Divorce FAQs

In Pennsylvania, divorces can be either fault-based or no-fault:

• No-Fault Divorce: This is the most common type, in which both spouses agree the marriage is irretrievably broken. It can be mutual consent (both parties agree) or unilateral (one party claims the marriage has been irretrievably broken for at least one year).
• Fault-Based Divorce: One spouse alleges misconduct such as adultery, abuse, abandonment, or bigamy. The accused spouse must prove these claims in court, which can make the process longer and more contentious.

Pennsylvania law requires a one-year separation before filing for a no-fault, unilateral divorce. If both spouses consent, there is no mandatory waiting period, and the divorce process can begin immediately.

Each party is generally responsible for their own attorney fees and costs. However, the court may order one spouse to pay the other’s legal fees if there is a significant financial disparity or if one spouse has acted in bad faith, causing unnecessary delays.

Many divorces are resolved outside of court through mediation, collaborative divorce, or settlement agreements. If both parties agree on property division, child custody, and support, they can submit their agreement for court approval without a trial.

It depends on whether the business was started before or during the marriage, whether it was co-owned, and whether it is considered marital property. If deemed marital property, the company may be subject to equitable distribution. Protective measures such as prenuptial or postnuptial agreements can help safeguard business assets.

While not illegal, dating during a divorce can complicate legal proceedings, mainly if there are alimony or custody disputes. A new relationship could impact custody decisions if it affects the child’s well-being or creates instability.

Pennsylvania does not formally recognize legal separation, but spouses may live separately while remaining legally married. This separation date is important for property division and no-fault divorce filings.

No, alimony is not automatically awarded in Pennsylvania. A judge may grant it if one spouse demonstrates financial need and the other is able to pay.

Factors that influence alimony include:

• Income and earning capacity of both spouses.
• Length of the marriage.
• Standard of living during the marriage.
• Health and age of both parties.
• Contributions to the other spouse’s education or career.

Alimony is typically temporary but may be long-term in cases where a spouse cannot support themselves.

The fastest way to divorce in Pennsylvania is through a mutual consent no-fault divorce under Section 3301(c) of the PA Divorce Code.

Requirements for a quick divorce:

• Both spouses must agree to divorce.
• Both must sign an affidavit of consent after a 90-day waiting period.
• No major disputes over property, support, or custody.

Based on Pennsylvania's separation requirement, if one spouse does not consent, the divorce takes at least one year.

In Pennsylvania, the marital home is subject to equitable distribution, which does not necessarily mean a 50/50 split but rather a fair division.

Factors affecting who keeps the house include:

• Who purchased the home and when?
• Who has primary custody of the children (stability for children is a priority)?
• Each spouse’s financial ability to keep the home.
• Contributions to mortgage payments and home upkeep.

One spouse may:

• Buy out the other’s share.
• Sell the home and split the proceeds.
• Be granted exclusive use for a set time, often until children reach adulthood.

Adultery can affect certain aspects of a divorce but does not automatically impact property division under PA’s no-fault divorce laws.

However, adultery may impact:

• Alimony – A cheating spouse may be denied alimony if infidelity contributed to the marital breakdown.
• Spousal support – Courts may reduce or deny payments if marital misconduct is proven.
• Emotional impact on negotiations – Infidelity can lead to more contentious proceedings.

Adultery does not affect child custody decisions unless it harms the child’s well-being.

It depends on whether the debt is marital or separate:

• Marital debt (incurred during the marriage) is divided equitably, regardless of whose name is on the account.
• Separate debt (incurred before marriage or after separation) remains the spouse's responsibility.

If one spouse recklessly spends money (wasteful dissipation), the court may assign that debt solely to them.

Yes. In Pennsylvania, retirement accounts (401(k)s, pensions, IRAs) earned during the marriage are considered marital property and subject to equitable distribution.

If your 401(k) was:

• Fully earned before marriage – It is separate property, and your spouse cannot claim it.
• Partially earned during marriage – Your spouse may receive a portion of the growth.

Courts use a Qualified Domestic Relations Order (QDRO) to divide retirement accounts without early withdrawal penalties.