In Pennsylvania the court has the power to order one spouse to pay for the other’s attorney fees. The judge will consider factors such as the income gap between the parties and whether both are acting in good faith. How much does an uncontested divorce cost in PA?
Full Answer
What are the divorce laws in the state of Pennsylvania?
· In a Pennsylvania divorce, the court divides marital property on an equitable basis. However, this does not necessarily mean that the court will evenly split property between the two spouses. Rather, the judge presiding over the case will split up the property in a way that he or she deems fair. The judge may consider the following factors when dividing property in a divorce in …
Is PA a no-fault state for divorce?
Pennsylvania has enacted residency requirements for couples seeking divorce. Specifically, one or both spouses must have lived in Pennsylvania for at least six months before filing for divorce. Additionally, any divorce paperwork must be filed in the Pennsylvania county where one or both spouses reside. However, if the non-filing spouse lives ...
Can a divorce be trifurcated in Pennsylvania?
Although a non-attorney could theoretically handle their own divorce, it is usually best to let a licensed professional handle the matter. Domestic litigation and Pennsylvania divorce laws are rife with legal nuances that, if unknown or not understood, could put a non-attorney at a disadvantage when handling their own case.
What is an uncontested divorce in Pennsylvania?
It can help to have the assistance of an experienced divorce attorney. To file for divorce in Pennsylvania, one or both of the spouses must have lived in the state for at least six months and file in the county in which he or she resides. The state permits divorce on both no-fault and at-fault grounds. No-fault grounds mean one of three things:
What is a wife entitled to in a divorce in PA?
In a Pennsylvania divorce, the court divides marital property on an equitable basis. However, this does not necessarily mean that the court will evenly split property between the two spouses. Rather, the judge presiding over the case will split up the property in a way that he or she deems fair.
Does it matter who files for divorce first in Pennsylvania?
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.
Who gets house in divorce in PA?
Generally there are two options when it comes to dealing with the house in a divorce: The house is sold and the parties split the proceeds or the house is retained by one party and the value of the house is attributed to the party retaining it for the purpose of effectuating an equitable distribution.
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.
How long can a spouse drag out a divorce in PA?
Pennsylvania's divorce code was reformed in 1980 to add no-fault divorce, which allows one spouse to obtain divorce without the other's consent. The no-fault waiting period, intended to give couples time to reconcile, was three years.
What is considered marital property in PA?
Generally speaking, “marital property” in Pennsylvania includes all assets acquired by either spouse during the marriage which includes anytime between the date of the marriage and the date of separation.
Does wife have rights to property after divorce?
Unless the court has legally declared a couple as 'divorced', the wife is considered to be the husband's legal spouse. As a result, till the time the divorce is officialised the wife has the right to her husband's property and so do their children.
How is a house divided in a divorce in PA?
In Pennsylvania, only the marital property will be divided. The court presumes that any property you acquire during marriage is marital property, regardless of what title says. If you want to keep an asset out of the division, then you will have to show the court why it should be characterized as non-marital property.
Can my wife get my retirement if we divorce?
If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.
What is the average cost of divorce in Pennsylvania?
approximately $14,300The average cost of divorce in Pennsylvania state is approximately $14,300. The expenses can reach $21,500 if there are children or property involved. The average filing fees in Pennsylvania are $350.
Is alimony mandatory in PA?
No, there is no entitlement to alimony in Pennsylvania. Instead, it's purely discretionary with the court, and based on 17 factors listed in Section 3701 of the PA Divorce Code.
Can you divorce without splitting assets?
There are no rigid rules dealing with the division of assets on divorce and the law has to be flexible to apply to each case. The Court has a wide discretion. There will not necessarily be a 50/50 split of the assets in every case and an equal division of assets may be appropriate in some cases but not others.
Is There A Residency Requirement For Divorce in Pennsylvania?
Yes. One or both spouses must have lived in Pennsylvania for at least six months before filing for divorce. And, the spouse that files for divorce...
What Are The Grounds For Divorce in Pennsylvania?
When filing for divorce, you must identify the reasons you want to end your marriage, or the grounds for your divorce. Pennsylvania allows couples...
