In Elk County, Pennsylvania an action for divorce begins with a Elk County Divorce Attorney preparing a Complaint in Divorce, filing it at the Elk County PA Courthouse, and serving it upon the defendant in the divorce action by certified mail. The Pennsylvania Divorce laws require that spouses come to an agreement regarding the division of the marital property and debts or that an order for equitable distribution of the marital assets and liabilities be entered by the court prior to the entry of a PA Divorce Decree. Most marital property division cases are settled with a Consent Order of Court or a written Marriage Settlement Agreement. However, when parties to a PA divorce cannot come to an agreement, the Court will conduct the Equitable Distribution process. The process begins with the Elk County Divorce Lawyers filing a formal listing of the marital property and debts and then, upon motion by either party’s Elk County Divorce Attorney and payment of Master’s fees, the case will be assigned to a standing Master in Divorce.
Prior to the case being heard by a Master, a Pre-Trial Conciliation Conference will be held by the Elk County Master and will be attended by the Elk County Divorce Lawyers for both parties. The conference is an attempt by the Elk County PA Judge to mediate the differences between the divorcing Elk County spouses regarding division of marital property and alimony. If unsuccessful, the matter proceeds to a hearing before a Elk County Divorce Master whose recommendation to a Elk County Court Judge will become a Final Order unless either divorcing spouse files timely Exceptions to the Master’s recommendation. If exceptions are filed, the judge will issue a Final Order.