Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Brett Surbey
Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Divorces are rarely ever clear-cut or without emotional baggage and hardship. While deciding on child custody terms, potential alimony payments and how to distribute property you both own, it is easy to quickly get overwhelmed.
Getting a divorce lawyer can be a major stress reliever in an already emotionally charged situation. To help you navigate the complexities of divorce, Forbes Advisor found the best divorce lawyers in Philadelphia.
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Best Divorce Attorneys in Philadelphia, PA
Compare Top Divorce Attorneys
Filing For Divorce in Pennsylvania
Whether you choose to prepare and file your divorce on your own, or use a specialized divorce attorney, there are a number of divorce-related laws and procedures you should be aware of.
Pennsylvania Divorce Requirements
Before beginning the divorce process, there are a number of requirements that need to be met by one or both parties. In order for someone to file for divorce, one of the spouses must have lived in Pennsylvania for at least six months.
If both parties agree to a divorce by mutual consent, there is a 90-day waiting period before the divorce proceeds. However, if the other spouse does not agree to the divorce, then they must be separated—but not necessarily on different properties—for at least one year. The marriage must be shown to be irretrievably broken to qualify for divorce.
Types of Divorce and Separation in Pennsylvania
Pennsylvania has three different categories of divorce: divorce by mutual consent, uncontested and fault-based.
- Mutual consent: A divorce by mutual consent occurs when both spouses agree to a divorce and agree their marriage is irretrievably broken. The divorce is filed and each files an affidavit asking for divorce.
- No-fault: One spouse can obtain a divorce without the other’s consent if they have lived apart for at least a year and the marriage is irretrievably broken,
- Fault-based: “At fault” divorces occur when one spouse does not agree to the divorce, the couple has not yet been separated for a year and the spouse asking for the divorce doesn’t want to wait the full year. The spouse asking for the divorce must prove a reason for the divorce, including desertion for a year or more, bigamy, adultery, cruel treatment resulting in danger to the plaintiff’s health, the other spouse has a jail sentence of two or more years or indignities which (conduct making life unbearable).
Child Custody, Support and Visitation in Pennsylvania
When it comes to custody of children, the court determines what is in the best interest in the child when making a decision. To do so, they will review certain relevant factors such as the child’s wishes, their safety, stability and continuity and proximity of residences. However, even if one parent is not awarded custody, they are typically still given some visitation rights in most situations—the courts recognize that having relationships with both parents is important for the child’s development.
Child support is based on the Income Shares Model which makes each parent’s support obligation proportional to their monthly income. A judge considers a number of factors including each parent’s income, daycare expenses and medical expenses. Child support payments from either parent, or both if they are not taking care of the child, will continue until the child is 18 or graduates high school, whichever is later.
Property Division in Pennsylvania
Pennsylvania is an equitable distribution state, meaning that marital property is distributed by the courts fairly—though not necessarily in half. When considering how to divide a couple’s property, the court reviews factors like the income of each spouse, the duration of their marriage, the spouses’ age and health and the tax consequences of dividing their property. Property, including money earned, is only considered marital property if it is acquired or earned during the marriage.
Spousal support, also known as alimony, is designed to improve a spouse’s financial situation after divorce. The amount of support is dependent on financial need. Spousal support amounts are based upon factors similar to those used when determining the division of marital property.
Filing and Serving Your Divorce Papers
The types of forms you need to file and serve on your spouse vary depending on the type of divorce being filed. Once the applicable forms have been signed, you bring original copies of them to your county courthouse for filing. Copies of these forms must be served to your spouse—either by mail following specific instructions or in person by someone other than yourself.
For a full list of the divorce forms you need, how to file them and how to serve them, head to the Unified Judicial System of Pennsylvania’s divorce proceedings page.
Finalizing Your Divorce
If both spouses consent to the divorce, they simply need to file for divorce and wait for a period of 90 days. Once this period has passed, each party needs to file a sworn statement stating that their marriage is irretrievably broken and they want the court to grant them a divorce.
If there is a dispute regarding the divorce, a hearing is held. Prior to the hearing both parties need to submit proposed resolutions to the disputes, as well as other documents relevant to the issues at hand. Once the hearing is complete, a judge will issue a final order of divorce addressing the various issues raised.
How Can an Attorney Help You?
In addition to handling filing paperwork, an attorney argues for your position in the divorce and negotiates with your spouse’s lawyer. They advocate on your behalf regarding how assets will be divided, who will be given custody of the children, if spousal support is required and other matters. If necessary, a divorce attorney will also attempt to uncover any assets your partner is trying to hide.
However, you may not need a lawyer for your divorce. If your divorce involves few assets, no children and is uncontested, you may be able to draft divorce documents using online divorce services. If there are high-value assets, you have children or if your partner does not agree on the terms of your divorce, a divorce attorney may be needed to help you reach an agreement or to argue your case in court.
How to Find the Best Divorce Lawyer in Philadelphia, PA
There are many highly-trained divorce attorneys in Philadelphia, but not all of them are a good fit for you or your case. Here are a few characteristics you should watch out for when picking a divorce lawyer to handle your matter.
- Empathetic. Going through a divorce is one of the most emotionally turbulent events you can face. It is critical to find an attorney you can partner with who is both intellectually capable and has compassion for their clients.
- Proven track record. When it comes to property division and especially child custody terms, negotiations can get messy, fast. An attorney who has a history of successful divorce cases will know how to get things to a resolution quickly or be able to tell you that no settlement is possible.
- Communicative. Resolving a divorce requires a high level of communication between all parties. An attorney who communicates clearly can help you get to a resolution more quickly.
Methodology
To come up with the best divorce lawyers in Philadelphia of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Let a professional, reasonably priced online divorce service help you with all matters pertaining to your divorce.
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Frequently Asked Questions (FAQs)
How long does it take to get a divorce in Philadelphia?
The length of time it takes to resolve a divorce matter depends on its complexity. If you have many assets to divide, can’t agree on child custody and if the divorce is contested, the entire process could take years. On the other hand, much simpler divorces may take only a few months to process.
How much does it cost to get a divorce?
In Pennsylvania, it costs anywhere from a few hundred dollars to tens of thousands of dollars to get a divorce completed. Much of this cost is determined by the type of divorce you are involved in—either contested or uncontested. In an uncontested divorce where both parties agree to the terms of the divorce, all that’s left is to file documents with the court.
Contested divorces, when no agreement has been reached, require much more legal guidance—and in turn—higher fees.
Is a lawyer always required for a divorce?
If you are going through an uncontested divorce, legal representation usually is not required. The parties can draft their documents online if they wish. In contrast, if there is no agreement on how property will be divided or how the children will be handled, for example, it is best to get a divorce lawyer to help you navigate the situation.
