Kara Sears
A man going through a divorce in Pennsylvania can expect to be subject to the state's specific commonwealth laws, which outline who can end a marriage, the grounds for divorce, and the process of filing for divorce. The divorce process can vary depending on whether it is contested or uncontested and whether it is a fault or no-fault divorce. During a divorce, the court will divide marital property, including assets and debts, in a way that is fair but not necessarily equal. Child custody, child support, and spousal support may also be determined, with the best interests of the children being a key consideration. The court may also order counseling for the parties and require attendance at a seminar on helping children cope with divorce. Understanding the legal and financial implications of divorce in Pennsylvania can help individuals plan accordingly.
| Characteristics | Values |
|---|---|
| Divorce categories | Mutual consent, un-consented, and fault-based |
| Grounds for divorce | Six enumerated categories, including fault-based |
| Residency requirements | One spouse must have lived in Pennsylvania for at least six months |
| Timeline | Dependent on grounds for divorce and whether contested or uncontested |
| Property division | Divided by the court in a fair but not necessarily equal manner |
| Child custody | Decided as part of the divorce process |
| Spousal support | May be ordered by a judge based on necessity and reasonableness |
| Child support | Ordered in many cases |
| Counseling | May be ordered by the court if requested by either party |
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![The Law, Practice and Procedure in Divorce as Applied in Pennsylvania : with Forms and Pleadings / by Jay Carver Bossard 1922 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Residency requirements
To file for divorce in Pennsylvania, you and/or your spouse must have lived in the state for at least six months immediately prior to filing. This is known as the residency requirement.
The previous requirement of a two-year separation was amended by the Pennsylvania General Assembly in 2016, reducing the separation time requirement to one year. This means that, if you are filing for a no-fault divorce, you must have been separated for at least a year.
If you are filing for a fault-based divorce, you must prove one of the following grounds:
- Abandonment (your spouse has left the home) without a reasonable cause for a period of one or more years
- Cruel and barbarous treatment (your spouse has treated you in a way that puts your life or health at risk, such as acts of domestic violence)
- Bigamy (your spouse married you without divorcing their first spouse)
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Grounds for divorce
In Pennsylvania, a divorce may be granted on fault or no-fault grounds.
Fault-based grounds for divorce
Fault-based grounds for divorce in Pennsylvania include:
- Willful desertion or abandonment: Leaving the home without reasonable cause for at least a year.
- Cruel and barbarous treatment: Treating your spouse in a way that puts their life or health at risk, such as acts of domestic violence.
- Bigamy: Marrying someone without divorcing a previous spouse.
- Imprisonment for a crime.
- Adultery.
- Indignities.
No-fault grounds for divorce
No-fault grounds for divorce include:
- Irretrievable breakdown of the marriage: The couple has lived separately for at least a year, and the marriage is irretrievably broken (unfixable). In this case, neither party is guilty of any severe marital misconduct.
- Mutual consent: Both spouses agree to the divorce, and at least 90 days have passed since filing.
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Division of assets
Pennsylvania is an equitable distribution state, meaning that during a divorce, the court divides marital assets in a manner that is fair but not necessarily equal. This includes both assets and debts acquired during the marriage.
The court considers several factors when deciding which percentages to use during the division of marital assets. These factors include the length of the marriage, whether a party was married previously, the age and health of both parties, the earning capabilities of both parties, and the liabilities each party has. The court will also consider the financial contributions each party made toward the marital assets, and each party's ability to maintain the standard of living set during the marriage. If there are any children from the marriage, and which party they reside with, this will also be taken into account.
Certain assets can be excluded from the division process. These are known as 'non-marital' or 'separate' assets and might include property owned by one spouse before the legal marriage began, gifts, or inheritances received individually.
If you are seeking a divorce due to an irretrievable breakdown of the marriage and both parties consent, the union can be dissolved after 90 days of filing for divorce. However, it may take longer than this to come to an agreement on issues like support and custody.
If there is property that needs to be divided, or if financial support from your spouse is required, this will have to be worked out in an out-of-court settlement or a series of court hearings.
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Child custody
Before appearing in court for a custody action, parties will typically be required to participate in educational and/or mediation sessions. Custody is an extremely fact-sensitive area, and the courts will determine an appropriate schedule based on the best interests of the children. The court considers all relevant factors, including:
- Which party can best tend to the child's needs
- Which party is more likely to ensure the child's safety, especially in light of Kayden's Law
- The relationship between each parent and the child
- Where both parents live or plan to live
In most cases, parents do agree on who should have primary physical custody, or in other words, who will be the custodial parent. However, when parents cannot agree, the court will look at several different factors and Pennsylvania custody laws to decide which parent is best suited for child custody.
Pennsylvania recognizes two overarching types of custody: physical and legal custody. Legal custody involves the right to make major decisions about the child's welfare, including education, healthcare, and religious upbringing. Parents can have sole legal custody, where only one parent has this decision-making authority, or shared legal custody (joint custody), where both parents share this responsibility. Physical custody pertains to where the child lives and their daily care.
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Alimony
- The length of the marriage
- The division of the parties' marital property
- The parties' ages, health, earning capacities, and needs
- Relative earnings and earning capacity of both spouses
- The age and physical, mental and emotional conditions of both spouses
- The source of income for both spouses (including medical, retirement, insurance and other benefits)
- Any inheritance or other form of money either spouse expects to receive
- The contribution each spouse made to each other’s education, training or “increased earning power”
In Pennsylvania, alimony is not considered taxable income to the recipient, and the paying spouse cannot take a deduction for payments.
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Frequently asked questions
To file for divorce in Pennsylvania, either you or your spouse must have lived in the state for at least six months immediately prior to filing.
Pennsylvania allows for both fault-based and no-fault divorces. Fault-based grounds include abandonment, cruel and barbarous treatment, bigamy, willful desertion, imprisonment for a crime, and adultery. For a no-fault divorce, the couple must have been separated for at least two years, or both parties must agree that the marriage is irretrievably broken.
Pennsylvania is an equitable distribution state, meaning marital property is divided by the court in a way that is fair but not necessarily equal. The court considers factors such as the number of children, the parties' health, earning capacity, education, and standard of living.
