sign for the certified mail I would send. (Prisoners do get the mail, they just can’t sign the green certified mail card the I get back.) I would therefore have to include a document that your spouse would need to sign and return to me. If they do that, the divorce process goes on as normal. If not, there would be additional fees because we would have to serve your spouse by personal service using a constable or other person that can enter the prison.