Important Divorce Laws In Pennsylvania
No one gets married thinking it’s going to end in divorce. Unfortunately, the divorce rate in Pennsylvania, and throughout the United States, shows just how common divorce is. While divorce is a very emotional process, it is also a legal one. If you and your spouse are getting a divorce, it is critical that you understand the laws that will apply to your case. Below, our Delaware County divorce lawyer explains some of the basic divorce laws in Pennsylvania.
Residency Requirements
Before filing for divorce in the state, you or your spouse must have lived in Pennsylvania for at least six months. Residency is defined as physically living in the state with the intention of remaining here indefinitely. The divorce complaint must be filed in the country where you or your spouse lives.
Grounds for Divorce
Pennsylvania law offers both fault-based and no-fault divorces. To get a no-fault divorce, you and your spouse must both agree that the marriage is irretrievably broken and you must resolve all financial matters with your spouse. No-fault divorce cases have a waiting period of 90 days.
State law also provides many grounds for fault-based divorces. These are as follows:
- Adultery
- Bigamy
- Desertion for at least one year
- Cruel treatment or endangering the health of the other spouse
- Other indignities that make life intolerable for the other spouse
Fault-based divorces have a waiting period of one year, during which you and your spouse must live separately and apart.
Equitable Distribution Laws
During a divorce, all marital property is divided. Marital property refers to all assets and liabilities acquired during the marriage. Pennsylvania is an equitable distribution state, which means marital property is divided fairly during divorce, but that does not necessarily mean it is divided equally. The courts take a number of factors into consideration when dividing marital property and they are as follows:
- Length of the marriage,
- Previous marriages of either spouse,
- Income, employability, and skills of each spouse,
- Future earning capacity of each spouse,
- Any contribution one spouse made to the other’s education or career,
- Any contribution of each spouse to homemaking, the household income, and the marriage,
- Health and age of each spouse,
- Financial situation of each spouse,
- Tax ramifications, and
- Standard of living established during the marriage.
Child Custody and Child Support
When two parents divorce, the issues of child custody and support must be resolved. One parent is often awarded more time with the child and the other parent is then ordered to pay child support. All child custody issues are determined according to the best interest of the child. Although the courts follow guidelines when determining child support, there is not an exact formula. Instead, family law judges take many factors into consideration including child custody arrangements, the income of each parent, and the ages of the children, to name a few.
Our Divorce Lawyer in Delaware County Can Provide Strong Legal Representation
You are not required to work with a Delaware County divorce lawyer, but it is always recommended that you do. At Barbara Flum Stein & Associates, our experienced attorney will always ensure your rights are upheld, negotiate on your behalf, and help you obtain the fair settlement you are entitled to. Call us today at 610-565-6100 or chat with us online to schedule a consultation.
Source:
legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=33&sctn=1&subsctn=0
