Pennsylvania State Divorce Law

Pennsylvania requires that someone filing a Complaint for Divorce in his or her county Court of Common Pleas be a resident of the state for at least 6 months.

Pennsylvania Grounds for Divorce

The grounds for divorce in Pennsylvania are both fault-based and no-fault, depending on the circumstances of the parties involved.

Uncontested Divorce in Pennsylvania

An uncontested divorce, known as a Mutual Consent Divorce in Pennsylvania, is the simplest kind of divorce action and can often be completed in 90 days. The requirements for a couple to be eligible for this process include:

• That they meet the residency requirement
• That they have no minor children or be in agreement about custody and child support
• That they must concur about all the elements of the Marital Settlement Agreement

In addition, if a partner refuses to be located or will not cooperate with a Mutual Consent Divorce but is not actively opposing it, the dissolution becomes a Standard Uncontested Divorce. The only requirement is that the couple live separate and apart for a minimum of 2 years.

Contested Divorce in Pennsylvania

The process for a contested divorce is much more difficult. It takes a great deal more time and legal expertise to allow the court to discover all the pertinent facts, schedule a hearing date with enough time for the parties to present their cases effectively, and the judge to determine custody, support, and property orders.

Annulment in Pennsylvania

Anyone who finds themselves in an illegal divorce, often without their knowledge, can have that marriage declared null and void through an annulment. The grounds for an annulment are difficult to prove, but this procedure removes the marriage as if it never happened. The grounds for annulment in Pennsylvania include:

• Bigamy
• Incest
• Mental illness
• Physical disability

No Fault Divorce in Pennsylvania

A no-fault divorce may be granted within 90 days of filing if the parties have grounds for such an action. The sole grounds for a no-fault divorce are that the marriage is irretrievably broken.

Pennsylvania Fault Divorce

If the parties desire to pursue a fault-based divorce in Pennsylvania, they must be able to prove the required grounds for such a complaint:

• Wilful desertion for a year or more
• Adultery
• Cruelty that endangers the life or health of the innocent party
• Indignities that make life intolerable for the innocent party

Pennsylvania Divorce and Child Custody

Child Custody Laws

What is in the best interests of the child is the primary concern of the courts in Pennsylvania when determining custody orders. The courts also factor in additional elements, such as

• Which parents are more likely to encourage and facilitate a loving relationship with the other spouse
• Any violent or abusive conduct by either parent

Child Alimony

Child support in Pennsylvania can be ordered for either or both parents, whatever is in the best interests of the child and the ability of the parties to pay. The other factors the courts consider include:

• The parents’ income and earning capacity
• The parents’ assets
• Any extraordinary needs or expenses of the child or the parents
• Parents in Pennsylvania use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.

Pennsylvania Divorce Spousal Support

If the situation warrants it, Pennsylvania courts will order spousal support based on the following factors:

• The parties’ income, earning capacity, and potential
• The parties’ age and health
• Any inheritance expectations
• The length of the marriage
• Any contributions from one party to the earning power of the other
• The effect being a custodial parent will have on a parent’s financial condition
• The marital standard of living
• The parties’ education and the time it would take the dependent party to gain the education and training necessary for appropriate employment
• The parties’ relative needs, assets, and liabilities
• The parties’ pre-marital property
• The homemaker’s contribution to the family
• Any evidence of marital misconduct or fault
• The tax implications
• The dependent party’s property

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court.

Temporary Spousal Support

Determined at the discretion of the court.

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Pennsylvania

Spouses in the military are protected by Pennsylvania law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From a Pennsylvania Divorce Lawyer

It can be difficult to factor in all the needs and assets of partners who have been married for years. Dividing the property does not automatically prepare either spouse to live on his or her own again. In addition, it is impossible to tell what the future will hold for them. However, divorce attorneys have dealt with these kinds of questions for hundreds, sometimes thousands, of couples. They can help those trying to sort out their needs and rights to fight for an appropriate settlement through the difficult divorce process.