Kara Sears
Pennsylvania has both no-fault and fault-based divorces. To initiate a divorce in Pennsylvania, one or both spouses must have lived in the state for at least six months. The plaintiff must submit a legal form called the Complaint for Divorce to their local courthouse, outlining their reasons for seeking a divorce. No-fault divorces can be obtained with mutual agreement, whereas fault-based divorces require proof of grounds such as adultery or abuse. Pennsylvania divorce laws allow for divorce based on marital fault, with the plaintiff proving they are the innocent and injured spouse.
| Characteristics | Values |
|---|---|
| Divorce types | No-fault, fault-based, uncontested, mutual consent, un-consented |
| Residency requirements | One spouse must have lived in Pennsylvania for at least six months before filing for divorce |
| Divorce complaint | Filed at Common Pleas Court, outlines reasons for divorce and specific requests |
| Costs | Court fees, attorney fees, alimony, support, marital property hearings |
| Child support and custody | Can be included in divorce case, court can decide if parents cannot agree |
| Counseling | Court can order counseling if either party requests it |
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What You'll Learn
No-fault vs. fault-based divorce
Pennsylvania allows for both no-fault and fault-based divorces to be filed. A no-fault divorce is a mutual separation where both spouses agree that the marriage has irretrievably broken down. This type of divorce requires a 90-day waiting period before the court will grant the divorce. If one spouse does not consent to the divorce, a no-fault divorce can still be granted if the spouses live separately and apart for at least one year.
No-fault divorces are generally easier and quicker to complete, typically involving minimal court hearings and basic court filings. This type of divorce does not require fault-based reasons to be proven, meaning that events do not need to be relived through court filings and hearings.
A fault divorce, on the other hand, requires proof and evidence to be submitted to the court. Fault divorces are generally harder, more expensive, and lengthier than no-fault divorces. There are several fault-based grounds for divorce recognised in Pennsylvania, including adultery, malicious desertion, cruel or barbarous treatment, bigotry, and indignities that make daily life intolerable. Fault-based grounds for divorce are taken into consideration by the court when awarding spousal support, APL or alimony, as well as when determining child custody and visitation schedules.
There are no waiting periods for fault-based divorces, unlike no-fault divorces which require a 90-day waiting period for mutual consent divorces. However, it is important to note that pursuing a fault divorce may require both spouses to relive difficult events through court filings and hearings. Therefore, even if a no-fault divorce sounds like the easier option, a fault-based divorce may be the better route depending on individual circumstances.
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Residency requirements
To initiate divorce proceedings in Pennsylvania, specific residency requirements must be met. These requirements are mandatory and apply to both parties involved in the divorce. The only exception to this rule is for individuals with a military home address within Pennsylvania's jurisdiction, who may still apply under these laws even if they are stationed elsewhere.
To file for divorce in Pennsylvania, at least one spouse must have been a resident of the state for at least six months before filing. The divorce must be filed in the county where either spouse resides. This residency requirement is a crucial aspect of initiating the divorce process in Pennsylvania and must be established before submitting a request for separation.
The "Plaintiff," or the spouse initiating the divorce, must submit a legal form called the "Complaint for Divorce" to their local courthouse. This document outlines the specific requests of the plaintiff, including support, spousal assistance payments, child custody rights, and property settlements. It is important to note that the residency requirement of six months must be met by at least one spouse to initiate the divorce process in Pennsylvania.
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Child support and custody
In Pennsylvania, child support and custody can be included in a divorce case if either party wishes. A couple can make a written agreement about child support and custody and then have the court make the agreement part of a court order. If the parents cannot agree, either party can ask the court to decide these matters. Either party may ask the court to modify a child support or custody order at any time if it is in the child's best interest.
In Pennsylvania, there is no preference for either the mother or father when deciding child custody issues. The court assesses 16 factors to determine what is in the child's best interests. The two main types of custody are legal custody and physical custody. Legal custody concerns essential decisions for the child, including healthcare, education, and religious upbringing. Physical custody refers to where the child lives or visits. Legal custody can either belong to one parent or be shared between them. There are several types of physical custody arrangements, including primary physical custody, where the child lives more than 50% of the time with one parent.