Does Fault Impact The Divorce?
Pennsylvania courts divide property “equitably” (fairly) without regard to marital misconduct or any of the fault factors listed above. Instead, co...
How Long Does It Take to Get A Divorce in Pennsylvania?
If you file for a no-fault divorce, and both spouses consent to the divorce and file affidavits (written declarations) showing their consent, there...
Does Pennsylvania grant divorces based on marital fault?
Yes, Pennsylvania divorce laws allow divorces based on marital fault.
What qualifies for a no-fault divorce in PA?
A divorce based on no-fault grounds must assert that the marriage is irretrievably broken. In this case, neither party is guilty of any severe mari...
What is a fault divorce in Pennsylvania?
A divorce on fault grounds requires that the plaintiff prove that he or she is the innocent and injured spouse and that the other spouse is guilty...
How long do you have to be separated in PA to get a divorce?
Fault-based divorces do not have time constraints, as they are based on more extreme situations and call for a special hearing. No-fault divorces r...
What is a divorce in PA going to cost me? Can I afford it?
It depends. The cost of divorce is entirely case specific. If the parties have many assets and debts to evaluate for distribution, it can be a fair...
Who pays for a divorce in PA?
Pennsylvania courts can order one spouse to pay all legal fees for the divorce if the situation requires it. Factors such as difference in income a...
Do I really need to hire an attorney for my PA divorce?
Although a non-attorney could theoretically handle their own divorce, it is usually best to let a licensed professional handle the matter. Domestic...
Can I get maintenance or will I have to provide maintenance to my spouse?
In Pennsylvania, maintenance is available to the financially dependent spouse at different stages of the divorce proceedings. Prior to the divorce...
Is alimony mandatory in PA?
No, alimony is not mandatory in all divorces in PA. Alimony is determined by the court on a case by case basis and a spouse must meet a number of r...
What are the issues that come up during a divorce in Pennsylvania?
Here are some of the important legal questions and major issues you should know about that come up during a divorce in Pennsylvania: Property Issues . Alimony and Child Support.
What are the factors that determine property in a divorce in Pennsylvania?
By law, according to Pennsylvania Consolidated Statutes, when awarding property in a divorce a court must consider the following factors: the length of the marriage; any prior marriage of either party; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties;
What happens if a spouse refuses to pay a divorce debt?
However, if a spouse can’t make payments or refuses to pay, the nonpayment of the debt will affect both spouse’s credit scores.
Who is responsible for debt in Pennsylvania?
In Pennsylvania, any debts acquired during a marriage are the responsibility of both parties, even if it is only one party that was responsible for accruing the debt.
What is the definition of marital property?
the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker. the value of the property set apart to each party. the standard of living of the parties established during the marriage.
What is the contribution by one party to the education, training, or increased earning power of the other party?
the contribution by one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including , but not limited to, medical, retirement, insurance or other benefits;
Is Pennsylvania a fault based state?
Pennsylvania is both a no-fault and a fault-based state. A couple can simply cite that a marriage is irretrievably broken, or a spouse can also cite one of several at-fault reasons as well, such as cruelty, adultery, or a spouse’s incarceration, among others.
What is fault based divorce in Pennsylvania?
The innocent spouse must prove that the other spouse caused the divorce. Pennsylvania recognizes several fault-based divorce grounds, including: adultery.
What does it mean when you are separated in Pennsylvania?
Pennsylvania law defines the date of separation as the "cessation of cohabitation, whether living in the same residence or not.". This basically means when you and your spouse decide to no longer continue being a romantic couple, even if you have to continue living in the same house due to financial or other reasons.
What is the punishment for a spouse who is married without divorcing their first spouse?
extreme cruelty, including domestic violence. bigamy (your spouse married you without divorcing his or her first spouse), and. felony conviction resulting in imprisonment for two or more years. Fault-based divorces are usually more expensive and time-consuming that no-fault ones.
What is a no fault divorce?
No-Fault Divorces. A no-fault divorce is based on a couple's "irreconcilable differences" or an "irretrievable breakdown of the marriage. In simple terms, this means that you and your spouse can't get along and your marriage has no hope of being repaired.
