how to file for discovery in a divorce in pa without an attorney

There's no need to file your discovery documents in court unless and until you have a fight about them with the other side. To proceed with discovery, you only need to mail the interrogatories, requests for production of documents and requests for admissions directly to the attorney of the other party.

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How do I file for divorce in Pennsylvania without a lawyer?

If you are considering a divorce in Pennsylvania, you can do it with or without a lawyer. However, you will be held to the same standard as attorneys. You must follow both statewide and local rules. There are two types of divorce in Pennsylvania: no fault/ mutual consent 3301(c) and no fault/ applicable time of separation 3301(d). The 3301(c ...

What are discovery documents in a divorce case?

Sep 09, 2018 · Step 1: Starting your PA divorce. Both spouse agree. If you agree with your spouse that you want a divorce, then you can apply for divorce by mutual consent. Once you file the divorce complaint, you must wait for around 90 days for the divorce to be finalized.

How does the divorce process work in Pennsylvania?

Apr 02, 2018 · It is possible to complete a Pennsylvania divorce without hiring a family law attorney to guide you through the process. For some spouses, this makes financial sense; if you are able to amicably work together you may end up saving on unnecessary legal fees.

What are the requirements for an uncontested divorce in PA?

Sep 06, 2021 · Discovery isn’t always talked about a lot in divorce, but it can be one of the most critical steps to ensuring you have a complete understanding of the facts – particularly if your spouse is being less than forthcoming. If you’re involved in an attorney-driven divorce (aka litigation), chances are discovery will be part of the process.

How far back does Discovery go in a divorce?

Standard requests usually seek three years' worth of information. Sometimes, however, information going back more than three years may be relevant, and therefore discoverable in a case.Jun 6, 2014

What is a divorce discovery?

Discovery occurs during the pre-trial phase of a divorce. It is the formal process by which each side obtains information and evidence from the other side. Lawyers use the discovery process to develop a better understanding of the case.Jun 1, 2021

How long can a contested divorce take in PA?

Divorce in Pennsylvania can take between 90 days and 12 months on average, depending on whether it is a fault or a no-fault one. The mandatory waiting period for a no-fault marriage dissolution is 90 days. The average contested divorce takes 5-12 months, and an uncontested one – around 4-6 months.

How do I prove a contested divorce?

Marriage certificate.Address proof of wife.Address proof of husband.Address of matrimonial home.4 passport size photographs of marriage.Evidence proving couple has been living separately for more than 1 year.Evidence relating to the failed attempts of reconciliation.Income tax statements for the last 2-3 years.More items...

What are the three types of discovery?

That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.Nov 29, 2018

What is the discovery process?

This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented. ... It is to be used at trial or in preparation for trial.Nov 28, 2021

What is a wife entitled to in a divorce in PA?

Income of both parties, including medical insurance and retirement benefits. Contribution of each spouse to the marriage, including income and homemaking. Standard of living established during the marriage.Oct 18, 2021

Can you get a divorce in PA if the other person refuses?

Mutual Consent: In Mutual Consent Divorce, both spouses file affidavits requesting a divorce. ... There is a 90-day minimum waiting period, and then if they still both agree, the divorce can be finalized.Jan 18, 2019

How long can a spouse drag out a divorce in PA?

Under the new law, spouses must live apart for a year before one can file for divorce.Oct 7, 2016

Is one sided divorce possible?

If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. ... Also it can be a reason that you are not having any relation , communication with each other for past 1 Nd half year can be a reason for divorce .

What can I do if my wife doesn't want to divorce?

If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court. There are two ways of getting a divorce in the Hindu Marriage Act.

What happens if I contest a divorce?

What is a contested divorce? A contested divorce is a more complicated procedure and will involve the divorcing couple having to attend court hearings (usually two). ... Ultimately a Judge will decide whether the person who started the divorce (the petitioner) is entitled to the divorce, based on the evidence given.May 11, 2021

What is an uncontested divorce in Pennsylvania?

An uncontested divorce in Pennsylvania means that there’s no dispute between your spouse and you regarding the various issues pertaining to the divorce i .e. property division, child custody and support, spousal support, alimony, etc.

What is the divorce process in Pennsylvania?

Requirements for Divorce in Pennsylvania. In Pennsylvania, the divorce process is usually started by a “complaint” document. The spouse that begins the divorce process by completing the complaint is referred to as the plaintiff and the other is referred to as the defendant. For a divorce in Pennsylvania, your spouse or you must have resided in ...

How much does it cost to get divorced in Pennsylvania?

While the court charges a fee of $328.98 to file your papers in Pennsylvania, hiring a lawyer to handle your divorce can cost anywhere between $4,500 – $31,000 with an attorney fees of around $11,300.

What happens if you divorce your spouse in Pennsylvania?

In the case of a Pennsylvania contested divorce, if your spouse and you are unable to come to an agreement on issues such as division of marital property, child custody and support, alimony, etc., then both your spouse and you will have to hire attorneys who will present your case before the county court.