Child support is an income-based calculation where the total net monthly income of both parents determines the total support figure for the child. Support is paid to the parent with primary physical custody or to the lower-earning parent when physical custody is equally shared.
In the case of unmarried parents, child support obligations are similar to those of married parents. However, unmarried fathers must establish paternity before seeking or enforcing their parental rights. Establishing paternity through the court can help fathers maintain and pursue their relationship with their child. Unmarried mothers have the authority to make decisions on the child's behalf and may receive child support from the father if paternity is acknowledged or established.
Divorce proceedings in Pennsylvania involve submitting a complaint to the court, meeting residency requirements, and gathering financial documents. There are two types of divorce: no-fault and fault-based. No-fault divorces can be obtained with mutual agreement, while fault-based divorces require proof of grounds such as adultery or abuse.
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Alimony
There are three types of alimony in Pennsylvania:
- Rehabilitative Alimony: Temporary financial support for a fixed time to help the receiving spouse become self-supporting. For example, it can give the spouse time to complete school or training.
- Permanent Alimony: In very rare cases, the receiving spouse may receive alimony payments for life. This type of alimony usually ends if the receiving spouse remarries or cohabitates with another partner.
- Equitable Reimbursement: Sometimes considered alimony, this is when a court allows reimbursement payments based on expenses incurred while supporting the other spouse through school or training.
When determining alimony, Pennsylvania courts consider 17 factors, including:
- The relative earnings, income sources, and expected future earnings of both spouses
- The duration of the marriage
- The ages and physical, mental, and emotional states of both spouses
- The degree to which one spouse contributed to the other's education, training, or increased earning potential
- The relative education of the parties and the time it would take for the spouse seeking alimony to acquire the necessary education or training for employment
- The relative assets and liabilities of both spouses, including property brought into the marriage
- The degree to which a spouse contributed as a homemaker
- The relative needs of the two spouses
- Marital misconduct, such as abuse
- The federal, state, and local tax consequences of the alimony
- Whether the spouse seeking alimony lacks sufficient property or assets to provide for their reasonable needs
- Whether the spouse seeking alimony is incapable of supporting themselves through appropriate employment
The costs of divorce, including alimony hearings, can be very high. However, if an individual cannot afford to pay court costs, they can request to be excused from paying them, and the court may grant this request if the person has a low income.
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Property division
In the case of cohabitating couples, the ownership of the shared home is typically determined by whose name is on the deed or lease. If both names are present, both individuals hold an equal right. If only one person's name is on the title, they are generally considered the lawful owner. However, the other individual may still be able to claim rights to the property based on contributions to mortgage payments or home improvements under "equitable principles".
Cohabitating couples do not have the same legal protections or rights as married couples. Pennsylvania law identifies two distinct forms of property ownership: "Sole Ownership" and "Joint Ownership". Sole Ownership refers to property owned entirely by one person, leaving no ambiguity as to who has the rights to the property. Joint Ownership indicates that two or more individuals share ownership of the property.
Cohabitating couples in Pennsylvania can take proactive steps to protect their property rights in the event of a separation. One method is creating a cohabitation agreement, a legally binding contract outlining each partner's ownership rights and responsibilities. This agreement can include details about the division of the property, including the home, vehicles, and other assets. Additionally, maintaining thorough and separate financial records can be critical in establishing individual rights. These records should include individual contributions to joint purchases or home payments and documentation of gifts or inheritances to ensure they remain separate property.
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Frequently asked questions
There are two types of divorce in Pennsylvania: no-fault and fault-based. No-fault divorces can be obtained with mutual agreement between partners, whereas fault-based divorces require proof of grounds such as adultery or abuse.
To file for divorce in Pennsylvania, at least one spouse must have lived in the state for at least six months before filing. The divorce must be filed in the county where either spouse resides. The "Plaintiff" must submit a "Complaint for Divorce" to their local courthouse, outlining specific requests and details on how property settlements will take place.
Although a non-attorney could theoretically handle their own divorce, it is generally recommended to seek legal representation to protect one's rights. Domestic litigation and Pennsylvania divorce laws are complex and can put a non-attorney at a disadvantage.
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