Pennsylvania Divorce Lawyers
While Pennsylvania has no legal separation process, a period of two years must pass to allow one partner to file for a divorce without the other’s consent. In order to calculate the value of marital property more easily, both parties should live in separate places during that time. In this case, they will sign an affidavit indicating that they agree to the divorce.
According to PA divorce laws, you can also represent yourself in any legal case, including divorce proceedings. Often this is unwise, because your rights may not be adequately protected without the expertise of an attorney. Usually, the Court of Common Pleas—in the county where you (or your spouse) reside, are employed, or have a place of business—has the authority to handle divorce cases. To file your divorce complaint, you (or your spouse) must have lived in the state for a minimum of six months, and this must be able to be verified. You can establish your resident status by becoming employed, registering to vote, getting a driver’s license, registering your vehicle, and in many other ways. Also, you must not establish a residence in any other state, because this might indicate that you plan on moving out of Pennsylvania in the near future. Your divorce lawyer can help you ensure all this documentation is in proper order.
To proceed, you must also indicate your grounds for divorce in order to avoid a “motion to dismiss” from your spouse. After that, your spouse has 30 days (within PA), 60 days (within the United States), or 90 days (outside of the country) to respond to your petition. If there is no response, your divorce will be granted by “mutual consent,” and you will not have to appear in court.
In Pennsylvania, the grounds for divorce when one party is considered to be at fault, include:
- Desertion for the period of one year or more with no possibility of reconciliation
- Extreme cruelty (either mental or physical)
- Bigamy
- Receiving a two-year prison sentence for conviction of a crime (misdemeanor or felony)
- A serious mental disorder leading to confinement in mental institution, with certain stipulations in regard to time
This type of divorce requires the client to appear in court and provide sworn testimony, and a no-fault” divorce does not. In a non-contested divorce, both parties must agree on issues such as child support, retirement benefits, and alimony.
When you divorce, the assets and debts that you acquired while you were married will be divided equally between you and your spouse. In dividing the property between the parties obtaining a divorce, the judge will consider the number of years the couple has been married, any prior marriages, the overall status and sources of income of either spouse, the contributions made by either party to the marriage, the possibility of future assets and income, the standard of living the couple has established, tax consequences, the custodial parent, and certain other factors. A Pennsylvania divorce lawyer can also be of assistance in the negotiation process that will take place between you and your spouse.
All in all, divorce is a difficult time for everyone involved. There are also complicated legal requirements that need to be followed. Hiring a professional PA divorce lawyer can make the process much more hassle-free, and help you reach a conclusion in a timely manner.