A divorce is contested when spouses can’t agree on one or more issues, such as property, retirement benefits, support, or parenting arrangements. If negotiations don’t resolve those disputes, a judge may decide them. As a contested divorce lawyer in Greensburg, Andrew F. Skala, Esq., helps clients throughout Westmoreland County build the evidence they need to support their position.
What Does Pennsylvania Require Before You Can File?
At least one spouse must have lived in Pennsylvania for six months before filing the divorce complaint. The case is generally filed in the county where either spouse lives. You don’t need your spouse’s cooperation to get a no-fault divorce. After one year of separation, you can move forward even if your spouse doesn’t agree.
How Do Westmoreland County Contested Cases Proceed?
Every Westmoreland County divorce is filed and heard in Greensburg, no matter where in the county you live. Financial disputes are first addressed at an All-Counts Conciliation Conference. Before the conference, both spouses must submit financial forms, including a Marital Asset and Liability Summary.
If the conference officer can’t resolve the issues, either spouse can ask the court to appoint a Special Master, who is a local family law attorney. The master hears testimony and recommends an outcome. If either spouse disagrees with the recommendation, they can file exceptions for the judge to review.
What Parts of a Contested Divorce Do We Handle?
Contested divorces often involve several issues at once, and each one needs its own evidence. We handle:
- Identifying and valuing marital and separate property
- Dividing pensions, retirement accounts, and business interests
- Spousal support, alimony pendente lite, and alimony
- Custody and relocation disputes connected to the divorce
Debt is often disputed just as much as assets. A credit line one spouse opened during the marriage may be considered marital debt, no matter whose name is on the account.
How Pennsylvania Divides Property
Pennsylvania doesn’t automatically split marital property 50/50. Under 23 Pa.C.S. § 3502, the court divides property fairly based on several factors, including the length of the marriage, each spouse’s earning ability, and the tax consequences of dividing certain assets. The court doesn’t consider marital misconduct, such as an affair, when dividing property. However, if one spouse spent marital money on an affair, the court may take that into account.
Deciding Whether to Settle or Go to a Hearing
Andrew F. Skala, Esq., draws on his early work for a family court judge when evaluating settlement offers. When both sides are close to agreeing, settling at the conference may save you more in legal fees than you would gain by going further.
Other cases are worth taking to a master’s hearing. Preparing your evidence early helps you decide whether an offer is fair or whether it makes sense to ask for a decision.
Protect What You Built Before the Court Divides It
Make sure the court has the full picture before it decides how to divide what you’ve built. Andrew F. Skala, Esq., has more than 20 years of legal experience and an extensive trial background. He represents clients from Greensburg, Latrobe, Ligonier, New Kensington, Lower Burrell, Murrysville, Export, Mount Pleasant, and Scottdale. Call (724) 493-9044 for a free initial consultation, or reach out to us online.