What happens when 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.

What is a wife entitled to in a divorce in Pennsylvania?

A spouse is entitled to alimony only if the court decides that alimony is “necessary.” To decide whether alimony is necessary, how much should be paid, and how long it should be paid, the court must consider many factors – including but not limited to the relative income and earning capacities of the parties, the ages …

How long do you have to be separated in PA to get a divorce?

To obtain a no-fault divorce, you and your spouse must have been separated for two years before filing or you both must consent to the divorce. Additionally, a judge won’t grant your no-fault divorce right away. Once you’ve filed your case, there is a 90-day waiting period before your divorce can be finalized.

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What is the process for divorce in Pennsylvania?

To obtain a divorce in Pennsylvania, one spouse must have been a resident of the state for at least six months before the filing.

  1. File the Complaint. …
  2. Serve Your Spouse and File Proof of Service. …
  3. Consents and Other Documents. …
  4. Finalize the Divorce.

What qualifies you for alimony in PA?

An award of alimony is based on the determination of 17 factors set forth in the Pennsylvania Divorce Code. These factors include the earnings and/or earning capacities of the parties, the length of the marriage, the ages of the parties, and the standard of living the parties established during the marriage.

Who gets house in divorce PA?

In Pennsylvania, only the marital property will be divided. The court presumes that any property you acquire during marriage is marital property, regardless of what title says. If you want to keep an asset out of the division, then you will have to show the court why it should be characterized as non-marital property.

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.

How much does the average divorce cost in PA?

The average cost for a divorce in Pennsylvania is about $14,300 if no kids are involved and about $21,500 if kids are involved.

What happens if spouse doesn’t sign divorce papers in PA?

If the served spouse does not respond in time, the divorce can be finalized by only one party. If your spouse will not leave the family home and thus initiate the separation, under 23 Pa. C.S. § 3502(c) you can file for exclusive possession of the family home.

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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.

Do I need a lawyer to file for divorce in PA?

If you are considering a divorce in Pennsylvania, you can do it with or without a lawyer. However, you will be held to the same standard as attorneys. You must follow both statewide and local rules.

Is adultery grounds for divorce in Pennsylvania?

Although you can file for no-fault divorce in Pennsylvania, adultery is still a ground for a fault divorce. … Grounds for fault divorce include adultery, cruelty, desertion, and conviction of a crime or incarceration.

Is alimony mandatory 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.

Can you go to jail for adultery in PA?

People who commit adultery in Pennsylvania can no longer be prosecuted for it. However, a spouse can still be considered at fault for a divorce because of their infidelity. The court may give the adulterer a smaller portion of the property as a result of their infidelity.

How long is alimony 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.

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