Does it matter who files for divorce first in Pennsylvania?

It matters who files for divorce first in Pennsylvania Filing for divorce is no exception. The first party to initiate the divorce will presumably have time beforehand to obtain the proper legal representation, as well as the necessary documents.

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 fastest way to get a divorce in PA?

In PA, uncontested divorce process is easier and quicker than the alternatives. It can be finalized in record time – about 3-3,5 months, and there is no need to go to a hearing.

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.

How long does a divorce 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.

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.

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 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.

Does Pa require separation before divorce?

According to the law, there is no required waiting period in Pennsylvania before you can file for a divorce. However, it is vital to establish a date of separation. A legal separation is determined by the date you and your spouse begin living separate and apart.

Does a husband have to support his wife during separation?

If you’re in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.

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.

How long can a divorce drag out in PA?

After twelve consecutive months of separation, however, our law says that either party can force the divorce to completion. (BUT that does not apply to a LOW-COST, simple, uncontested, no-fault divorce. In THAT type of divorce, BOTH parties MUST sign no matter how long they may have been separated.)

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.

How long do you have to pay spousal support in PA?

While there’s no easy answer, a good rule of thumb is 1 year of alimony for every 3 years of marriage. If you’ve been married for 15 years, a good rule of thumb to think is about probably 5 years of alimony.

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 are the 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.

Can you be separated and live in the same house in PA?

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.

How long after divorce can you remarry in Pennsylvania?

A party may remarry as soon as a final divorce decree is entered. However, there is a three-day waiting period in Pennsylvania for an application for a marriage license.

What is the best way to handle a divorce?

  1. Recognize that it’s OK to have different feelings.
  2. Give yourself a break.
  3. Don’t go through this alone.
  4. Take care of yourself emotionally and physically.
  5. Avoid power struggles and arguments with your spouse or former spouse.
  6. Take time to explore your interests.
  7. Think positively.

Is it better to be the petitioner or the respondent in a divorce?

Q: Is it better to be the petitioner or respondent in a divorce? A: There is no advantage to being either the petitioner or respondent in a divorce.

Why do lawyers drag out cases?

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

Can text messages be used against you in a divorce?

Can My Texts Be Used Against Me in a Divorce? The short answer is “Yes.” The court usually allows the person receiving the text to testify that he or she recognizes the phone number the text was sent from. The court might also ask about the sender’s identity and the context of the message.

What should you not forget in a divorce agreement?

  • A detailed parenting-time schedule—including holidays!
  • Specifics about support.
  • Life insurance.
  • Retirement accounts and how they will be divided.
  • A plan for the sale of the house.

How do I protect myself financially in a divorce?

  1. Legally establish the separation/divorce.
  2. Get a copy of your credit report and monitor activity.
  3. Separate debt to financially protect your assets.
  4. Move half of joint bank balances to a separate account.
  5. Comb through your assets.
  6. Conduct a cash flow analysis.

How much is a wife entitled to in a divorce near Pennsylvania?

Pennsylvania uses guidelines to begin the process of determining alimony, but several factors could cause the amount to either go up or down. In general, if there are no children in the marriage, the requesting spouse is entitled to 40% of his or her spouse’s income, minus their own income.

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