What is marital property?

Typically, marital property is all the property which is acquired by both spouses while they are married and prior to their divorce. Any property, inheritances and gifts that either of the spouses has acquired or received before marriage and after the divorce are not included as marital property.

How long do you have to be separated to file for divorce?

In the case that your spouse or you want a divorce and the other does not, then the plaintiff can go ahead with the divorce process even without the consent of the other person, if both of you have been separated for a period of at least 2 years before you can file for divorce.

When does spousal support stop?

The spousal payment responsibility starts out of marriage and stops when the marriage finishes. Typically, spousal support is applicable before filing the divorce complaint, although it may continue while the divorce is pending in court.

What is discovery in divorce?

This is the ultimate guide to divorce discovery. Discovery isn’t always talked about a lot in divorce, but it can be one of the most critical steps to ensuring you have a complete understanding of the facts – particularly if your spouse is being less than forthcoming. If you’re involved in an attorney-driven divorce (aka litigation), ...

What is the purpose of discovery?

Discovery can also be sometimes used as a weapon when it comes to requesting alimony, child custody or child support, depending on laws of a state.

How to request an expert witness?

For example, you can request things such as: 1 All written reports of each person you expect to call as an expert witness at trial. 2 All documents of any expert witness you intend to call at trial that were relied upon to form an opinion. 3 All written, recorded, or signed statements of any party, including both parties to the divorce, witnesses, investigators, friends, family members or employer of the parties concerning the subject matter of your divorce action. 4 All photographs, videotapes or audiotapes, emails, surveys or other graphic representations of information concerning the subject matter of this divorce action. 5 Any documents received pursuant to a subpoena request from any party. 6 All financial documents (tax returns, paystubs, bank statements, retirement account statements), child-related documents, social media posts and so forth.

Who is Jason Crowley?

Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets.

What is a deposition in divorce?

Depositions are sworn testimony from an opposing party or witnesses in a divorce. This testimony can be used in court and can be used to uphold any agreements that were made during the deposition.

How long does it take to respond to a perjury complaint?

After formal discovery has taken place or concurrent with formal discovery, both sides may submit written questions to each other that must be answered truthfully under the penalty of perjury. A response is generally required in 30 days, but either side may file an objection if they feel the questions are harassing and have no bearing on the case.

Do you have to show up for a subpoena?

With a compelling presentation of documents subpoena, a recipient will not need to show up in court to testify. It can be used to require a person to turn over documents that are relevant to a legal proceeding. However, in some cases, the hybrid will require a person to show up in court with documents in hand.

Types of Divorce in Pennsylvania

When spouses believe that their relationship is irretrievably broken and thus reconciliation is impossible, this is enough of a reason to untie the knot. If they are willing to go their separate ways as soon as possible and want to simplify the process by coming to a full agreement, they can have an easy and fast no-fault divorce by mutual consent.

Who Can Start a Pennsylvania Divorce Procedure?

There are a few requirements that one must meet to initiate a divorce process in PA. First of all, to get started, one of two spouses must be a Pennsylvanian resident for at least half a year. If neither of you did, you will have to wait before initiating a divorce in the state or check if you meet the residency requirements elsewhere.

What Type of Court Handles Divorces in the State?

You can file in The Court of Common Pleas, which considers family law cases, in the county where:

How to File for Divorce in Pennsylvania?

Once the residency requirements are met and spouses understand which type of marriage dissolution they are going for, it is time to think about how to get a divorce in PA. To initiate the process, one is supposed to submit the Notice to Defend and Divorce Complaint, along with the Affidavit of Non-Military Service and a few other forms.

How to file for divorce in Pennsylvania without an attorney?

Start by preparing your uncontested divorce forms online using Pennsylvania Online Divorce and get a ready-to-file document package in 2 business days.

How long does it take to get divorce in Pennsylvania?

After the mandatory waiting period (the time within which the defendant must file a response), which is 90 days in Pennsylvania, the parties shall submit the consent forms. If the judge approves the couple's arrangements, the divorce is granted.

How long does it take to file a divorce complaint?

After these documents are signed and dated, copies must be filed with the Prothonotary’s office within 30 days of the signature date. If you miss this deadline, you will have to re-sign and date the forms and file them again within 30 days.

Can I use a sheriff's service to deliver affidavit of service?

The person who delivers the documents will then complete the Affidavit of Service. You can use a sheriff’s service, a delivery service, or any other reliable adult person.

What is discovery process?

In the end, the discovery process is simply an exchange of information.

What is the first step in the divorce process in Arizona?

The first step at the beginning of the Divorce Discovery process is Disclosure. The Arizona Revised Statutes, Title 25, and the Arizona Rules of Family Law Procedure, Rule 49 specifically address what must be disclosed when divorcing in Arizona.

How to disclose assets to spouse?

