Thinking About Divorce in Allentown? Here’s What You Need to Know.
Divorce isn’t just a legal matter—it’s a deeply personal and often overwhelming experience. From dividing property to making decisions about your future, the process can quickly become stressful and overwhelming.. That’s why having the right support is so important. Santos Law Group practices family law in Allentown, PA and we’re ready to walk you through each step while making sure your rights and interests stay protected.
In Pennsylvania, divorce comes with its own set of rules and deadlines, which differ in each county, so missing a step can set you back. You might be wondering how to file, what to expect, or how long it will take. Santos Law Group has a divorce lawyer in Allentown PA who knows Lehigh County’s court system and is ready to help. Legal guidance can make a real difference in your case. In this article, we’ll break down the divorce process in simple terms, including when legal help is necessary.
Quick Summary:
- Starting a divorce in Allentown means meeting certain requirements, like living in Pennsylvania for six months and filing the divorce action with the County Court that either you or your spouse resides in. When the main reason for divorce is irreconcilable differences, most people choose a no-fault divorce, which is often simpler. The process includes filing paperwork, serving your spouse, waiting for the required 90-day period, then submitting more documents to finalize the divorce action. A lawyer can help you avoid delays and make sure everything is done correctly.
- Divorces can be either uncontested or contested. Uncontested divorce matters are quicker and less expensive because both sides are in agreement with the terms. Contested divorces take more time, cost more, and often involve court hearings and extensive negotiations.
- Dividing property and debt in Pennsylvania typically follows the idea of a 50/50 split, unless there are specific grounds for divorce such as abuse or infidelity. The court also looks at things like income, and length of the marriage when determining if any type of support will be awarded to either party. Custody and child support are also important factors that need to be addressed if children are involved. If your spouse hires a lawyer, hides information, or refuses to cooperate, having your own lawyer can help you to protect your rights.
How to Start a Divorce in Allentown, Pennsylvania
Starting a divorce in Allentown is more than filing paperwork. There are a few requirements you need to meet before you can officially begin the process. First, either you or your spouse must have lived in Pennsylvania for at least six months. Second, you’ll need to file a complaint for divorce in the Court of Common Pleas in Lehigh County.
Pennsylvania allows for both no-fault and fault-based divorces. In a no-fault case, you don’t need to prove wrongdoing. Both parties simply agree the marriage can’t be fixed. If your spouse doesn’t agree, the court may still grant the divorce after a one-year separation. Fault-based divorce, on the other hand, requires claims like adultery, abandonment, or abuse—and proof to back them up.
Here’s a basic outline of how to start a divorce in Allentown, Pennsylvania:
- File a divorce complaint with the Lehigh County courthouse
- Execute proper service of the complaint upon your spouse
- File proof of service with the court, then wait 90 days from the date of service to proceed
- Depending on the type of divorce, you can proceed with settlement negotiations or court hearings
- After 90 days from the date of service has passed and any outstanding issues have been resolved, complete final paperwork related to your rights for assets, debts, and support matters
- File remaining paperwork and finalize your divorce with a court order
The process sounds simple on paper, but it’s rarely that straightforward. Deadlines, contested issues, and legal language can get in the way. The Pennsylvania Courts recommend speaking with a lawyer early, especially if you have property to divide or children to think about. Even if you expect an uncontested divorce, having someone review your paperwork and timeline can prevent costly delays later.
Contested vs. Uncontested Divorce in Allentown
Not every divorce follows the same path. Some couples reach agreements quickly, while others end up in long, stressful disputes. Knowing whether your case is contested or uncontested can help set realistic expectations.
Uncontested Divorce
Both spouses agree on all key issues—property division, debts, support, and any other relevant terms. These divorces are typically faster, simpler, and less expensive. There’s no need for multiple hearings, and the process can often be handled with minimal court involvement.
Contested Divorce
The spouses can’t agree on one or more important issues. This could include how to split assets, who should stay in the home, or how much financial support should be paid. Contested divorces often take longer and may involve mediation, discovery, and court hearings to resolve disputes.
The type of divorce you’re dealing with affects not only how long the process takes, but also how stressful and expensive it can be. Even couples who begin with good intentions can find themselves at odds over details they hadn’t considered. That’s why knowing the difference between these two paths matters early on.
