In Pennsylvania, when a couple separates it does not have to be a physical separation. In fact, spouses can be separated while still living in the same house, possibly even in the same bedroom.
Table of Contents
What is the cost of a divorce in PA?
If there are no contested issues, the average total cost of a divorce in Pennsylvania is between $3,500 and $4,000 if there is even one contested or disputed item, the average cost increases from $5,000 to $6,000.
What is the cheapest way to get a divorce in Pennsylvania?
Pursuing an uncontested or mutual consent divorce in Pennsylvania without hiring an attorney is the cheapest route. 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.
Can you speed up a divorce in PA?
Fortunately, a new Pennsylvania law, known as Act 102, helps speed up the process in some divorce cases. If you are going through a no-fault divorce, you may only need to wait one year before being able to obtain a faster divorce.
Who pays for a divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.
How long do you have to be separated before divorce in PA?
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.
Does it matter who files for divorce first in PA?
When Both Individuals Live in Pennsylvania. If both you and your partner currently reside within the state, there is no true advantage to filing first. Even if you file first, the case will usually be held at the Court of Common Pleas in the defendant’s county, or the county where you married, by default.
Do you need a reason to divorce in PA?
When you file for divorce in Pennsylvania, you must state the legal reason (or “ground”) for your request to end the marriage. Pennsylvania recognizes both fault and no-fault grounds for divorce. Your choice between a fault and no-fault divorce can make a big difference in how your case plays out.
What is the quickest divorce in PA?
PRO: Uncontested Divorce Can Be Cheaper and Faster Procedurally, this allows the parties to request a divorce decree as soon as 90 days after the divorce complaint is filed and served on the other spouse.
How is alimony calculated in PA?
The formula used in the state of Pennsylvania states that the receiving spouse must receive 40 percent of the difference between the spouses’ net incomes on a monthly basis. If the couple has children, the formula is altered to 30 percent of the net income difference.
What are grounds for divorce in PA?
There are 6 fault grounds for divorce in PA: adultery, desertion, cruel treatment, bigamy, imprisonment of more than 2 years, and indignities. The no-fault grounds for divorce in Pennsylvania are irretrievable breakdown and mutual consent. A person who initiates the divorce is called a Plaintiff.
How long does alimony last 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.
Is dating during separation adultery in PA?
Is it okay to date when you’re separated? It is okay, providing you do it right. If you start seeing someone else before you and your spouse decide to divorce or before you physically separate, it is considered adultery.
What happens after 90 day waiting period for divorce in PA?
Affidavit of Consent: After ninety (90) days have passed from the date the Complaint was served upon the other spouse and both parties agree to the divorce, both parties may file an Affidavit of Consent, declaring that they consent to the divorce.
How do you divorce your husband when you have no money?
Call your city or state bar association to ask for contact information or do an internet search to find them. These organizations provide no-cost (and also low-cost) legal assistance. If you are indigent, they may represent you at no cost and will file all fee waiver papers on your behalf.
What is the best way to handle a divorce?
- Recognize that it’s OK to have different feelings.
- Give yourself a break.
- Don’t go through this alone.
- Take care of yourself emotionally and physically.
- Avoid power struggles and arguments with your spouse or former spouse.
- Take time to explore your interests.
- Think positively.
Do you have to be separated for 2 years to get a divorce?
They must have lived separate and apart for at least two years. This view is taken by the courts to give the parties time to look back on their relationship and try to reconcile without having to be concerned about prejudicing divorce proceedings.
Who is entitled to alimony in PA?
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.
Who gets the house in a divorce in PA?
The short answer is either party could get the house in a Pennsylvania divorce. The judge could order the parties to sell the house and split the net proceeds after the mortgage and any home equity loans are paid off.
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.
What can be used against you in a divorce?
Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.
Is 401k marital property in PA?
They can be. Under Pennsylvania law, a couple that divorces or legally separates must divide their marital property, which can include retirement accounts like your 401(k), 403(b), IRA, self-employed 401(k), and pension plan.
How can I avoid alimony in PA?
Prove marital misconduct. The first way to avoid paying alimony is to prove misconduct during your marriage or separation. The two major issues that most judges will consider during alimony trials are abuse and adultery.
Does adultery matter in Pa divorce?
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.
How long do divorces take in PA?
Divorce in Pennsylvania can take between 90 days and 12 months on average, depending on whether it is a fault or a no-fault one. The mandatory waiting period for a no-fault marriage dissolution is 90 days. The average contested divorce takes 5-12 months, and an uncontested one – around 4-6 months.