In Montgomery County, PA the base filing fee for a divorce complaint is $284.75. Additional issues like custody or alimony, known as “counts,” incur extra fees that range from $66.00 to $74.25.
What is the easiest way to get a divorce in PA?
- In order to file for divorce in Pennsylvania, either you or your spouse must be a Pennsylvania resident for at least 6 months.
- The simplest procedure is an uncontested divorce, where you and your spouse reach an agreement about all issues.
How long does it take to get a divorce if both parties agree in PA?
How Long Does it Take to Get a Divorce in Pennsylvania? If you file for a no-fault divorce, and both spouses consent to the divorce and submit affidavits (written declarations) showing their consent, it will take 90 days before the divorce can be granted. Alternatively, a couple can seek a fault-based divorce.
How quickly can a divorce be finalized in PA?
Pennsylvania law imposes a 90-day waiting period after filing to finalize the divorce agreement.
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.
Do you have to be separated for a year to get a divorce in PA?
There is a One-Year Waiting Period For Filing for a No-Fault Divorce. If a couple is seeking a divorce without establishing grounds for fault (discussed further below), then Pennsylvania law imposes a one-year waiting period from the time of separation before either spouse can file for divorce.
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?
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.
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.
Can I 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 date during a divorce in PA?
Adultery and dating while the divorce is pending would not ordinarily affect issues of child custody or support unless a parent’s new romantic relationship with the new person is shown to cause harm the children.
What happens after you file for divorce in PA?
After the complaint is filed, there is a 90-day waiting period. Each party then files a sworn statement that the marriage is irretrievably broken and that each wants a divorce, and asks the court to grant it. This type of no-fault divorce is often called a mutual consent divorce.
How long does it take to get a divorce in Montgomery County PA?
If you and your spouse filed for mutual consent divorce and agreed on all issues, your divorce could be finalized within four to six months, depending on the number of cases on the Court’s docket. It will take longer to finalize your divorce if you or your spouse are contesting issues such as property division.
Can you get a divorce without the other person signing in Pennsylvania?
If you are not separated (or not long enough), your spouse must sign… period. That is Pennsylvania law. Assuming that the two of you have been residing under separate roofs for every day of the last twelve months, a NO-fault divorce without your spouse’s signature can happen; however, it will not be low-cost.
Do you have to wait 90 days for divorce in PA?
The Pennsylvania Rules of Civil Procedure require both parties to wait ninety (90) days from the service of the Complaint before filing the consent forms. You must wait ninety (90) calendar days from the date Notice to Defend and Divorce Complaint is served (see Step Two).
Is Pennsylvania an alimony state?
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.
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.
Who gets house in divorce 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 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.
Does the wife get half in divorce in Pennsylvania?
Pennsylvania operates as an equitable distribution state, which means that marital property is divided fairly between spouses. This does not mean that assets will be split evenly among the couple. Instead, the PA Divorce Code utilizes a number of factors to determine fairness in the property division process.
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.
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 before divorce?
- Hire An Attorney. You may not know that you are not actually required to litigate a divorce.
- Cancel Joint Credit Cards.
- Keep Tight Records.
- Don’t Sign Anything.
- Choose Your Words Carefully.
- Protect Yourself.
What is wife entitled to in divorce in PA?
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.