Although nobody can predict how any one divorce will progress, it can help to have a sense of what to expect at each step of the journey. It’s important, though, to know the specific protocol in the state where you’re filing for divorce, because each state is a little different.
If you’re seeking a divorce in PA, this article will help you learn the ins and outs of the process, from the grounds for divorce to the steps to file to child custody and more. This way you’ll have a better sense of what you may face and how an attorney can help.
What are the types of divorce in PA?
Pennsylvania recognizes two types of divorces:
- No-fault divorces require no proof of wrongdoing on the part of either spouse.
- Fault divorces require one spouse to claim that the other spouse committed wrongdoing that led them to want a divorce.
People may desire a no-fault divorce because they can usually be settled without the need for a trial. Fault divorces require a court case and are therefore typically more time-consuming and expensive.
What are the legal grounds for divorce in Pennsylvania?
The grounds for divorce in PA vary based on the type of divorce.
No-fault grounds for divorce
- Irretrievable breakdown: The marriage isn’t working and can’t be fixed.
- Institutionalization: One spouse has been in a mental health institution for at least 18 months, and evidence suggests that the spouse won’t be released in the 18 months after their partner files for divorce.
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Fault grounds for divorce
- Adultery: One spouse has sexual relations outside of the marriage.
- Willful desertion: One spouse has lived away from the other with no reasonable cause for at least a year.
- Cruel and barbarous treatment: One spouse has put the other’s life at risk, making living together unsafe and improper. Examples of this include abuse and domestic violence.
- Bigamy: One spouse was already married, and the other didn’t know this when they got married.
- Imprisonment: One spouse has been convicted of a crime and has been in prison for more than two years.
- Indignities: One spouse has made the other’s life unbearable.
What are the residency requirements for divorce in Pennsylvania?
In order to file for divorce in PA, at least one spouse must have lived in Pennsylvania for six months before filing. The spouse filing for divorce may file in a county where either party has resided for a minimum of six months.
Can I get spousal support? What factors will a judge consider?
A spouse divorcing in PA may be entitled to spousal support (also called alimony pendente lite) to assist them during the divorce. They may also be entitled to alimony after the divorce to enable them time to become self-supporting. Lifetime alimony is highly unusual in Pennsylvania.
The judge takes many factors into account when determining spousal support, including:
- The earnings and earning capabilities of each spouse, relative to each other
- Each party’s current assets, such as retirement funds and property
- Each spouse’s insurance benefits
- Each spouse’s potential inheritances
- The length of the marriage
- The support one spouse may have provided the other so they could further their education
- The standard of living both spouses are used to
- How each spouse would be affected by serving as the custodial parent to shared minor children
- The amount of education each spouse has and the length of time it would take for the spouse seeking alimony to acquire the necessary training or degree to get the sort of job they’re hoping for
- If a spouse was the homemaker, their contributions in that role
- Any marital indiscretions
- Whether the spouse seeking support is incapable of supporting themselves
How is marital property divided in Pennsylvania?
In a divorce in PA, marital property is divided equitably. This doesn’t necessarily mean equally—rather, property is divided in a way that’s fair given the circumstances of the case.
If the spouses can reach a consensus about marital property outside of court, they include this information in their marital settlement agreement. This document is presented to the court at the time that the request for the final divorce decree is made.
If the spouses go to trial for equitable distribution, the court determines how to divide any marital property. Relevant factors they might consider when doing so include:
- Each spouse’s potential opportunity to purchase more property given their future earning abilities
- Each spouse’s economic circumstances at the time of the division of assets
- How expensive each piece of property/asset was and how much money might be made off their sale
- Which parent, if either, will serve as the primary custodial parent of any shared minor children
- Whether the spouses were married before
- The sources of each spouses’ income
How is child custody determined in Pennsylvania?
When determining the terms of child custody in Pennsylvania, a judge takes the following into account:
- Any evidence of abuse committed by either spouse toward the child or someone else, and which spouse can be trusted to keep the child safe
- The parental responsibilities each parent currently performs
- The child’s wishes (depending on their maturity level and age)
- Whether either parent has attempted to turn the child against the other parent
- Which parent seems more likely to want to keep the other parent in the child’s life
- Which parent is more likely to attend to the child’s daily needs
- How close the parents live to each other
- The ability of the spouses to work together in the rearing of their child
- Any history of drug or alcohol abuse
If the spouses reach an agreement about child custody outside of the courtroom, they can include this in their divorce settlement agreement. Unlike other issues often addressed in a marital settlement agreement, custody can be modified based upon a change in either party’s circumstance.
