Divorce is the legal recognition that a marriage has ended. Filing for divorce in Pennsylvania can be a lengthy and emotional process. However, learning the basics of filing for divorce in Pennsylvania can help you prepare and make a divorce go as smoothly as possible.
Who can file for divorce in Pennsylvania?
Either spouse can file for divorce in Pennsylvania. The spouse that files the divorce petition is referred to as the plaintiff and the other spouse is the defendant. To file for divorce in Pennsylvania, you or your spouse must have lived in Pennsylvania for at least six months prior to filing the divorce petition. In addition, you must file the divorce petition in the county where you or your spouse currently lives.
Must we be separated first?
No, Pennsylvania has no statute for legal separation and does not require that the spouses separate before filing for divorce.
How much does it cost?
As of 2011, the filing fee is $278. You must include the filing fee when you file the divorce petition. In addition, you will need to hire an attorney to help you with your divorce. Legal fees can be costly depending on the complexity of your divorce, and you can expect to spend $1,000 to $3,000.
How long will it take?
Every divorce is different and how long it will take for your divorce to become final depends on a number of factors. For example, if you and your spouse agree about the material terms of your divorce, your divorce can become final in as short as four months. However, if there is a lot of disagreement about important issues like property division and child custody, expect your divorce to take a lot longer to become final. In addition, Pennsylvania requires the court to wait a minimum of 90 days from the date the divorce petition was filed to enter the divorce decree.
Do I need grounds for divorce in Pennsylvania?
Since 1980, Pennsylvania is a no-fault divorce state, meaning that either spouse does not need to establish grounds to justify the divorce. When you file the divorce petition, you will state that the divorce is a result of either mutual consent or the irretrievable breakdown of the marriage.
Is it better if I have grounds for divorce?
In Pennsylvania, courts no longer consider or pursue claims by one spouse that another spouse is more to blame for the failure of the marriage. Therefore, it is no longer necessary to have grounds and provide evidence to the court that one party is more culpable for the failure of the marriage than the other spouse.
What are they?
Stating that the reason for the divorce is either mutual consent or the irretrievable breakdown of the marriage is sufficient when filing for divorce in Pennsylvania.
Can I get temporary support during the divorce?
You may be eligible for temporary support, or spousal support, during the divorce proceeding. In deciding whether to grant spousal support, courts consider the respective incomes of both spouses. In most cases, the spouse with the higher income will be ordered to provide spousal support while the parties work out the details of their divorce. However, a spousal support award terminates when the divorce becomes final. Courts have the authority to terminate spousal support earlier if necessary.
How is marital property handled in divorce in Pennsylvania?
Pennsylvania is an equitable distribution state. Equitable distribution does not mean that the spouses each receive an equal share of the marital property, but equitable distribution means the court will divide marital property based on what the court believes to be fair. The court considers many factors in dividing marital property including the length of the marriage, the source of income for both spouses, and the vocational skills and employability of both spouses.
How are retirement assets divided?
Retirements assets are marital property in Pennsylvania. Therefore, retirement benefits will be considered in addition to all marital property when dividing marital property according to equitable distribution. The court has the authority to have the retirement benefits valued by a pension service to help determine their future value.
What are the child support guidelines in Pennsylvania?
Pennsylvania, like many states, bases child support orders on the Income Shares Model for calculating child support. The Income Shares Model compares each parent’s income to reach a monthly award. In addition, reasonable needs of the child will be considered by the court in calculating monthly child support.
What about spousal support or alimony?
If the court finds that alimony is necessary, a court may award alimony to either spouse after a divorce is final. The court considers many factors in awarding alimony to a spouse including the earning capacity of both spouses, the sources of income for both spouses and the duration of the marriage. If the court awards alimony to a spouse, the court must determine the duration of the alimony and whether alimony will continue for an indefinite or definite period. In addition, the court must include a statement of reasons setting forth the reason for its denial or award of alimony.
Can we reach a marital settlement agreement out of court?
Yes, Pennsylvania courts recognize and encourage spouses to create a marital settlement agreement. The court must approve the agreement for it to become effective; however, a court will usually approve an agreement if both parties agree. The marital settlement agreement must be fair to both parties and entered into without the use of coercion or fraud. The court has the authority to ask to review any financial affidavits included as part of the agreement.
What happens if we can't agree on settlement terms?
Agreeing on the terms of a divorce can be very difficult. If you and your spouse cannot agree on settlement terms, the court will decide the terms of your divorce for you. In addition, the court may recommend that you and your spouse attend a mediation session to try to work out major issues of your divorce.
Getting Legal Help
Filing for divorce is a complicated legal process and most divorce proceedings require at least some level of assistance from an attorney. If you are considering filing for divorce, contact an experienced family law attorney in Pennsylvania as soon as possible.
