Before filing for divorce, you should educate yourself about the basic Pennsylvania divorce laws. A womens guide to divorce laws can be found in the Pennsylvania divorce statutes and local court rules. There are also numerous on line publications and books on divorce that can be found at the local library or bookstore that include sample forms, state resources and other helpful information. Since Pennsylvania divorce laws are complicated, you should consult with a Pennsylvania divorce attorney.
General Information
You can use your women’s guide to divorce to find basic information on residency requirements, grounds for divorce, child custody, visitation and support issues, spousal support and property division. In order to file for divorce, either you or your spouse must be a resident of the state for at least six months prior to filing and a resident of the county where you file the divorce papers.
Grounds for no-fault include:
- Irretrievable breakdown of the marriage and spouses living separate and apart without cohabitation for two years.
- Irretrievable breakdown of the marriage and both spouses have filed affidavits stating that they consent to the divorce. 90 days have elapsed from the date of filing.
Fault grounds include:
- Adultery
- Bigamy
- Imprisonment for two or more years
- Confinement for incurable insanity for 18 months
- Willful desertion for one year
- Cruel and inhuman treatment endangering the life of the spouse
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Personal indignities
Dividing Up Property in Pennsylvania
Pennsylvania is an equitable distribution state. Couples are free to divide their property without the court’s assistance. If they cannot decide, then the court will divide marital assets and debts based upon what is equitable, fair and just and not on an equal basis.
Spousal Support
The court will award temporary, short term or permanent spousal support or alimony when necessary. In making their determination, the court looks at the following:
- Financial resources of the parties
- Whether the spouse seeking support can meet their financial needs independently
- Education and employment skills of both spouses;
- Age of the parties
- Length of the marriage
- Health conditions of the parties
- Contribution of one spouse to the education, training, or earnings of the other spouse
- Marital misconduct of the spouse seeking alimony
- Tax consequences
Child Support, Custody and Visitation in Pennsylvania
In Pennsylvania, child support and child custody are separate issues. The court determines custody based upon what is in the best interests of the child. In making a determination, the court will look at the following criteria:
- Wishes of the child
- Where the parents reside in relation to each other
- The emotional and physical health of each parent
- Any history of child abuse
- If a parent has an alcohol or drug abuse problem
- Any criminal convictions of a parent
Shared custody will be awarded upon application of one or both parents or when the court orders it. The guidelines used by the court for child support take into consideration the net incomes of the parents. Each parent is required to contribute a share of the child’s reasonable needs in proportion to their net income. The non-custodial parent’s share is made through support payments to the custodial parent.
Visitation schedules vary. The court prefers that the parents work out the schedules between them. However, if they cannot, the court will determine the visitation schedule. Schedules may vary, but typically they are as follows:
- Every other weekend including three day holiday weekends
- Summer vacations divided with non-custodial parent
- Alternating holidays
- Mother’s day with mother and father’s day with father
- Alternating child’s birthday
Hire an Attorney
Pennsylvania divorce issues are complex. You should hire a Pennsylvania attorney to represent you. The attorney can explain the laws to you and your rights and legal obligations. The attorney can prepare the necessary documents and represent you in court.
