What you need to know about divorce in Pennsylvania:

1. What are the grounds for divorce in Pennsylvania?
2. What if only one spouse wants a divorce?
3. What is legal separation?
4. Can a lawyer represent both spouses?
5. Who makes the decisions about custody, visitation, support, property division, alimony and other matters?
6. Who determines what settlement is acceptable?
7. What is a separation agreement?
8. What is the difference between spousal support, alimony pendente lite, and alimony?
9. How is marital property divided?
10. Who pays the debts of the marriage?
11. How are child custody issues resolved?
12. How is the amount for child support determined?
13. How long does it take to get a divorce in Pennsylvania?
14. Can I move out of state with my children after separation?
15. What is divorce mediation?
16. What are the advantages of having a lawyer during a divorce?
17. What does a divorce cost?

1) What are the grounds for divorce in Pennsylvania?

Pennsylvania has "fault" and "no-fault" divorces. Fault grounds include charges of adultery, desertion, indignities, and other marital wrongs. If you want to proceed under a fault theory, one party has to prove that the other party is at fault for the breakdown of the marriage. A fault divorce requires hearings which increases the time and cost of a divorce.

There are two kinds of no-fault divorces in Pennsylvania. In the first type of divorce, the parties have to be separated for at least ninety (90) days after the filing of the complaint and both parties must consent to the divorce. If one party does not consent to the divorce, the other party must be separated for at least two years before he or she can request that the divorce be finalized.

2) What if only one spouse wants a divorce?

There is no way to prevent a divorce in Pennsylvania if one spouse wants it and the other spouse doesn't.  A no-fault divorce may be obtained by only one party-- if the two-year separation period has been met.

3) What is a legal separation?

Pennsylvania has abolished the concept of a legal separation. Parties are free to separate at any time with or without Court intervention. If the parties are separated, each can seek visitation, temporary custody, and spouse or child support.

A divorce, on the other hand, entirely terminates the marriage contract between two individuals.  From a legal standpoint, a divorce will give each person the legal right to marry someone else. It will also legally divide the couple's assets and debts, and determine the care and custody of their children.

4) Can a lawyer represent both spouses?

If there are any disputes relating to custody, visitation, property division, equitable distribution, child support, spousal support or alimony, the answer is probably not. These disputes create conflicts of interest. However, if both parties are seeking a no-fault divorce and have no or few issues that involve property, support, visitation, custody or any other matters, then it may make economic sense to primarily work with one attorney. Even in that instance, each party should meet with separate counsel before signing any final agreement that was prepared by only one attorney, to be assured that each party feels as though they were fully informed of their rights.

5) Who makes the decisions about custody, visitation, support, property division, alimony and other matters?

Most divorcing couples resolve their differences through negotiations and put those agreements in writing, to be approved by the Delaware County Court.  Any issues that  cannot be resolved by negotiations are decided through the Delaware County court system, by a Master or a Judge. There are no juries in divorce cases.

6) Who determines what settlement is acceptable?

Your lawyer may advise you on matters, but you have the final decision about settlement terms. Your lawyer is required to submit all settlement proposals to you for your review.

7) What is a separation agreement?

In Pennsylvania, there is no such legal status as being "legally separated." You are either single, married or a widow(er). However, there are things that can be done to protect your rights while you are separated.  A Separation Agreement sets down what terms have been mutually agreed upon by the parties prior to a divorce. It is considered to be a binding contract and, once it is approved by a judge, can only be modified under certain circumstances. It contains provisions for division of property and debts, maintenance, child support and parenting.

8) What is the difference between spousal support, alimony pendente lite, and alimony?

When spouses separate, the financial situation of the household is usually significantly affected. While child support orders can address the financial needs of the children, the predicament of a non-working spouse or a spouse with a limited income must also be considered.

Pennsylvania family law allows for payments to be made to a spouse upon separation, prior to the filing of a divorce complaint. This is called spousal support. Spousal support in Pennsylvania is usually not available if the two parties continue to live under the same roof. However, if one party can prove that the other is not contributing to the household expenses, spousal support may be collected.

In a Pennsylvania “fault” divorce, the spouse who would have to pay support has the right to an “entitlement defense”, an argument against paying support if their spouse has committed one of the fault-based grounds for divorce.
There is no defined length of time that spousal support must be paid. Spousal support is paid until the divorce decree is filed.

After a couple files for divorce, the payment is referred to as alimony pendente lite (APL).  Spousal support will usually be converted into alimony pendente lite (APL) automatically. The purpose for APL in Pennsylvania is to financially permit both spouses to move on with the divorce action. The spouse ordered to pay alimony pendente lite cannot raise the entitlement defense at this time. This means that even if the person seeking payment has left the marriage without just cause or committed adultery they may be entitled to alimony pendente lite payments.

Finally, when the divorce decree is signed and equitable distribution is finalized, the court may order alimony payments. Pennsylvania law states that alimony may be granted if a spouse cannot meet their “reasonable needs” after looking at their income and the assets they were awarded during equitable distribution.  The courts will determine the duration of the alimony.  In Pennsylvania, rehabilitative alimony may be awarded to allow a person a specific amount of time to “rehabilitate” himself or herself.

Permanent alimony may be awarded for the rest of a person’s life. Reimbursement alimony may be awarded to a spouse to compensate them for expenses they may have taken on while the other obtained an education. With the exception of reimbursement alimony, most alimony is terminated when the spouse who receives the alimony moves in with another person in a marriage-like situation, remarries, or dies.

