Pennsylvania divorce law doesn’t need to be a mystery. Discover residency requirements, grounds for dissolution, and what to expect regarding property division, alimony, child support and custody.
updated November 21, 2023 · 6min read
For any married couple in Pennsylvania, divorce will sever the marital relationship, and divide assets and debts. If one party will be unable to be self-supporting after the divorce, the issue of alimony may arise. If there are minor children, the issues of child custody and support must be resolved. Same Sex Divorce. Same-sex marriage and divorce are legal in Pennsylvania.
Residency and where to file
In order to file for divorce in Pennsylvania, either you or your spouse must be a Pennsylvania resident for at least six months. You may file in the Court of Common Pleas in the county where:
Procedures
The simplest procedure is an uncontested divorce, where you and your spouse reach an agreement about all issues. You begin the procedure by filing a Complaint in Divorce, along with various supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce.
Grounds for divorce
Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Pennsylvania, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds.
To get a no-fault divorce in Pennsylvania you need to state one of the two no-fault grounds in the Complaint in Divorce. One is that “the marriage of the parties is irretrievably broken and both parties consent to a divorce.” Both parties must file affidavits consenting to divorce, and the decree cannot be entered until 90 days after filing. The other no-fault ground is that “the marriage of the parties is irretrievably broken, and the parties have lived separate and apart for a period of at least two years.” If the defendant denies this, the judge must make a finding. The judge may also continue the case for 90 to 120 days, and require marriage counseling.
The fault-based grounds are desertion for one year, adultery, cruel and barbarous treatment endangering the life or health of the other, bigamy, imprisonment for two or more years, offering such indignities as to render the other’s condition intolerable and life burdensome, and confinement to a mental institution for at least the past 18 months. In most cases, there is no reason to use these, since they add complexity by requiring proof.
Property division
A divorce involves dividing property and debts between you and your spouse. Generally, each party will keep his or her nonmarital property, which is property:
All other property is marital property. Absent an agreement, the judge will “equitably” divide the marital property, after considering all relevant factors, including:
Alimony in Pennsylvania
Absent an alimony agreement, the judge will determine the nature, amount, duration, and manner of payment of alimony after considering all relevant factors, including:
Alimony will be barred, or will terminate, if the party seeking or receiving alimony enters “into cohabitation with a person of the opposite sex who is not a member of the party’s family.”
Child custody in Pennsylvania
Child custody basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. Absent a custody agreement, the judge will decide the issue, after considering all relevant factors, including:
Child support in Pennsylvania
Child support is determined by the Pennsylvania Child Support Guidelines, found on the Public Welfare website.
If you are considering an online divorce, LegalZoom can help you get the divorce documents you need. We help you fill out the paperwork and check it for completeness and accuracy, and provide step-by-step instructions for filing and completing your divorce.
by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
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