For a law firm that represents plaintiffs:

What is the difference between annulment and divorce proceedings?

An annulment proceeding is instituted for the purpose of determining by a judicial ruling that a valid marriage never took place due to some defect that existed at the time that the parties were married.  By contrast, a divorce proceeding is instituted in order to terminate a valid marriage for reasons that occurred after the marriage was entered into.  Pennsylvania recognizes both annulment and divorce proceedings.

What is "no fault" divorce?

In the past, divorce generally had only been granted on the basis of marital misconduct called "fault."  The grounds for showing fault included cruelty (inflicting emotional or physical pain), adultery, desertion for a specified length of time, confinement in prison for a set number of years, or the physical inability to engage in sexual intercourse, if it was not disclosed before marriage.

In a "no fault" divorce, instead of having to show fault, couples need only show "incompatibility," "irreconcilable differences," or "irremediable breakdown of the marriage" in order to be granted a divorce or dissolution of marriage.  Pennsylvania recognizes both fault-based and no-fault divorces.

How does "collaborative law" work in the divorce context?

The collaborative family law process empowers spouses to dissolve their marriage with dignity and allows parties to protect their children from the strains of litigation, which can impose a personal responsibility in resolving conflict.  Parties to divorce, their attorneys, and any other professional involved agree to make a good faith attempt to reach an amicable settlement without going to court; collaborative practice is intended to minimize difference while working toward that resolution. In the collaborative process, each spouse is responsible for gathering necessary information.

The collaborative family law process is a problem-solving method, which encourages mutual respect, provides for open communication, and prepares individuals for new lives.

What is alimony?

Alimony is monetary compensation payable by one spouse to another for support after a divorce. When making a determination as to alimony, courts consider several factors, including:

• the parties' respective incomes and earning capacities, including assets and liabilities;
• the parties' ages, education, and physical/mental/emotional health;
• the duration of the marriage;
• each spouse's contribution to the education, training, or increased earning potential of the other spouse;
• effect of custody issues on the parties' earning capacities;
• standard of living during the marriage;
• homemaking contributions of a spouse;
• property either party brought to the marriage;
• the parties' respective needs;
• tax consequences;
• marital misconduct by either spouse during the marriage; and
• any other factor deemed relevant by the court.

What is child support?

In Pennsylvania, both parents are responsible for the support of their unemancipated minor children, regardless of whether the parents are married or even live together. The amount of child support awarded is based upon statewide guidelines, which taken into account the reasonable needs of the child seeking support and the ability of the supporting parent to provide support. In determining the reasonable needs of the child seeking support and the ability the parent to provide support, the guidelines emphasize the net incomes and earning capacities of the parties.

How is child custody determined in Pennsylvania?

In Pennsylvania, custody awards are based upon the child's "best interests." Typically, when courts are evaluating custody issues, they look to:

• each parent's relationship with the child;
• each parent's ability to provide for the child's well-being (emotionally, financially, physically);
• the living situation that each parent would provide for the child; and
• each parent's character and fitness.

Although the child's expressed wishes as to custody are not controlling, they can be an important factor considered by the court in making a custody award.

What is a power of attorney?

A power of attorney is a legal document whereby a person (the "principal") authorizes another (the "agent" or "attorney-in-fact") to act on the principal’s behalf in matters outlined in the document. A power of attorney can be a general power of attorney or a specific power of attorney. The specific power of attorney allows the agent to accomplish a specific defined task in the principal’s absence or incapacity. A general power of attorney gives the agent extremely broad powers to execute transactions for, and make decisions on behalf of, the principal. Generally, the principal can revoke the power of attorney at any time.

For a law firm that represents defendants:

What are the grounds for obtaining an annulment in Pennsylvania?

A marriage may be subject to annulment if the party seeking to have the marriage declared void can establish:

• that one of the parties was under the age of consent at the time of the marriage;
• that one of the parties was under the influence of drugs or alcohol at the time of the marriage (and annulment proceedings were initiated within 60 days of the marriage);
• that one of the parties was naturally and incurable impotent at the time of the marriage; or
• that one of the parties consented to the marriage under fraud, duress, coercion or force.

What are the grounds for fault-based divorce in Pennsylvania?

A party seeking to obtain a divorce based on the fault of the other spouse may assert the following in support of the divorce petition:

• willful and malicious desertion for more than one year;
• adultery;
• cruel and barbarous treatment that endangers the life of the other spouse;
• bigamy;
• imprisonment for more than two years; or
• committing such indignities that the other spouse's life is intolerable and burdensome.

What happens if I am behind in my alimony payments to my former spouse?

If you have incurred an "arrearage" in your alimony obligations (in other words, you have failed to pay the alimony you should have paid), among the enforcement options available under Pennsylvania law are the following:

• you may have your goods/chattels seized, or have the rents and profits of your real property taken, for purposes of resolving the arrearage;
• you may have up to 50% of your wages garnished in order to resolve the arrearage; or
• you may have interest imposed on any unpaid alimony installments.

If my spouse has filed for divorce on the grounds of adultery, are there any defenses available to me?

A spouse may assert, as a defense to a divorce petition that is based on adultery, the following: that the petitioning spouse has committed adultery himself/herself; that the petitioning spouse engaged in sexual intercourse with the defendant after learning of the supposed adultery; that the petitioning spouse "allowed the defendant's prostitution or received hire from it"; or that the petitioning spouse exposed the defendant to circumstances in which the defendant became involved in adultery.

When can an award of alimony be modified?

A party may obtain a modification of an alimony award upon proof that there has been a change in financial circumstances, such as a reduction/increase in salary, an involuntary job loss, a change in the party's health condition, or retirement. The modification of the alimony award may either be an increase or decrease, depending on the facts of the case.