Dividing Property and Debt in a Pennsylvania Divorce
In Pennsylvania, the court follows equitable distribution, which means dividing marital property fairly, not necessarily equally. What’s “fair” depends on your specific situation.
What Counts as Marital Property?
Marital property includes almost anything either spouse gained during the marriage, regardless of whose name is on it. If it was earned or bought while you were legally married, it likely counts.
That can include:
- Homes or real estate
- Vehicles
- Joint bank accounts
- Retirement accounts
- Furniture and personal items
Separate property—things owned before the marriage or inherited individually—are usually off-limits. But there’s a catch: if those assets were commingled with shared money or used for joint benefit, they can lose that separate status and be considered a gift to the marriage. For example, depositing inherited money into a joint account can make it fair game in a divorce.
How the Court Decides What’s Fair
In Pennsylvania, “fair” doesn’t mean a 50/50 split. The court looks at the bigger picture before dividing property. It’s about what makes sense, not just what’s equal.
Here are some of the main factors:
- Length of the marriage — Longer marriages may lead to more balanced divisions.
- Each spouse’s income and future earning ability — Courts consider who’s more financially stable and who may need support.
- Contributions during the marriage — This includes raising kids, maintaining the household, or helping a spouse earn a degree.
- Age and health — If one person has health issues or limited income potential, that’s factored in.
Misconduct, like cheating, usually doesn’t affect how assets are split. But if one spouse wasted money on an affair or drained accounts out of spite, that can impact the outcome. The court’s goal is to avoid punishing people and instead focus on a workable, lasting outcome.
What About Debt?
Debt is divided using the same equitable approach. If it was taken on during the marriage, it’s likely shared—even if only one spouse signed for it. This includes credit cards, loans, and even tax debt.
Having an attorney can help make sure your rights are protected and that you don’t walk away with more than your share of the debt.
How Custody and Support Are Handled in Pennsylvania Divorce
Not every divorce involves children, but when it does, custody and support become part of the legal process. Even though the main issue may be the separation itself, these matters still need to be addressed clearly and fairly under Pennsylvania law.
Child Custody
Custody falls into two types: physical and legal. Physical custody decides where the child lives. Legal custody covers who makes important decisions about education, healthcare, and more. The court’s priority is the child’s best interest. In Pennsylvania there are 16 custody factors that a Judge uses in determining what is in the best interest of the child. It looks at things like the child’s bond with each parent and siblings, the home environment, history of conflict or abuse, and more.
Child Support
Support is calculated using both parents’ incomes and the number of overnights the child spends with each. Pennsylvania uses a formula to help keep things balanced. It’s designed to make sure the child’s needs are met without placing too much burden on either parent.
Spousal Support
In some cases, one spouse may be required to provide financial support to the other—either temporarily during the divorce or for a limited time afterward. This isn’t guaranteed and depends on factors like income gap, length of the marriage, and living expenses. Typically spousal support is awarded for one-third of the length of the marriage. For example, if the couple was married for fifteen years then the monthly support obligation would be made payable for a total of five years.
While divorce is the main concern, it’s important to know that custody and support can become part of the conversation—especially if children or financial imbalance are involved.
Why Do I Need a Family Law Attorney in Allentown, PA?
Divorce is both an emotional and legal process, and it comes with important decisions about property, debts, and possibly child custody. Having a divorce lawyer in Allentown, PA ensures you have someone to guide you through court requirements, protect your rights, and help you avoid costly mistakes. They help you:
- Stay organized and meet court requirements
- Know how local laws apply to your case
- Negotiate fair outcomes
- Speak on your behalf in hearings or trials
You’re not expected to know all the answers. That’s what legal help is for. Whether your divorce is simple or complicated, a local family law attorney knows how the process works in Lehigh County. They can help you make informed decisions every step of the way.
Talk to a Family Law Attorney in Allentown, PA Today
If you’re considering divorce or currently working through one, you don’t have to face it alone. At Santos Law Group, PC, we know the emotional and legal challenges of ending a marriage. Our team is here to guide you through every step — from filing and negotiation to resolution.
In addition to family law, we also handle matters involving immigration, criminal defense, summary offenses, Chapter 7 bankruptcy, and estate planning. Whether you’re dealing with a personal legal issue or planning for the future, you can rely on us for clear answers and strong support.
Call Santos Law Group, PC today to speak with a family law attorney in Allentown, PA. Let’s talk about your goals and help you move forward with confidence.