Divorce

Divorce is a difficult and emotional process for everyone involved. Regardless, in Pennsylvania, there are specific laws and procedures that must be followed in order to legally end a marriage.

This article will provide a comprehensive overview of the divorce process in Pennsylvania, including the grounds for divorce, the required steps, and the potential outcomes. It will also discuss the factors that the court considers when making decisions about child custody, support, and property division, among other things.

The Model of Divorce in Pennsylvania

Pennsylvania is a “no-fault” state, which means that a spouse does not need to prove that the other spouse did something wrong in order to get a divorce. Instead, one of the grounds for divorce in Pennsylvania is that the marriage is irretrievably broken. This means that the couple cannot reconcile, and the marriage cannot be saved.

One spouse must file a complaint for divorce, and the other spouse must be served with the complaint. Once the complaint is filed, the couple must wait 90 days before the court can grant the divorce.

Filing for Divorce

The first step in getting a divorce in Pennsylvania is to file a complaint for divorce. This document must be filed in the county where either spouse lives. The complaint for divorce must include the following information:

Once the complaint for divorce has been filed, the other spouse (the Defendant) must be served with a copy of the complaint. This can be done by a sheriff or a private process server. The defendant then has 90 days to file an answer to the complaint.

Mediation

Before a divorce case goes to trial, the court may require the couple to attend mediation in order to try to reach an agreement on the issues in dispute. Mediation is a process where a neutral third party, known as a mediator, helps the couple communicate and negotiate in order to reach a mutually acceptable agreement. 

Even if it is not court-ordered, many couples voluntarily choose mediation, as it can be a cost-effective and less adversarial way to resolve disputes in a divorce case.

Resolving Disputes Through the Court

In some cases, the couple may not be able to reach an agreement on the issues in dispute through mediation or negotiation. In these cases, the court will hold a trial and make a determination on the issues in dispute. This can include issues such as child custody, child support, property division, and alimony.

It is important to have an experienced attorney to represent you in court and to help you understand the legal process and your rights.

Child Custody and Support

When a divorce involves minor children, the court will make a determination about child custody and support. Child custody refers to the legal right to make decisions about the children’s upbringing, such as where they will live and what schools they will attend. In Pennsylvania, the court will make a determination of child custody based on the best interests of the child.

Child support refers to the financial support that one parent must provide to the other parent for the care of the children. The amount of child support is determined by the Pennsylvania Child Support Guidelines. These guidelines take into account the income of both parents and the number of children involved. The court will also consider the needs of the child and the standard of living during the marriage when determining the amount of child support.

Property Division

When a divorce involves the division of property, the court will use the principle of “equitable distribution.” This means that the court will divide the property in a fair and reasonable manner, taking into account the length of the marriage, the income and earning potential of each spouse, and any other relevant factors.

In Pennsylvania, the court will also classify the property as either marital or separate property. Marital property is anything that was bought during the marriage and will be split up when the couple gets a divorce. Separate property is the property that was acquired before the marriage or by gift or inheritance during the marriage and is not subject to division in the divorce.

Alimony

Alimony, also known as spousal support, is the financial support that one spouse pays to the other spouse after the divorce. Alimony is not automatically awarded in a divorce in Pennsylvania. Instead, the court will consider various factors when determining whether to award alimony and how much to award.

These factors include the length of the marriage, the income and earning potential of each spouse, the standard of living during the marriage, and any other relevant factors. The court will also consider the need of one spouse for alimony and the ability of the other spouse to pay alimony. Alimony can be awarded on a temporary or permanent basis and can be modified or terminated if the circumstances of either spouse change.

Speak to a PA Family Law Attorney

If you are considering a divorce in Pennsylvania, it is important to understand the laws and procedures that apply and the factors that the court will consider when making decisions about child custody, child support, property division, and alimony. It is also important to work with experienced professionals who can guide you through the process and help you achieve a just and fair outcome.

We encourage you to contact us for more information about our services. NBMS Law has a team of experienced attorneys and mediators who are dedicated to helping our clients navigate the legal system and achieve the best possible outcome for their unique situations. We understand the emotional and financial stresses that come with divorce, and we are here to help you through every step of the process. 

Simply call (724) 564-6819 and ask to speak to a family law attorney.