If you want to get a divorce in Pennsylvania, you must review some of the necessary steps. The more time you take to get this information, the easier this process will be. Getting a divorce doesn’t have to be a complicated process if you know exactly what to do from the start.
Know the Residency Requirements
In order to get a divorce in the state of Pennsylvania, you must be a resident for a minimum of six months. You can file for divorce where your spouse lives if they meet the residency requirement.
Fill Out the Paperwork
If you and your spouse have both agreed to the divorce, you will need to pick up a Divorce Settlement Agreement from your local county clerk’s office. It is important that you fill out the entire documents without missing anything. Pennsylvania does not these documents online, so you have to go down in person.
Have your Spouse Served
The next step in this process is to have your spouse served with the divorce papers. You will need to do this within a period of 30 days. If you wait longer than this, you will be required to re-file. You can send it over via snail mail.
Work out the Details
After you have served your spouse with the divorce papers, you will need to meet with them and come up with terms for how everything is going to be split. If you have children together, you’ll have to discuss how custody is going to work. The Support Guideline Computation that Pennsylvania offers will help you determine how much child support you may have to give or can receive.
Pennsylvania has a mandatory 90-day wait period for divorces after all the necessary paperwork has been files. Once this period of time has elapsed, you can turn in all remaining documents. You will have to submit the original copies of the paperwork as well as two separate copies of the settlement agreement.
Go to Court
When you attend your final court hearing, the judge will finalize your divorce with an official decree. You will be able to get a copy of this decree, which can be useful for a number of situations. The decree is only given after both parties have reached a settlement agreement. If your spouse is contesting the divorce, things could move along slower.
- You should keep in mind that there are two types of divorce in Pennsylvania. There is no no-fault and at-fault divorce. No-fault is when you both acknowledge that the relationship is irrevocably broken and can be reconciled. At-fault divorce is when a person has abandoned their partner for at least one year, committed infidelity or some form of abuse.
It is a good idea for you to hire a lawyer if your spouse plans to contest the divorce or get a lawyer of their own. This will ensure that you are protected from a legal standpoint.
How much does it cost to file for divorce in PA?
You can expect approximately a $300 fee to file your divorce papers. There can be an additional cost between $150 and $1,500 in case you use the support of an online service.
How long do you have to be separated in PA to get a divorce?
To obtain a no-fault divorce, you and your spouse must have been separated for two years before filing or you both must consent to the divorce. Additionally, a judge won’t grant your no-fault divorce right away. Once you‘ve filed your case, there is a 90-day waiting period before your divorce can be finalized.
What do I need to file for divorce in PA?
Specifically, Pennsylvania law requires one spouse to live in the state for at least six months before filing for divorce. Once you’ve met Pennsylvania’s residency requirements, you can file for divorce on one of three grounds: no fault and mutual consent divorce (3301(c)(1) forms)
What is a wife entitled to in a divorce in PA?
A spouse is entitled to alimony only if the court decides that alimony is “necessary.” To decide whether alimony is necessary, how much should be paid, and how long it should be paid, the court must consider many factors – including but not limited to the relative income and earning capacities of the parties, the ages
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.
Who gets house in divorce 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.
Does it matter who files for divorce first in PA?
Accordingly, the person who files the divorce first controls the divorce process because if the other spouse files later, the spouse who filed first can have the second divorce dismissed (knocked out of court).
How long is alimony in PA?
Therefore, if your divorce is average, you can expect that APL will last for about two years. APL can be limited in certain circumstances. For example, in the case of a short-term marriage (about three years or less), the payor spouse can request that the court limit the duration of APL.
What qualifies you for alimony in PA?
Know that Alimony in Pennsylvania is Calculated Before Child Support. Third, and this is new for 2019 and beyond. Alimony is going to be calculated before child support. Without children, you take 33% of the obligor’s net income and 40% of the obligee’s net income, and then the difference is going to be alimony.
Is alimony mandatory in Pennsylvania?
Am I entitled to alimony 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.
How does infidelity affect divorce in Pennsylvania?
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 wife get alimony if she cheated?
Cheating does not affect spousal support awards in California. In this state, a dependent spouse can have a one night stand or a full-blown affair and it will not reduce or eliminate their ability to receive alimony. Spousal support can be awarded during and after a divorce; however, it is not automatic.
Does cheating spouse get half?
Unfortunately, infidelity has no effect on a dissolution.
How can I get a quick divorce in PA?
In Pennsylvania, the court may call an uncontested divorce a “no fault and mutual consent divorce,” or simply a “mutual consent divorce.” 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.
What happens if spouse doesn’t sign divorce papers in PA?
If the served spouse does not respond in time, the divorce can be finalized by only one party. If your spouse will not leave the family home and thus initiate the separation, under 23 Pa. C.S. § 3502(c) you can file for exclusive possession of the family home.
Can you file for divorce online in PA?
The easiest way to complete a do it yourself divorce is to use an online site such as completecase.com. The site uses forms that are specific to the state in which you are filing for divorce, in this case Pennsylvania. Those forms allow the do it yourself divorce to proceed smoothly.
Can you get a divorce without a financial settlement?
A financial settlement does not necessarily have to be in place for you to apply for a decree absolute. However, if you have not yet reached a financial agreement in your divorce, then it is advisable not to apply for the decree absolute because your entitlement to certain assets of the marriage could be affected.