Can a non-filing spouse file divorce in a different county?
However, if the non-filing spouse lives in a different county than where the couple lived together while married, the divorce can also be filed in one of the following counties: county where the couple resided while married, if the filing spouse has lived there continuously since the separation.
What county does the filing spouse live in?
county where the couple resided while married, if the filing spouse has lived there continuously since the separation
Is property division based on marital misconduct?
Property Division Isn't Based on Marital Misconduct. Pennsylvania courts divide property "equitably," or fairly, without regard to marital misconduct or any of the fault factors listed above. Instead, courts look at many other factors when deciding how to divide property, including: the length of the marriage.
What are the two types of divorce in Pennsylvania?
In Pennsylvania, divorce is divided into two categories: “fault” and “no fault.” A divorce on fault grounds requires that the plaintiff prove that he or she is the innocent and injured spouse and that the other spouse is guilty of one of six categories of marital misconduct: adultery, desertion, cruel and barbarous treatment, bigamy, imprisonment for a crime, and indignities.
How long does it take to get divorced in Pennsylvania?
It depends. In Pennsylvania, a simple, one-count divorce with no ancillary issues will still take a minimum of three months to finalize. More complex cases will obviously take even longer.
Does Pennsylvania recognize common law marriages?
The commonwealth of Pennsylvania does not recognize “common law” marriages entered into after Jan. 2, 2005.
Is Pennsylvania trifurcated?
No. In Pennsylvania these issues are trifurcated and may be dealt with at different times.
Can you get an annulment in Pennsylvania?
Can I get an annulment in Pennsylvania? Yes. In Pennsylvania, annulment is the manner in which invalid marriages are terminated. A marriage is invalid, for instance, if either party was incapable of consenting to marriage by reason of insanity, or if either party was, at the time of the purported marriage, validly married to another person.
What is maintenance in Pennsylvania?
In Pennsylvania, maintenance is available to the financially dependent spouse at different stages of the divorce proceedings. Prior to the divorce being filed it is termed “spousal support.”. After filing and during divorce proceedings, support is termed “alimony pendente lite,” a Latin phrase meaning “alimony pending litigation.”.
Can a non-attorney handle divorce?
Although a non-attorney could theoretically handle their own divorce, it is usually best to let a licensed professional handle the matter. Domestic litigation and Pennsylvania divorce laws are rife with legal nuances that, if unknown or not understood, could put a non-attorney at a disadvantage when handling their own case.
Three Types of Divorce in Pennsylvania
There are three types of divorce in Pennsylvania: 1) a mutual consent divorce, 2) an unconsented divorce, and 3) a fault-based divorce. Of the three, a mutual consent divorce is the simplest and most cost-effective.
How Fault Divorces Work
Spouses can also seek fault-based divorces, specifically when the plaintiff does not want to wait the two years and they're blaming their spouse for the breakdown of the marriage.
What are the requirements for a mutual consent divorce in Pennsylvania?
You must meet the following requirements to file a mutual consent divorce in Pennsylvania: your marriage must be irretrievably broken. you and your spouse must agree to the divorce. you and your spouse must sign an affidavit consenting to the divorce, and.
How does the clerk of divorce work?
Once you file all the documents, the clerk will forward your case to the judge for review. After the judge signs the Final Decree of Divorce, the clerk's office will send you and your spouse certified copies, and your divorce will be official.
How to finalize a divorce?
Finalize the Divorce. Once you file all the documents, the clerk will forward your case to the judge for review. After the judge signs the Final Decree of Divorce, the clerk's office will send you and your spouse certified copies, and your divorce will be official. Talk to a Lawyer.
How long after filing divorce papers can you sign?
Ninety days after the date you filed the divorce papers, you may sign the Affidavit of Consent (written declaration) stating that you and your spouse agree to the divorce (23 Pa. Const. Stat. Ann § 3301 (d).). You will sign one, and you will mail one to your spouse to sign.
Do you have to pay for divorce papers?
