Pennsylvania is not a 50/50 common law state. PA law requires divorcing couples to equitably divide the marital property. This means that the division of marital property should be based on fairness utilizing a set of enumerated factors in the PA Divorce Code.
How much is a wife entitled to in a divorce in PA?
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.
What is a spouse entitled to in a divorce in Pennsylvania?
What is a wife entitled to in a divorce in PA? The wife is not automatically entitled to anything that is not her direct property or assets in a divorce in PA. Alimony payments may be required based on the wife’s situation and any division of property will also be determined based on other factors.
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.
Who gets the house in 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 is alimony paid 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 PA an alimony state?
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.
How much is alimony 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.
Does it matter who files for divorce first in PA?
It matters who files for divorce first in Pennsylvania The first party to initiate the divorce will presumably have time beforehand to obtain the proper legal representation, as well as the necessary documents. It can also stop your spouse from hiding money or assets before the break-up.
What is the average cost of a divorce in PA?
The average cost of divorce in Pennsylvania state is approximately $14,300. The expenses can reach $21,500 if there are children or property involved. The average filing fees in Pennsylvania are $350.
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.
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.
What is legally separated in PA?
Pennsylvania does not recognize legal separations. If you’re “separated” from your spouse, it means the two of you are living separate and apart, whether you’re living in two households or even under the same roof. Separation between married spouses can occur when: The couple mutually agrees to get a divorce.
How can I get a quick divorce in PA?
How Can I Get a Quick Divorce in Pennsylvania? To get a fast divorce in PA, you need to make sure it is uncontested. You will not only need to file on a no-fault basis, but also reach an agreement with your spouse regarding your real property, assets, and debts.
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. The key factor to consider is when did the spouses stop behaving like a married couple.
Can my wife get my retirement if we divorce?
If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.
Does PA have spousal support?
In Pennsylvania, spousal support is available to the spouse who earns less until a divorce decree is issued, and only then under limited circumstances. If the person requesting spousal support has behaved in a manner that could be grounds for a fault divorce, the court may refuse spousal support.
Who pays mortgage during separation?
The person liable for paying the mortgage during a separation is the person whose name appears on the mortgage note. If both your names are on the mortgage, then you are both legally responsible for making the payments. Even though you’re separated, you need to continue to make your mortgage payments on time.
What are the 17 factors for alimony in Pennsylvania?
- The relative earnings of both spouses.
- The duration of the marriage.
- The ages and physical, mental and emotional states of the two spouses.
- The sources of income of both spouses.
- The expected future earnings and inheritances of the two spouses.
What determines alimony in PA?
The 17 Alimony Factors in Pennsylvania Relative earning capacity of each spouse. Age, physical and mental health of each spouse. Sources of income of each spouse. Inheritances of each spouse.
How can I avoid paying alimony in PA?
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. However, you will need more than simply your word to prove these accusations.
Does adultery affect spousal support in PA?
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 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.)
How long after a divorce can you ask for alimony?
Either you or your spouse, or both of you, can ask for alimony at the time of divorce. If the original divorce judgment didn’t mention alimony at all, you can file a complaint for alimony for the first time at any time after your divorce. Alimony can be changed after a divorce through a process called a modification.
How much is child support in PA?
Mother’s monthly net income is $3,000 and father’s is $4,500. Since father’s portion of the monthly net income is 60%, father pays 60% of the monthly child support amount. The monthly child support amount is $1,729, per the child support guidelines, therefore, father’s obligation is approximately $1,037.