How long can you delay a divorce in Pennsylvania?

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 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.

Is PA a no fault state divorce?

Pennsylvania is a no fault divorce state. There are two types of no-fault divorce processes in Pennsylvania: mutual consent and separation. A mutual consent divorce is available when both parties are willing to agree that the marriage is irretrievably broken and consent to the divorce.

What is uncontested divorce?

Unlike a contested divorce, an uncontested divorce is one where both parties agree on all terms of the divorce. This includes child custody, child and spousal support, and the division of marital property and debts.

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.

Can you date while separated 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.

Can you refuse a divorce?

In a nutshell, no, your spouse cannot prevent a divorce proceeding. If they refuse to cooperate, it will be necessary for you take some additional steps, such as using a court bailiff or a process server.

Does Adultery Affect divorce 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.

What happens when one spouse doesn’t want divorce in Pennsylvania?

However, if your spouse refuses to consent to a no-fault divorce, your divorce will be considered contested, and you will need to move forward with a fault based divorce. Unfortunately, this means that your divorce will likely take longer to finalize and cost significantly more than your no-fault divorce would have.

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.

How long do you have to be married in PA to get spousal support?

There’s no minimum length of time that a spouse has to be married in order for alimony to apply. While the length of the marriage is an important factor in the alimony statute, it’s one of 17 factors that the court will consider.

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.

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.

What are the five stages of divorce?

There are two processes in divorce. The emotional process can be broken down into 5 stages: Denial, Anger, Bargaining, Depression, and Acceptance.

How do you initiate a divorce?

STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.

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.

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.

What does a divorce cost 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.

What should you not do during separation?

  • Keep it private. The second you announce you’re getting a divorce, everyone will have an opinion.
  • Don’t leave the house.
  • Don’t pay more than your share.
  • Don’t jump into a rebound relationship.
  • Don’t put off the inevitable.

Is sleeping with someone while separated adultery?

Technically, adultery is defined as sexual contact between a married person and someone other than his or her spouse. And because a legal separation doesn’t officially terminate a marriage, sex while separated could be a crime.

Can having a girlfriend affect my divorce?

Generally speaking, the actual act of dating while your divorce is pending will not affect the outcome of a divorce. While you are still legally married to another person, the court distinguishes between pre- and post-separation relationships.

What happens if one spouse doesn’t want a divorce?

If you don’t want a divorce but your spouse does, you have few options if your spouse has made up his mind. You may try to talk through your issues as a couple, and you may consider marriage counseling or legal separation for a period of time. What’s most important, however, is not to be legally uncooperative.

How should a woman prepare for a divorce?

  1. Gather your financial records.
  2. Open a Post Office Box.
  3. Start putting money away for legal and other professional fees.
  4. Open a new checking and savings account.
  5. Open new credit cards in your name only.
  6. Get a copy of your credit report.

Can you divorce without the other person signing?

Applying for a divorce can be a difficult decision to make, especially if you’re not sure your partner will sign your petition. Crucially though, you don’t need your partner’s consent to get a divorce. Although it may be a long process if your partner doesn’t comply, they won’t be able to stop you indefinitely.

How long is alimony 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.

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