in pennsylvania who has the right to the evidence in a divorce....the client or the attorney

by Jude Balistreri 4 min read

What is divorce in Pennsylvania?

In general, Pennsylvania is a “no-fault” divorce jurisdiction, which means that the Plaintiff (the spouse who files the court documents) does not have to prove that the Defendant (the spouse who has a copy of the filing delivered to them) was the one who cause the marriage to fall apart because of infidelity, mistreatment, desertion or any other reason, unless “fault” issues are …

Can I represent myself in a divorce case in PA?

Should you or someone you know be in need of legal representation in a divorce, do not hesitate to contact Colgan & Associates today for a no-cost, no-obligation phone consultation. Call us at (717) 790-2048. Timothy Kellogg. says: August 29, 2021 at 10:00 pm. 2 kids, 1 on the way unsure of relation to wife's statements – contested child ...

Is Pennsylvania a no-fault state for divorce?

Pennsylvania has two types of no-fault divorce. According to a courts’ Web site: 1. If both parties agree to the divorce, they can obtain a no-fault divorce. After one party files for the divorce and 90 days has passed after the complaint is served on the other spouse, each party may file an Affidavit of Consent to divorce.

What are the residency requirements for a divorce in PA?

Jan 10, 2022 · Here is a brief outline of divorce procedure to put your mind at ease. Residency requirement — You or your spouse must have lived in Pennsylvania for six months prior to the filing of the divorce. Filing the Petition — Your divorce begins when you or your spouse files a Complaint in the court of the county where one of you resides with two ...

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

Income of both parties, including medical insurance and retirement benefits. Contribution of each spouse to the marriage, including income and homemaking. Standard of living established during the marriage.Oct 18, 2021

Is there a statute of limitations on divorce settlements in Pennsylvania?

42 Pa. C.S. Section 5525(a)(8) provides that generally an action upon a contract must be commenced within four years. When parties divorce, there is often a property settlement agreement (also referred to as a marital settlement agreement) executed by the parties resolving the economic aspects of their divorce.Jun 24, 2019

Can you get a divorce without the other person signing the papers in PA?

If you are not separated (or not long enough), your spouse must sign… period. That is Pennsylvania law. Assuming that the two of you have been residing under separate roofs for every day of the last twelve months, a NO-fault divorce without your spouse's signature can happen; however, it will not be low-cost.Dec 7, 2020

Does cheating matter in divorce in Pennsylvania?

Adultery In Pennsylvania Divorce Law. Pennsylvania law recognizes adultery as a fault ground for divorce. The cheating spouse is at fault, due to his or her adulterous behavior, for the decision to divorce. When a divorce involves adultery, it can affect spousal support and alimony.

Does it matter who files for divorce first in PA?

Some may consider rushing to be the first to file, due to widespread belief that doing so will benefit them. However, what too few couples realize is that so long as both parties are Pennsylvania residents, it does not matter who files for divorce first.Nov 20, 2020

How are assets divided in 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.

How do I get a divorce if my husband refuses in PA?

There are two no-fault, or uncontested, options: Mutual Consent and Irretrievable Breakdown. Mutual Consent: In Mutual Consent Divorce, both spouses file affidavits requesting a divorce. There is a 90-day minimum waiting period, and then if they still both agree, the divorce can be finalized.Jan 18, 2019

How can I get a quick divorce in PA?

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.

How do you get legally separated in PA?

In Pennsylvania, you can be single, married, or divorced, but there is no law that allows you to be "legally separated." When couples decide to separate, however, they face many of the same legal issues divorcing couples do, including how to divide property, cover expenses, and ensure the children continue to spend ...

Is dating during separation adultery 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.Sep 17, 2018

Does adultery affect divorce in Pennsylvania?

Although you can file for no-fault divorce in Pennsylvania, adultery is still a ground for a fault divorce. In a no-fault divorce, neither spouse is required to prove that the other spouse did something wrong. In Pennsylvania, one or both parties must simply show that the marriage is irretrievably broken.Mar 17, 2020

Can you sue for infidelity in Pennsylvania?

While you can no longer sue your spouse's mistress, Pennsylvania still permits fault-based divorce, and adultery is one of the grounds for divorce. Additionally, when awarding alimony, Pennsylvania courts consider a variety of factors, one of which is “marital misconduct” which arguably includes extramarital affairs.Nov 10, 2014

What are the grounds for divorce in Pennsylvania?

Grounds for divorce in Pennsylvania Include: adultery, abandonment for at least one year, bigamy, excessive cruelty (abuse), felony conviction, imprisonment for at least two years, institutionalization for insanity or a serious mental disorder for at least 18 months with no prospect of discharge, or irreconcilable differences.

