No-Fault Divorce in Pennsylvania

Introduction: How to Use This Book

Chapter 1: The Basics
Unilateral No-Fault Divorce
Mutual Consent No-Fault Divorce
Divorce Laws
Courts
Prothonotaries
Residency
"Common Law" Marriage
Separation
The Divorce Process
Lawyers

Chapter 2: Property
Equitable Distribution
Definition of Nonmarital Property
Equitable Distribution Considerations
When a Formal Agreement is Unnecessary
Tax Consequences
Real and Personal Property
Finality of the Property Agreement
Property Distribution Issues
Documents Needed To Begin Inventory
Inventory and Appraisment Forms
Filling in the Inventory and Appraisment Forms
Liabilities
The Inventory and Appraisment Cover Sheet
Statement of Income and Expense
Real Property
Dividing Real Property
Dividing Stock Option and Profit Sharing Plans
Retirement and Pension Plans
Social Security Benefits
Federal Pension Benefits and Military Pensions
Divorce Mediators
Composing the Property Settlement Agreement
Sample Agreement Clauses for Property Division

Chapter 3: Alimony and Child Support
Making Your Own Decisions
Factors Considered by the Court in Determining Alimony
Enforcement of Alimony
"Rehabilitative" Alimony
Child Support
Determining Child Support
Support Guidelines
Deviation From Support Guidelines
Method of Paying Child Support
Modification of Child Support
The Support Agreement
Sample Alimony and Support Agreement Clauses

Chapter 4: Child Custody
Grandparents
Child's Best Interest
Siblings
Uniform Child Custody Act
Counseling
Legal Terms
Reaching a Custody Decision
Stipulation
Some Sample Custody Clauses

Chapter 5: The Settlement Agreement
When to Write Out the Agreement
The Form of the Agreement
Sample Settlement Agreement

Chapter 6: The Complaint
Marriage Certificate; Names
Plaintiff and Defendant
Establishing Jurisdiction
Composing the Complaint
Sample Complaint in Divorce

Chapter 7: Filing For Divorce
Local Rules - A Note On Forms
Notaries
Filing Fees
Custody Filing
The Filing Process
Filing the Complaint
Notice to Defend
The Marriage Certificate
The Counseling Notice
Affidavit of Non-Military Service
Putting the Complaint in Divorce Package Together
Serving the Defendant With the Complaint
Affidavit of Consent
Praecipe to Transmit Record
The Final Decree
Retaking Prior Name
Enforcement of the Agreement
Sample Forms

Appendix A: County Courts

Appendix B: Glossary

Appendix C: Blank Forms

Index