9) How is marital property divided?

Pennsylvania is an equitable distribution state.  An equitable distribution of marital property is not always a 50/50 distribution. Marital property includes all property that was acquired during the marriage, regardless of how it is titled (i.e., in whose name it is).  Generally, marital misconduct during the marriage is not to be considered in determining the equitable division of property, although it is a factor for consideration in determining alimony.  The court will consider all relevant factors when dividing property, including:

10) Who pays the debts of the marriage?

You may have accumulated significant marital property, as well as debt during your marriage.  In Pennsylvania, marital debts are defined as debts that were acquired by either spouse after the marriage date and before the date of separation. Common marital debts include credit card bills, mortgages, car loans, home equity loans, tax obligations and judgments. Even if a credit card was only in one spouse’s name, if the credit card was used during the marriage, both parties are responsible.  Marital debts will be divided equitably just like marital property.  

11) How are child custody issues resolved?

Custody law is designed to promote the best interests of the child. The law places great importance on continued contact between the child and both parents after separation or divorce.  The law considers the care of children to be so important that courts, while they encourage parties to reach agreements, retain the right to decide child custody while giving weight to what the parents decide. However, a reasonable custody agreement arrived at between the parents in a mature, open manner will probably be acceptable to the court.  But, the court may modify this agreement at any time before, or after, the Divorce Decree is granted.
Where a court is asked to make a custody determination, it considers several factors, including:

It is worth noting that the courts tend to favor the parent who has been the primary caretaker of the child. In many instances, the mother is the primary caretaker.  Also, Pennsylvania courts strongly favor keeping brothers and sisters together when there is no compelling reason to separate them.

12) How is the amount for child support determined?

The amount of child support awarded by the court is established in accordance with the Pennsylvania Support Guideline. The Support Guideline was developed on the premise that the child(ren) of separated or divorced parents should receive the same proportion of parental incomes as if the parents were together.  The guidelines are based upon the reasonable needs of the child and the parent seeking support, plus the ability of the other parent (legally called the obligor) to provide support.  When determining the reasonable needs and the ability to provide support, there is a heavy emphasis on the net incomes and earning capacities of the parties, with variations made for things like unusual needs or extraordinary expenses. 

13) How long does it take to get a divorce in Pennsylvania?

Theoretically, as little as forty days if the spouses have been separated longer than two years, and as little as ninety days if the parties have been separated less than two years and both are willing to consent to a divorce. As a practical matter, even if everything goes smoothly, it usually takes several additional weeks to complete the paperwork and get the divorce decree signed by the Delaware County Court. 

Realistically, a mutual consent no-fault divorce takes about four to five months right now. There is a ninety day "cooling -off" period after the complaint is filed if the parties are separated for less than two years. After the cooling-off period expires both parties may file affidavits of consent and the divorce decree is entered thereafter. On the other hand, a contested divorce can last years with the average contest lasting a year or more.

14) Can I move out of state with my children after separation?

If a parent with physical custody of the child(ren) seeks to move out of the county or state where they resided with a minor child(ren), it is wise to obtain written permission from the other parent or an Order of the Court prior to relocating to another area.  If this is not done, there is a chance that the child may be required to be returned to his/her former location.

Whether or not a parent is allowed to relocate with the minor child depends on several factors, including the extent of the relationship between the children and each parent prior to the request to relocate, the reasons behind the move, the reasons why the non-relocating parent wishes to prevent the move, whether the move would improve the quality of life for the children, and whether a realistic schedule for the other parent could be formulated if the relocation is granted.  If an emergency exists requiring an immediate decision on a temporary basis regarding the relocation, an “emergency” hearing maybe scheduled for the entry of a temporary order pending the final hearing.

 Keep in mind that all states have an agreement that the jurisdiction for custody purposes is the place where the child has resided for the past six months.   Therefore, if you move from Pennsylvania to California and the other parent files for custody in Pennsylvania within six months after the move, the case will have to be litigated in Pennsylvania.

15) What is divorce mediation?

Mediation is a voluntary process that tries to solve legal matters by having the parties, with the help of a trained mediator, reach a common ground without suing each other in court.  Mediation has several advantages.  First and foremost, it is usually less expensive than a trial.  In addition, it allows the parties to control the outcome, it is more private, and there are no court appearances. 

16) What are the advantages of having a lawyer during a divorce?

A lawyer will assist you in the identifying issues in your case, and  help you negotiate a fair settlement to avoid a trial. When you work with Pachtman Law Office, we will give you up-to-date advice regarding the laws on custody, spousal and child support, and property divisions. We’ll counsel you regarding the reasonableness of proposed settlement terms and what you might expect if the judge decides the case. If you have children and property, we’ll draw up agreements that will be incorporated into the divorce decree and will be enforceable in a domestic relations court.

 If settlement is not reached, your attorney will prepare your case for trial on any issues that may not have been resolved including support, alimony, property, visitation, or attorneys fees.

17) What does a divorce cost?

Ultimately, you decide how expensive your divorce will be.  The total cost of a divorce is determined by the amount of time that your attorney must spend on your case. The more disputes that must be resolved by your attorney, the more time the attorney will have to spend on your case and the more costly it will become. Your lawyer will charge you for his or her hourly time, plus costs. Hourly rates vary, depending on the skill and experience of the attorney. Costs include filing fees and expert fees are in addition to the attorney’s fees.

Call or click here to discuss how we can help you resolve your divorce, custody or support issues and what it will cost