A mutual split – where neither party takes blame for a marriage’s dissolution – is called a no-fault divorce. There are two types of no-fault divorce in Pennsylvania. The most common, the mutual consent divorce, allows for a 90-day period after the divorce complaint has been served and consented to by both parties.
How long does a no-fault divorce take in PA?
How long does it take to get a no-fault divorce? As a general rule, you can obtain a no-fault divorce when there are no remaining financial issues in as little as four (4) months. There is a specific process from the filing and service of the initial divorce complaint through the final documents filed with the court.
What is the benefit of a fault divorce in PA?
§ 3301(a) (2022).) There’s usually little to no benefit in choosing a fault-based divorce in Pennsylvania. Having to prove fault invariably increases stress levels and tends to prolong the divorce process.
Is PA a 50/50 divorce state?
COMMON LAW. 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 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.
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 much does it cost for a no-fault divorce 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.
How much does a no-fault divorce cost in PA?
How Much Does a No-Fault Divorce Cost in Pennsylvania? The cost of no-fault divorce in PA will be around $12,000 if the case is contested, $4,000 with a lawyer in an uncontested case, or under $500 if spouses prepare their paperwork themselves or get it online.
Who pays for divorce in PA?
Generally speaking, you’re on your own for your legal fees. In certain cases wherein one party has a very good income and the other party is low or no income, it is possible to ask the Court to have the well-to-do party pay the other’s legal fees.
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.
How fast can you get divorced in PA?
In Pennsylvania a divorce can take anywhere from 90 days to a year (or more) depending on whether you filed uncontested vs. contested or on fault-based grounds and a variety of other factors.
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.
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.
How long do you have to be married in PA to get alimony?
How long do you have to be married to receive alimony? 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.
Is there spousal support in Pennsylvania?
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.
What is abandonment in a marriage in PA?
What is Spousal/Marital Abandonment? In the state of Pennsylvania spousal abandonment is recognized when: abandonment is deliberate and final, continued for an uninterrupted time of twelve months and the relationship has moved beyond any reasonable expectation of reconciliation.
What is considered cheating in PA?
Pennsylvania defines adultery as voluntary sexual intercourse with a person besides your spouse. As explained below, adultery may affect alimony and property division in Pennsylvania divorces.
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 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.
What should you not do during separation?
- First, what to do.
- Don’t Deny your Partner some Time with your Kids.
- Never Rush into a New Relationship.
- Never Publicize your Separation.
- Never Badmouth your Ex.
- Ending it With Bad Blood.
What proof do you need to prove adultery?
Proving adultery took place in your marriage is difficult but possible. Direct evidence (not hearsay) can come in the form of proof, such as eyewitness testimony or the guilty party admitting to the adultery (can be either the spouse or the paramour). There is also circumstantial evidence that can act as proof.
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 pays divorce costs?
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 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.
How long does it take to get a divorce if both parties agree?
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. These things will be dealt with separately to your divorce or dissolution.