How much is a family lawyer in PA?

How much does a family lawyer charge in Pennsylvania? The average hourly rate for a family lawyer in Pennsylvania is $262 per hour.

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.

How much does a no contest divorce cost in PA?

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.

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?

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.

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.

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.

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.

Is PA no fault 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.

How do you get legally separated in PA?

In Pennsylvania, there is no legal “separation”. In other words, there is no formal process or court order required to be considered “separated” in Pennsylvania.

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.

How quick can I divorce?

A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children.

How soon can I start divorce proceedings?

There’s no legal time limit on when you can start divorce proceedings, as long as you’ve been married for one year. You can begin divorce proceedings as soon as you separate.

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.

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.

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.

Is adultery a crime in PA?

Cheating in Pennsylvania is not a crime. But, there are many other real and significant ramifications that make adultery as serious as a crime. Adultery still counts as a civil matter for Pennsylvania divorce courts, and it is a heavily weighed factor in the divorce proceeding.

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.

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.

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.