Divorce is an emotionally charged event with financial implications. We're here to offer some insight into the divorce process and answer some of our client’s most frequently asked questions. Our answers do not constitute legal advice, nor do they create an attorney-client relationship. This is simply meant to be a high-level overview of the divorce process to help you decide whether or not you want to proceed with a divorce. We suggest you talk to a divorce lawyer for more insight and legal counsel. If you're considering a divorce in PA, it’s important to understand the process and its impact.
You can gain more in-depth insight by reading our Essential Guide to Divorce in PA.
Types of Divorce in Pennsylvania
Let's start with the fact that Pennsylvania has two types of divorce: no-fault and fault-based. You can obtain a mutual consent no-fault divorce when both parties agree to end the marriage without blaming each other. Fault-based divorce, on the other hand, requires proving marital misconduct or abandonment.
Now, let's answer some of the most common questions our divorce lawyers hear.
What are the Grounds for Divorce in PA?
A fault-based divorce case requires a hearing and a formal finding by the court. Some grounds for fault-based divorce include:
- Adultery
- Desertion
- Conviction
- Insanity
- Inhuman treatment
- A prison sentence of two or more years
Legal Insight: Courts may grant a divorce if you prove the marriage is irretrievably broken. You must file an affidavit presenting that you have lived separate and apart for at least one year.
What Is the Difference Between Legal Separation and Divorce?
Legal separation is a status in which a married couple lives apart but remains legally married. Divorce, on the other hand, ends the marriage entirely. Pennsylvania has no formal legal separation process, but couples can separate informally by living apart. When one spouse moves out of the marital residence or files for divorce, the courts will consider the parties to be separated.
Legal Insight: Pennsylvania does not have a legal separation process. However, separating couples can still address issues like custody, support, and property division through agreements.
Who Pays for Divorce in Pennsylvania?
The parties involved typically pay the costs of divorce in Pennsylvania. This includes divorce lawyer fees, court fees, and other expenses related to the divorce process.
Legal Insight: Courts can require one spouse to pay for the other’s attorney fees. A judge considers the amount of fees and the income gap. They also consider whether each party acts in good faith. However, it is very rare to be awarded attorney’s fees in a divorce case, so you should prepare to pay your own fees.
How Do I File for Divorce in Pennsylvania?
To initiate a divorce, you must file a divorce complaint with the appropriate court. The process involves completing the necessary divorce papers, serving the complaint to your spouse, and adhering to legal timelines.
Legal Insight: Pennsylvania has specific residency requirements you must meet before filing in the state. One or both spouses must reside in the Commonwealth for six months prior to filing for divorce.
How Long Does Divorce Take in Pennsylvania?
In Pennsylvania, the timeline for divorce varies based on several factors. Generally, an uncontested divorce, where both parties agree to divorce and there are very few assets or debts to divide, can take about 4-6 months. However, divorce on fault grounds or a divorce with significant assets and debts involved can take significantly longer, often extending beyond a year.
Legal Insight: The fastest possible divorce could be initiated and completed in 90 days, but this usually only occurs if the parties were married for a short period of time, both agree to the divorce, and have very few assets or debts.
How Do I Prove Fault for Divorce in PA?
You must provide evidence of specific grounds to obtain a fault-based divorce in Pennsylvania. Grounds include adultery, cruelty, or abandonment. You will need witnesses or other forms of proof supporting the grounds.
Legal Insight: Fault-based divorces can be more contentious and time-consuming than no-fault divorces, and may or may not have a financial benefit as compared to a no-fault divorce. If you have questions about whether or not you should consider filing for a fault-based divorce, contact a divorce lawyer.
Can I Avoid Court with a Divorce?
Yes, Pennsylvania offers alternative dispute resolution methods. They include mediation and arbitration, which can help couples resolve their issues without going to court. In addition to divorce lawyers, our firm has certified family law ADR specialists who can help you with the process.
Legal Insight: Commonwealth courts can prefer ADR processes for their efficiency and reduced conflict compared to traditional litigation. ADR may also be less expensive than litigation.
How Do Pennsylvania Courts Divide Property?
Pennsylvania courts use the principle of equitable distribution to divide marital property. As a result, they divide assets and debts fairly, considering various factors, but not necessarily equally.
Legal Insight: The date of separation determines what is in and out of the marital pot. In general, courts will look at what was acquired by both parties between the date of marriage and the date of separation.
Is Alimony Mandatory in Pennsylvania?
Alimony in Pennsylvania is not mandatory or guaranteed. Instead, courts award it at their discretion. Factors include:
- Marriage duration
- Financial needs of the recipient spouse
- Paying spouse's ability to pay
A divorce lawyer can help you establish grounds for spousal support or alimony.
Legal Insight: Courts determine the length of alimony payments. They may be temporary or long-term, depending on the circumstances.
What Is Collaborative Divorce in Pennsylvania?
Collaborative divorce is an alternative to traditional litigation, where both parties work together to settle. In Pennsylvania, it can provide a more amicable and cost-effective divorce process.
Legal Insight: Collaborative divorce is gaining popularity in Pennsylvania. It allows couples to have more control over the outcome. It also avoids the often combative nature of court proceedings.
How Might Divorce Affect My Children?
In Pennsylvania, the court focuses on the child's best interests when making custody and visitation decisions.
Legal Insight: Pennsylvania courts encourage shared custody arrangements. They emphasize the importance of both parents maintaining a relationship with their children. A divorce lawyer can direct you to resources such as co-parenting counseling that can help with the transition from spouses to co-parents.
How Is Child Support Calculated in Pennsylvania?
Courts base child support on the reasonable needs of the child. In addition, it considers the ability of parents to pay. It reviews both parent's monthly income and the number of children. The custody arrangement determines who receives support and who pays support.
Legal Insight: Pennsylvania's child support guidelines use income share models. As a result, they consider both parents' incomes when determining child support.
How Will Divorce Affect My Business?
Business assets are subject to equitable distribution in Pennsylvania. Valuing and dividing business assets can be complicated and may need financial experts or qualified divorce lawyers.
Legal Insight: If you formed your business during the marriage, it's marital property. This is true even if your spouse doesn't own any portion of your business. So, your spouse shares an ownership interest and has a claim against your company.
Can I Date During a Divorce?
Yes. Dating during divorce is not illegal in Pennsylvania. However, it can have legal and emotional implications. It may impact your divorce proceedings negatively.
Legal Insight: Adultery can be a factor in divorce settlements in Pennsylvania, potentially affecting property distribution and alimony awards.
Do I Need to hire a Divorce Attorney?
No. You can file for divorce in Pennsylvania without legal representation. However, you may want to consider hiring an attorney for several reasons:
- Familiarity with divorce laws in Pennsylvania and divorce courts in specific counties like Montgomery, Bucks, Chester, and Delaware.
- Protecting your rights
- Accurate completion of divorce forms
- Ability to negotiate a better settlement and spousal support
Call us if you need to hire a Pennsylvania divorce lawyer. We know how emotionally trying this time can be. So, we focus on you and your well-being first.
Caitlin Foley’s dedication to family law and domestic litigation has earned her an empathetic and supportive reputation in the field. Caitlin focuses her family practice on divorce, custody, support, adoption, and mediation. She is also a certified mediator with the American Council of Mediators.
The information above is general: we recommend you consult an attorney regarding your circumstances. The content of this information should not be considered legal advice or a substitute for legal representation.