How long does it take to get divorce in Pennsylvania?

To obtain a divorce in Pennsylvania, at least one of the parties must have resided in the state for six months before divorce procedures begin. Spouses may agree to a mutual divorce, or may present a fault divorce to the court. The length of the divorce process depends upon many factors.

Can a married couple divorce in Pennsylvania?

Divorce In The State Of Pennsylvania. When a married couple residing in Pennsylvania wishes to legally divorce, it’s important to understand the unique aspects of the law that may differ from state to state. These nu ances are significant and can impact the outcome of your divorce.

What is marital misconduct?

Marital misconduct includes adultery, abuse and drug addiction. Additionally, you should be aware that divorce differs state-by-state in any of the following areas, so you should learn the most current laws governing these: And more….

What is a petition for divorce?

The divorce process begins with a petition (or complaint) which is a legal document that says why the spouse wants a divorce and how he or she wants to settle finances, custody, and other issues.

What are the two types of divorce in Pennsylvania?

Divorce is the ending of a marriage ordered by a court., In Pennsylvania there are two types of divorce: fault and no-fault. The fault grounds for divorce in Pennsylvania are:#N#1. Willful and malicious desertion and absence from the marital home, without a reasonable cause, for the period of one (1) or more years.#N#2. Adultery#N#3. Extreme cruelty, including any physical or mental cruelty that endangers your safety or health, or which makes continued living together improper or unreasonable.#N#4. Knowingly entering a bigamous marriage while a former marriage is still existing.#N#5. Sentenced to imprisonment for a term of two (2) years upon conviction of having committed a crime.#N#6. Imposed such indignities on the innocent spouse as to render that spouse's condition intolerable and life burdensome.#N#7.Insanity or serious mental disorder which has resulted in confinement in a mental institution for at least eighteen (18) months immediately before the filing of the complaint, and where there is no reasonably prospect that the spouse will be discharged from inpatient care during the 18 months subsequent to the commencement of the action.

How long does it take to get your spouse insane?

Your spouse must be judged permanently and incurably insane and be confined in an institution or a hospital for a minimum of 18 months before filing , and there must be no reasonable prospect that the spouse will be discharged from the institution during the 18 months subsequent to the filing of the action.#N#back to top

What happens when your spouse packs books and toothpaste?

When your spouse packs bags, books, and toothpaste, walks out the door, moves into another apartment, and stays there, he or she is guilty of actual desertion. The spouse voluntarily leaves and has no plans to return except perhaps to pick up a forgotten belonging.

Can a sworn complaint prove residency?

Your residency is substantiated by your sworn complaint. The testimony is all that most courts require to verify residency. But cases have been dismissed and even overturned because of improper proof of residency.#N#back to top

Can a divorce be heard in Pennsylvania?

A court may take on a divorce proceeding even if your spouse is not a resident of Pennsylvania. If you or your spouse move to another state after the divorce has been filed, you may still have your case heard in Pennsylvania.

Does adultery affect alimony in Pennsylvania?

In Pennsylvania, adultery may impact custody if the adultery is proven to have harmed or impaired the children. Adultery does not necessarily affect alimony awards in Pennsylvania. It will, however, be a factor for consideration in awarding alimony.

Can you sue your spouse for adultery?

Generally, if you knew your spouse committed adultery but continued to live and cohabit with your spouse, then adultery cannot be used as a ground. Once you resume marital relations, after you learned of the adulterous act, the courts feel that you have forgiven, or "condoned," the act. But, if your spouse starts having affairs again, you can then sue on grounds of adultery. Or, if your spouse has had several affairs and you knew of and condoned only one, you may file on adultery regarding the newly discovered affairs.#N#In Pennsylvania, however, condonation does not necessarily bar the action for divorce; it now only a "factor for consideration."

Meeting PA Residency Requirements

First and foremost, you should make sure that you meet the PA residency requirements so you know whether you have the right to file for divorce in our state.

What You Need to Know about Filing for Divorce

Your next step will be determining what your grounds are for pursuing a divorce. You can choose to file on no-fault grounds or fault grounds. A no-fault divorce means that neither party has accepted fault for the demise of the marriage. This type of divorce often moves through the court system much more quickly than a fault divorce.

Work with a PA Divorce Attorney

The divorce process can become complicated, challenging, and downright messy. When you want to ensure that your divorce is settled as smoothly as possible, speak with a PA divorce attorney at Lisa Marie Vari & Associates, P.C., as soon as possible.

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…
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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 …
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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…
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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…
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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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