You must also pay filing fees when you file your divorce papers. If your income is below a certain level, you may be able to file with no charge. If you think you may qualify for this, you must file a form called an In Forma Pauperis petition—which you can find at the clerk's office.
How long does it take to get divorced?
A mutual consent divorce is a faster divorce process than traditional divorce—you can get divorced in three to four months, rather than the standard two or more years. However, to take advantage of a mutual consent divorce, both spouses must agree to the divorce and sign papers stating that each is in agreement.
What is mutual consent divorce?
Divorcing couples can seek a "mutual consent divorce," meaning both spouses consent to the divorce and agree on all of their divorce-related issues. A mutual consent divorce is much easier and shorter than a traditional divorce.
What is separate property in Pennsylvania?
In Pennsylvania, separate property is property that is owned by one spouse only. This is property that was acquired or purchased before the marriage, or after the marriage if acquired by gift, bequest, or devise. Also, property that was purchased with money earned before the marriage is separate property. Whether a business and its revenue is separate property depends on where the value of the business comes from. If most of the value is in the idea of the business conceived before the marriage, the business and its revenue is more likely to be separate property. If the business's value comes from the amount of time and effort a spouse puts into the business, rather than just the idea of the business, income from the business is more likely to be marital property.
Is Pennsylvania an equitable state?
Pennsylvania is an equitable distribution state. This means that in the event of a divorce, a court will distribute the couples property in a way that it believes is fair. This does not meant that the court will divide the property exactly in half. Courts consider a number of factors when deciding how to divide a couple's property, if they do not agree to a property division themselves. Some of those factors may include:
Beginner’s Guide to Divorce Laws in Pennsylvania
Property Issues
- Marital Property and Division of Assets in Pennsylvania
Pennsylvania is an equitable division state. Unlike community property states where all marital property is divided equally, in Pennsylvania assets are divided in a fair and equitable manner, which may not be exactly 50-50. By law, according to Pennsylvania Consolidated Statutes, when … - Debts
In Pennsylvania, any debts acquired during a marriage are the responsibility of both parties, even if it is only one party that was responsible for accruing the debt. In settlement discussions, it may be possible for one spouse to take control of a larger portion of one debt in exchange for other c…
Alimony and Child Support
- Alimony in Pennsylvania
Alimony is not automatically granted in Pennsylvania. A spouse must show cause why they should receive alimony, making a factual case for a specific amount and duration. Alimony will vary from case to case based on individual situations. Pennsylvania uses guidelines to begin th… - Child Support in Pennsylvania
The state uses official Pennsylvania Child Support guidelines to determine the specific amount of child support that should be awarded. These guidelines will govern the vast majority of cases, unless parents have made an alternative agreement that is approved by the courts, or that there …
Custody and Visitation
- Child Custody in Pennsylvania
The Pennsylvania court system has a strong preference in seeing parents share custody as equally as possible in a divorce case. Courts also prefer that parents come up with a suitable and mutually agreed-upon parenting plan that supports this preference. However, this plan must tak… - Substance Abuse
Pennsylvania is both a no-fault state and a fault-based state, and you only need to state that a marriage is irretrievably broken to file for divorce. However, you can also file for divorce stating reasons for the divorce. Although substance abuse is not one of the reasons that can be cited, i…
Divorce Process
- Bifurcation of marital status
Bifurcation means that both parties in a divorce can legally declared as a single person while some issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or b… - Disclosing Assets
One of the keys in a divorce is making sure that all assets are documented and accounted for by both spouses. This can be a problem if one spouse or the other attempts to hide assets. In Pennsylvania, financial disclosures are made at the beginning of a divorce proceeding. Both spo…
Other Issues
- Domestic Violence
When domestic violence is present in a marriage in Pennsylvania, any divorce actions are secondary to the immediate safety of a spouse or children who may be in immediate danger. Domestic violence can include any physical abuse, emotional abuse, stalking, or any other kind o… - Health Insurance
In support cases where health insurance is available to both a husband and wife through their employment, the court will require one of them to provide health insurance for the children. If only one spouse has health insurance then they will be required to provide the health insurance. If nei…
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