How is child support determined in Pennsylvania?
Child support in PA is typically determined by the monthly net combined income of both parents. The amount of child support paid depends largely on:
- The monthly financial needs of the child/children in question
- The amount of money each parent contributes to the net monthly income
- Which parent was the homemaker
- The number of children being supported
If the parent responsible for paying child support makes less than $550 per month, the formula considers their income as the money left after deducting that individual’s actual living expenses.
The Pennsylvania Department of Human Services child support calculator can help shed light on how much you may expect to pay or receive. Keep in mind that this is an estimate.
How to file for divorce in PA
The basic steps to file for divorce in PA are as follows.
1. Complete the paperwork
The exact forms you need to fill out depend on whether your spouse consents to the divorce or not, as well as which court you’re filing in. Make copies of everything before filing.
2. File the papers
File the papers in the county where you or your spouse lives. When filing, you need to pay a court filing fee, which is currently about $200 to $300 depending on the county where you’re filing.
3. Serve the papers
You need to serve the paperwork to your spouse within 30 days of filing, or within 90 days if they don’t live in Pennsylvania. You can serve the papers in one of the following ways:
- By mail: Use regular and certified mail, return receipt requested, restricted delivery to mail the papers to your spouse. Also complete an affidavit of mail by service form.
- In person: Use a process server or another adult not involved in the divorce to serve a time-stamped copy of the notice to defend and the complaint on your spouse. Either your spouse will sign an acceptance of service, or the adult individual who served your spouse will sign an affidavit of service form that must be filed with the court.
4. Mandatory waiting period
You must wait 90 days after your spouse is served before you both sign an affidavit of consent and waiver of notice. These indicate that you both agree to move forward with the divorce. These documents must be filed within 30 days of being signed.
5a. No-fault divorce: Alternative dispute resolution
If the parties are able and willing to communicate and work together, they may choose mediation, collaborative law or another alternative dispute resolution method to reach an agreement on the terms of the divorce. If they reach an agreement, they create a divorce decree and then submit that to the court for a judge to review.
If a judge determines that the agreement is fair and just, they issue the final divorce decree, making the divorce official. This may happen at an in-person hearing, or you may receive the final divorce decree in the mail without having to appear in court. It depends on where you file the paperwork.
5b: Fault divorce: Trial
If you and your spouse can’t reach an agreement on all terms of the divorce, you need to go to court. If you choose to work with a lawyer, they’ll present your case before a judge. After hearing your and your spouse’s sides of the story, the judge will rule on all the issues of the divorce and create a divorce decree stipulating these terms. Then the divorce is official.
How long will it take to get divorced in Pennsylvania?
It’s difficult to say exactly how long it will take to get divorced in PA because it’s circumstantial.
Given the 90-day waiting period (which starts after service is completed), all divorces in PA take longer than three months. How much longer it takes depends to some degree on whether you and your spouse can reach an agreement on the terms. The longer it takes to sort out your divorce decree, the longer your divorce will take. Going to trial may take even longer, as you’re subject to the court’s calendar.
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How much does divorce cost in Pennsylvania?
The cost of divorce in PA varies from case to case. Some of the factors that affect the cost are the length of time it takes to get divorced, the lawyers you hire and whether you and your spouse are amicable.
One cost everyone has to pay, though, is a filing fee, which currently is about $200 to $300 depending on the county. You can apply for a fee waiver if you can’t afford this.
The main additional cost is attorney’s fees. Lawyers typically charge by the hour, and there’s a wide range of rates. The more time your case takes, the more expensive it may become.
Can we agree to a divorce settlement outside of court?
You can agree to a divorce settlement outside of court in Pennsylvania. However, this is only possible if you and your spouse are willing and able to communicate and work collaboratively. (You may want the help of a lawyer and/or a mediator or arbitrator for this.)
When to speak to a divorce attorney
A divorce can be a lot to handle on your own, and anyone who isn’t an attorney may be confused by the documents and various steps of the divorce process. You don’t need to work with a lawyer, but some people find it’s well worth the cost.
An experienced lawyer can explain your options and answer all your questions. They can also help you work with your spouse through mediation or another method to reach a settlement agreement. Or, if you go to trial, they know the ins and outs of hearings and can present your case in the best light.
If you choose to not work with a lawyer, have a support system to lean on during this difficult time. Nobody should go through a divorce alone.
