how to file for separation in pa without an attorney

How fast can I get a divorce in Pennsylvania?

Yes, absolutely. In Pennsylvania, filing for divorce as a do-it-yourself process (called ‘pro se’) is a 3-step process with strict deadlines (4) …. It is possible to complete a Pennsylvania divorce without hiring a family law attorney to guide you through …

How much does it cost for a divorce in PA?

 · Technically, there is no such thing as a “legal separation” in Pennsylvania laws. Separation for legal purposes means that one spouse conveys the intent to the other that he or she no longer desires to remain married. That intent may be conveyed in a number of ways including by filing a divorce complaint, by one spouse vacating the marital residence without …

Can legally separated share the same house in PA?

 · It is not advisable for any person to complete paperwork to file a PA Divorce Complaintwithout having a detailed consultation beforehand with an attorney to discuss the ramifications of such action. There are companies and even law firms that offer low-cost paperwork for a person to file their own Divorce Complaint.

How soon can I file for a divorce in Pennsylvania?

 · In order to file for divorce in Pennsylvania, either you or your spouse must be a Pennsylvania resident for at least 6 months. You may file in the Court of Common Pleas in the county where: the defendant resides, the plaintiff resides, if the defendant is not a Pennsylvania resident, you and your spouse were domiciled while you were married,

How do you get legally separated in PA?

In Pennsylvania, there is no legal “separation”. In other words, there is no formal process or court order required to be considered “separated” in Pennsylvania.

Do you need a separation agreement in PA?

While no law in PA requires a separating couple to execute a separation agreement, it is definitely a wise idea if there are debts, children, support claims or property involved and spouses want to settle these matters in writing via a legally binding document.

How many years do you have to be separated to be legally divorced in PA?

two yearsTo obtain a no-fault divorce, you and your spouse must have been separated for two years before filing or you both must consent to the divorce. Additionally, a judge won't grant your no-fault divorce right away. Once you've filed your case, there is a 90-day waiting period before your divorce can be finalized.

Can you be separated and live in the same house in PA?

In Pennsylvania, when a couple separates it does not have to be a physical separation. In fact, spouses can be separated while still living in the same house, possibly even in the same bedroom.

Can you date while separated in PA?

Is it okay to date when you're separated? It is okay, providing you do it right. If you start seeing someone else before you and your spouse decide to divorce or before you physically separate, it is considered adultery.

What constitutes separation in a marriage?

A legal separation is a way of separating without getting a divorce or dissolution - it's also known as a 'judicial separation. It lets you and your partner make formal decisions about things like your finances and living arrangements, but you'll still be married or in a civil partnership.

What is considered separated in PA?

Under Pennsylvania law the date of separation is described as the “cessation of cohabitation, whether living in the same residence or not.” This is a somewhat vague definition, which leads to an intensive fact-based analysis when the court needs to decide this issue.

What is a wife entitled to in a divorce in PA?

A spouse is entitled to alimony only if the court decides that alimony is “necessary.” To decide whether alimony is necessary, how much should be paid, and how long it should be paid, the court must consider many factors – including but not limited to the relative income and earning capacities of the parties, the ages ...

Is PA a 50/50 divorce state?

False. While some states (most famously, California) mandate a 50/50 distribution of marital property, Pennsylvania does not. Pennsylvania is an equitable distribution state.

What should you not do during separation?

Separation & Divorce: 5 Things You Should Never DoDon't Pass On Getting Expert Legal Advice. ... Don't Rely On Advice From Friends. ... Avoid Overspending. ... Don't Publicise Your Issues on Social Media. ... Don't Lose Sight Of What's Best For Your Kids.

How is alimony determined in Pennsylvania?

The formula used in the state of Pennsylvania states that the receiving spouse must receive 40 percent of the difference between the spouses' net incomes on a monthly basis. If the couple has children, the formula is altered to 30 percent of the net income difference.

Can you get engaged if you are legally separated?

Yes, it is perfectly legal to get engaged before your divorce is final. A marriage engagement is an oral promise to marry someone. A marriage engagement does not require a license, nor does it generate the same rights and responsibilities that a marriage does. Legally, you must be divorced before you can remarry.

What does legal separation mean in PA?

Pennsylvania does not recognize legal separations. If you're “separated” from your spouse, it means the two of you are living separate and apart, whether you're living in two households or even under the same roof. Separation between married spouses can occur when: The couple mutually agrees to get a divorce.

Does it matter who files for divorce first in PA?

When Both Individuals Live in Pennsylvania. If both you and your partner currently reside within the state, there is no true advantage to filing first. Even if you file first, the case will usually be held at the Court of Common Pleas in the defendant's county, or the county where you married, by default.

Can you get legally separated?

Judicial separation allows you to legally separate without your marriage being ended. You can do this even if you have been married for less than one year. Unlike divorce, you do not have to state that your marriage has irretrievably broken down in order to separate.

What's a separation agreement?

A separation agreement is a document you make when you want to stop living together as a couple, setting out the arrangements you want to make for things like finances, children and property. You can use one whether you are married or unmarried.

Can you get divorced in Pennsylvania without fault?

To get a no-fault divorce in Pennsylvania you need to state one of the two no-fault grounds in the Complaint in Divorce.

What happens if you divorce a married couple in Pennsylvania?

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.

