Understanding Divorce in Pennsylvania: What You Need to Know

Divorce can be a difficult and emotional process, and navigating the legal landscape in Pennsylvania may feel overwhelming. Whether you and your spouse have mutually agreed to separate or if there are disagreements that need to be resolved in court, understanding the basic laws and procedures related to divorce in Pennsylvania can make the process easier to manage.

Grounds for Divorce in Pennsylvania

Pennsylvania allows for both no-fault and fault-based divorce. Here’s what you need to know about each:

1. No-Fault Divorce: In Pennsylvania, no-fault divorce is the most common route. Under the no-fault provision, one spouse must declare that the marriage is irretrievably broken, meaning there is no hope for reconciliation. There are two ways this can happen:

   • Mutual Consent Divorce: Both spouses agree that the marriage is over and sign a consent form, which can expedite the process.

   • Separation: If one spouse believes the marriage is irretrievably broken and the couple has lived separately for at least one year, the divorce can proceed.

2. Fault-Based Divorce: Pennsylvania also recognizes fault-based grounds for divorce, which can include:

   • Adultery

   • Abuse

   • Desertion

   • Imprisonment for more than two years

   • Bigamy

While fault-based divorces are still an option, they are less common due to the availability of no-fault divorce, which tends to be less contentious and quicker.

The Divorce Process in Pennsylvania

The divorce process in Pennsylvania can be broken down into several key steps:

1. Filing the Divorce Complaint: One spouse must file a Divorce Complaint with the county court where either spouse resides. The filing spouse is called the "plaintiff," and the other spouse is the "defendant."

2. Serving the Divorce Papers: After the Complaint is filed, the other spouse must be officially served with the divorce papers. The spouse receiving the papers (the defendant) must take prompt action in responding to divorce complaint.

3. Waiting Period: If both parties agree to the divorce and have been separated for at least a year, they can file for a mutual consent divorce. If there is no agreement or if the divorce is contested, the court will schedule hearings to resolve any disputes.

4. Division of Property and Assets: Pennsylvania is an equitable distribution state, meaning that marital property will be divided fairly, though not necessarily equally. Factors such as the length of the marriage, the contributions of each spouse, and the economic circumstances of each spouse are considered.

5. Child Custody and Support: If there are children involved, custody and support will be determined based on the best interests of the children. Pennsylvania courts prioritize shared parenting, but the specifics will depend on the circumstances of each family.

6. Finalization: Once all issues related to property division, custody, and support are resolved, the court will issue a final decree of divorce. This legally ends the marriage.

Important Considerations in a Pennsylvania Divorce

• Spousal Support: In certain circumstances, one spouse may be entitled to spousal support or alimony. Factors such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage are considered when determining support.

• Child Support: Pennsylvania has a formula for calculating child support based on both parents’ incomes and the number of children. Child support is typically paid until the child reaches 18 or graduates from high school (whichever is later), though there are exceptions in cases of disability.

• Mediation: If you and your spouse cannot agree on certain issues, mediation may be a helpful option. A neutral third-party mediator can help facilitate discussions and work towards a resolution without the need for court intervention.

Seek Legal Assistance

Divorce is a significant life event, and understanding your legal rights and obligations is crucial. Working with an experienced divorce attorney can help you navigate the process more smoothly, whether you're looking for a mutual consent divorce or need help resolving contested issues.

If you or someone you know is considering a divorce in Pennsylvania, reach out to Randall McCormick, Esq. who can explain the nuances of the law and guide you through every step of the process.