As far as your assets, you and your spouse will both need to disclose: 1 any deeds or titles to property that you own 2 any bank statements 3 any investment statements 4 evidence of property value 5 if there is a business, the statements, and records from the business 6 any personal property and its value 7 if relevant, any insurance payouts

What is evidence of property value?

evidence of property value. if there is a business, the statements, and records from the business. any personal property and its value. if relevant, any insurance payouts. You will also need to disclose any debts, including credit cards, liens, notes, or mortgages.

What is health insurance?

Health insurance, including cost and the cost to insure your children. Any other income. Life insurance, including the cost and type. Employment benefits, including stock options, vehicle allowance, retirement accounts, and pension.

Do you have to disclose information about children?

If you have children, it will be relevant and necessary to disclose information relevant to their care. When you make your disclosure statement, you should also make known the witnesses you will call during the divorce proceedings.

Can you ask the opposing party to produce documents?

While all the discovery up until now has been more general, you can ask the opposing party to produce documents you specifically want to examine with a request for production.

What is contested divorce?

A standard issue in a contested divorce is the division of property, both real (your house and any other real estate) and personal (bank accounts, cars, furniture, and the like).

Why is divorce legal?

This is the result of states enacting “no-fault” grounds (such as irreconcilable differences, or the irreparable breakdown of the marriage). Although other aspects of the divorce may be contested, many people choose no-fault grounds to end the marriage.

What documents are needed for a business?

Examples of other financial documents you may have to provide are: 1 investment account statements 2 pension account statements, including 401 (k)’s, IRA’s, and so on 3 personal tax returns 4 business tax returns 5 documents showing proof of your interest in any business and showing the value of the business 6 loan statements, and 7 credit card statements.

What is a request for production of documents?

A Request for Production of Documents (often referred to as a Notice to Produce) requires a spouse to provide the other spouse with certain documents for review. But it’s only one aspect of a larger legal concept known as “ divorce discovery ,” which is basically an information-gathering process. In divorce, the normal focus ...

What is written interrogatories?

written interrogatories (questions spouses must answer under oath) requests for admissions (a document that compels spouses to admit or deny certain facts, like whether they sold a particular item for a certain amount of money), and. depositions (proceedings in which a spouse testifies under oath about various aspects of the marriage, ...

Can a lawyer object to a notice to produce?

Yes. The word “request” is something of a misnomer. A Notice to Produce is really a court-sanctioned demand. That said, if a particular request is unduly burdensome, your attorney can object. For example, asking for credit card statements from the inception of your 40-year marriage is probably over the top.

What are some examples of financial documents?

Examples of other financial documents you may have to provide are: investment account statements. pension account statements, including 401 (k)’s, IRA’s, and so on. personal tax returns. business tax returns. documents showing proof of your interest in any business and showing the value of the business. loan statements, and.

What is discovery in court?

Discovery is a way for parties to a lawsuit to get evidence for their cases from each other as well as from other people. Court rules set forth different ways to ask for the information you need. These include interrogatories, requests for production of documents, requests for admissions and depositions. You don't file the discovery documents ...

How to reduce the issues you have to prove at trial?

A discovery tool called request for admissions can reduce the issues you have to prove at trial. You write out a list of "facts" and ask the other party to admit them. The requests can also include the application of law to fact or the genuineness of any documents. List one fact to be admitted for each numbered item. If you list two or more facts per numbered item, the opposing party may deny the entire item even though one or more parts may be true. To get the ball rolling, you mail a copy of these to the other side's attorney.

What is an interrogatory?

Interrogatories are sets of written questions that the other side must answer. Use form interrogatories if your state courts offer them. Alternatively, write up the questions yourself, keeping the rules in mind about the kinds and number of questions you can ask.

How many interrogatories can you ask?

Many jurisdictions limit the number of interrogatories you can ask per set . For example, the limit in federal court is 25. Check your state's rules before you begin. You "file" the requests by mailing them to the other side's attorney.

What is a depositions?

Depositions. Depositions are question-and-answer sessions, usually done orally and in person. Deposing a witness is a great way to find out what she has to say at trial and whether she is believable. It is also the preferred way to discover an expert's opinions and what they are based on.

Do you have to file discovery papers in court?

There's no need to file your discovery documents in court unless and until you have a fight about them with the other side. To proceed with discovery, you only need to mail the interrogatories, requests for production of documents and requests for admissions directly to the attorney of the other party. If the witness refuses to answer questions or the other side objects to the scope of your discovery, you can take the issue before the court. At that point, you would file copies of the questions and answers at issue with the court as part of a motion to compel. In addition, discovery responses become part of the evidence of the case and can be used to support motions at trial.

The Concept of “Discovery”

• A Request for Production of Documents (often referred to as a Notice to Produce) requires a spouse to provide the other spouse with certain documents for review. But it’s only one aspect of a larger legal concept known as “divorce discovery,” which is basically an information-gathering process. In divorce, the normal focus of discovery tends to be on the marital finances, but it’s by …

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