How long do you have to be a resident to file for divorce 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 6 months. You may file in the Court of Common Pleas in the county where: the defendant resides, the plaintiff resides, if the defendant is not a Pennsylvania resident,

How long do you have to be separated to be a plaintiff?

the plaintiff resides, if you are not separated for 6 months and the defendant agrees, or where either party resides if neither live in the county where you lived together, or. where either party resides, if you have been separated for at least 6 months.

What are the grounds for divorce in Pennsylvania?

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.

Is there a fault basis for divorce in Pennsylvania?

Pennsylvania, like most states, has what are commonly called no-fa ult grounds for divorce, and several traditional fault-based grounds. To get a no-fa ult 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 ...

What happens if there is no custody agreement?

Absent a custody agreement, the judge will decide the issue, after considering all relevant factors, including: which party is more likely to encourage contact between the child and the other party, any present or past abuse committed by a party or member of a party’s household,

Is it legal to live separately in Pennsylvania?

The answer here is really easy: No. That’s right, Pennsylvania does not recognize “legal separation”; however, it is, of course, not at all illegal, unlawful or criminal for you and your spouse to live at different addresses. So, it is quite legal in Pennsylvania to live separately, it is just not called a “legal separation”.

Is desertion a ground for divorce in Pennsylvania?

In fact, under our fault divorce law wherein desertion is a ground for divorce, Penns ylvania recognizes “constructive desertion” wherein the spouse whose actions force ...

What is the name of the document that starts the divorce process in Pennsylvania?

In Pennsylvania, the divorce process is usually started by a “complaint” document. The spouse that begins the divorce process by completing the complaint is referred to as the plaintiff and the other is referred to as the defendant.

What is the divorce process in Pennsylvania?

Requirements for Divorce in Pennsylvania. In Pennsylvania, the divorce process is usually started by a “complaint” document. The spouse that begins the divorce process by completing the complaint is referred to as the plaintiff and the other is referred to as the defendant. For a divorce in Pennsylvania, your spouse or you must have resided in ...

Is there a no fault divorce in Pennsylvania?

No-Fault Divorce. So, most couples usually opt for a “ no-fault” divorce that is by mutual consent of both spouses or by action taken by one spouse, where both spouses have lived separately for a period of 1 year. In Pennsylvania, there isn’t a concept of legal separation.

How long do you have to live separately in Pennsylvania?

So, most couples usually opt for a “no-fault” divorce that is by mutual consent of both spouses or by action taken by one spouse, where both spouses have lived separately for a period of 1 year. In Pennsylvania, there isn’t a concept of legal separation.

How much does it cost to get divorced in Pennsylvania?

While the court charges a fee of $328.98 to file your papers in Pennsylvania, hiring a lawyer to handle your divorce can cost anywhere between $4,500 – $31,000 with an attorney fees of around $11,300.

What happens if you divorce your spouse in Pennsylvania?

In the case of a Pennsylvania contested divorce, if your spouse and you are unable to come to an agreement on issues such as division of marital property, child custody and support, alimony, etc., then both your spouse and you will have to hire attorneys who will present your case before the county court.

What is an uncontested divorce in Pennsylvania?

An uncontested divorce in Pennsylvania means that there’s no dispute between your spouse and you regarding the various issues pertaining to the divorce i .e. property division, child custody and support, spousal support, alimony, etc.

Why do people file for uncontested divorce in Pennsylvania?

Most couples prefer filing for uncontested divorce in Pennsylvania mainly because: When there is a clear agreement, spouses know the outcome of the marriage dissolution – no one is making decisions for them . In PA, uncontested divorce process is easier and quicker than the alternatives.

How long does it take to get divorced in Pennsylvania?

In PA, uncontested divorce process is easier and quicker than the alternatives. It can be finalized in record time – about 3-3,5 months, and there is no need to go to a hearing. Hiring a lawyer is optional as there are other ways to deal with the paperwork and the filing process.

What happens in a no fault divorce?

In a no-fault divorce, spouses most often end their marriage based on mutual consent. This means that they reach an agreement on financial ...

How much does an uncontested divorce cost?

The average cost of uncontested divorce when both parties agree with all the aspects of the marriage dissolution is around $11,000 if spouses hire attorneys. In case you are planning to have a contested divorce, the costs can easily exceed $20,000.

How long do you have to wait to get divorced?

In case both of you agree to split and you reach an agreement on everything related to your divorce prior to initiating it, you only have to wait for 90 days. The waiting (separation) period for filing for a unilateral no-fault divorce (where one spouse wants it, the other does not) is currently 1 year.

Can a spouse end a marriage legally?

Spouses who want to end their marriage legally can request it to be done on either a fault or a no-fault basis: In a fault marriage dissolution, one of the divorcees blames the other for the breakdown of their relationships due to one of the state-approved reasons such as adultery, cruelty, abandonment for more than a year, and others.

How long do you have to be separated from your spouse?

If the period of separation from your spouse began on or after December 5, 2016, you will need to be living separate and apart from your spouse for a period of ONE YEAR, before filing your complaint in divorce.

How long does it take to file an affidavit of consent?

The Affidavit of Consent must be filed within thirty (30) days after it is signed and dated. If you do not filed the Affidavit of Consent within thirty days of the date it was signed, the Affidavit must be re-signed and re-filed.