DIVORCE295.COM
No
Fault Divorce Online
ATTORNEY
BRAD KURLANCHEEK
19 DARLING STREET, WILKES-BARRE PA 18702
OFF: (800) 324-9748 or (570) 825-5252; FAX: (570) 300-1864
FREQUENTLY ASKED QUESTIONS...
For information about
military addresses, out-of-country spouses, length of time of the divorce
process, and the procedures we use, please see
About Divorce295.Com and No-Fault Divorce.
MUST YOUR DIVORCE BE
FILED IN A CERTAIN COUNTY? No. It doesn't matter what county you
live in. In other words, there is no legal requirement that your divorce
must be filed in the county where you reside, or where your spouse resides.
E.g, you could live in Berks County, and your spouse may live in Monroe County,
and your divorce may be legally filed and completed in Cameron County.
MUST YOU BE SEPARATED?
No. You may live under the same roof and still file for divorce and then
be divorced as per court order.
ARE YOU A REAL ATTORNEY?
Yes. Law school at Washington and Lee University School of Law in
1989-1993. Admitted to practice law in Pennsylvania in 1994.
Master's in Law from Temple University in 2004. Been practicing law in
Wilkes-Barre, Pennsylvania since 1994. Primary Practice Areas: Consumer
Bankruptcy & No Fault Divorce. See http://www.bkylaw.net
WHY IS THE FEE ONLY
$295.00? First, that is the total fee; that is all you pay; no hidden
costs, no postage, no extra fees. Second, we do many no-fault divorces.
We have a lot of experience doing this! Since 1994. This has enabled us to
learn how to keep the costs low. Fast, smart computers and the internet
and email have surely helped as well.
MUST YOUR DIVORCE
SETTLE/INVOLVE ISSUES CONCERNING CHILDREN? No. You have basically
two options here. 1) Issues concerning children may be worked out with the
Domestic Relations Section in the county where you live, before, during, or
after divorce. In this case, you may initiate a custody action in your
local county courthouse, independent of your no fault divorce. (It is
advisable to contact a local attorney to initiate a local custody action on your
behalf, though it is not required.) 2) Or you may work issues
concerning children out on your own, with your spouse, at any time, before,
during, or after divorce; in other words, if you and your spouse do not feel the
need to involve the county in your arrangements concerning your children, no law
says you must. This is by far the less expensive and most expedient of the
two methods.
MUST MY DIVORCE HAVE A
"PROPERTY SETTLEMENT AGREEMENT," OR ANY AGREEMENT IN WRITING?
No. Unfortunately, many divorce attorneys charge their clients for
drafting and review of a thick document entitled a "Property Settlement
Agreement," or "Marital Dissolution Agreement," which, in many
cases, ends up giving the parties rights and obligations which they have anyway,
without such agreement in force or on file. Consequently, for our no fault
divorces, we do not charge you for, nor do we draft or file for you, any
Property Settlement Agreement. If you have issues concerning division of
your property, please review "PROPERTY ISSUES" immediately below.
PROPERTY ISSUES:
If you and your spouse cannot come to verbal agreement concerning who gets the
vacuum cleaner and who gets Fido, or who pays the credit cards, and who gets the
retirement account, and you feel simply must work these issues out prior to
getting a divorce, then this kind of divorce is NOT for you. On the
other hand: (1) where two spouses either own no property together and have
no debts together, or, (2) have been separated so long that property is simply
not an issue, or (3) can agree verbally who gets Fido and who pays the Visa card
but own no home or pension, and do not need a lawyer-drafted & court-filed
agreement documenting same, then a no-fault divorce is a simple and inexpensive
way for you to dissolve your marriage.
TAKE NOTE: IF YOUR SPOUSE IS EXPECTING,
OUT OF THIS DIVORCE, ALIMONY (money paid to that spouse BY YOU after you're
divorced), OR SPOUSAL SUPPORT (money paid to your spouse until you're
divorced), OR SOME PORTION OF YOUR RETIREMENT BENEFITS, THEN IT IS LIKELY THAT
THE SERVICES I OFFER ARE NOT FOR YOU.
If you
wish, you may draft a simple divorce agreement which you both sign to, setting
forth the rights and responsibilities of the parties regarding division of
property, responsibility to pay debts, etc.; however, under the procedures
described herein, I cannot vouch for such form's legality. The internet is
probably full of "sample" divorce agreements which you could copy
from. Consequently, if either of you are in doubt as to the good
intentions of the other in keeping faith with such agreement, yet do not want to
expend additional funds to hire an attorney to draft such agreement, and do not
require that such a document be filed in a court of law, then some written
agreement is better than no agreement at all.
I
must caution you, however, that if you own a home together, and wish to draft an
agreement to definitively set forth each other's rights as regards the home,
and/or if either of you have a pension that the other spouse wishes to gain
documented rights to, pursuant to divorce, and/or if you have extensive property
holdings, then you should contact a family law attorney to draft a Property
Settlement Agreement. If you own a home together, and set forth no
agreement in divorce regarding that home, you both will continue to own the home
after divorce, only as tenants in common, e.g., like partners, and not as
husband and wife. This changes your status as regards creditors, and
right of alienation, and if this is a matter of concern to you, you should
contact a family law attorney to draft a comprehensive divorce agreement.
However, should you still wish to obtain your divorce through me, I will not be
responsible for the contents of that agreement, nor will I discuss such
agreement with you, and neither will such document be filed as part of your
divorce.
Bottom
Line: If you don't want anything from your spouse and he or she doesn't
want anything from you, this kind of divorce will achieve your goal at minimal
cost and time. Otherwise, if one party wants something that the other has,
and the both of you can agree, some form of Property Settlement Agreement may be
in order: In that case you can either draft it yourselves (though I cannot
vouch for it) , or hire a local attorney to draft it for you. However, it
will not become a part of your divorce proceedings filed by me in court.
(Another solution is for the one spouse to just give the item to the other
spouse prior to the completion of the divorce, negating any need for an
agreement.) Finally, if you and your spouse CANNOT agree as to division of
property, and wish to condition your divorce on the successful resolution of
your disagreement concerning property, OR YOUR SPOUSE WANTS ALIMONY FROM YOU AND
WANTS A PORTION OF YOUR RETIREMENT BENEFITS, then this site and the services I offer
on it are definitely not for you. The divorce I offer works best for
couples who want nothing from each other except to be divorced quickly,
hassle-free, and inexpensively.