Pennsylvania is an Equitable Distribution State

Pennsylvania law follows an equitable distribution model of splitting up marital debt and assets. This means that the court begins with a presumption of a 50/50 split, but then makes a decision based on fairness. The court will look at factors such as who was the primary earner in the marriage, the health and education of both parties, and which spouse will have primary custody of any children of the marriage and then grant each marital asset to one spouse or the other. These decisions are ultimately left up to the discretion of the court, making them highly variable, but an experienced attorney will usually have good insight to predict how things might go.

Pennsylvania's "Cooling Off" Period

In Pennsylvania, a minimum of 90 days must elapse between the initial divorce filing and when the court may issue a divorce decree in a mutual consent divorce. In cases of mutual consent divorce, this “cooling off” period represents the absolute minimum amount of time it can take to end your marriage under the law. In practice, you can expect it to take considerably longer to procure a divorce decree, whether or not you allege fault. If you have hired an attorney and speeding up the divorce proceedings is a priority for you, you should let them know. You may have to be a bit more flexible with regard to the settlement terms, but a good lawyer will be eager to work with your specific needs.

Pennsylvania Grounds for Divorce

In Pennsylvania, there are six possible grounds for a fault divorce: desertion, adultery, cruel and barbarous treatment, bigamy, imprisonment, and indignities. If you choose to allege one of these fault grounds at the time of filing, you will be required to prove it in court as you would in any other civil case. This does not typically affect how debts and assets are divided, but proving fault can have an impact on alimony decisions. Pennsylvania also offers three possible no-fault grounds: separation of a period of at least one year, institutionalization of one spouse, and mutual consent. The latter requires an additional piece of paperwork known as a mutual consent affidavit. This affidavit simply states that both parties wish to end the marriage on the basis of its “irretrievable breakdown.”

Pennsylvania Child Custody

There are two kinds of child custody -- physical and legal. Physical custody deals with where the child is living and which parent is responsible for his or her day-to-day care. Legal custody deals with how important decisions are made for the child regarding topics like healthcare, religion, and education. Physical and legal custody do not have to be split up the same way; parents can choose an arrangement that works for their family, or else a judge will issue a custody order. Pennsylvania does not show favor toward parents of either gender for the purposes of custody determinations, and some form of shared custody will be awarded if both parties are determined to be fit parents.

Pennsylvania Child Support

Pennsylvania calculates child support based on the income of both parents, certain expenses associated with raising the child[ren], and how much time each parent has the child[ren] in their custody. Usually child support ends when the child reaches age 18 or graduates from high school (whichever happens later), but the court may extend child support if the child is in college or has special needs.

Pennsylvania Co-Parenting

For couples with kids, one of the most important aspects of negotiating a marital settlement agreement is developing a parenting plan. This plan will outline whether custody and parenting time will be shared equally or one parent will be the child’s primary caregiver. You can visit www.custodyexchange.com for examples of common co-parenting schedules.

Pennsylvania Alimony

Alimony -- sometimes called spousal support or maintenance -- is money that the law requires one spouse to pay the other following the dissolution of their marriage. Alimony is usually paid on a monthly basis, and it is completely separate from child support. In Pennsylvania, there is no set formula for alimony. Instead, the court will make a determination at their discretion, keeping in mind factors like the duration of the marriage, misconduct on the part of either spouse, the age and health of each spouse, and the relative earning capacity of the parties. If divorcing couples prefer, they are also allowed to negotiate alimony on their own.

Pennsylvania Filing Fee

When filing for divorce, the parties will be responsible for paying a filing fee to the county court. The fee amount varies county to county, ranging from about $150 to about $400 for a basic divorce. There may be additional fees if there are factors which complicate the marriage, like if there are children of the marriage or if the either party is seeking injunctive relief of some kind.

Pennsylvania Residency Requirements

In order to get divorced in Pennsylvania, at least one spouse must have resided in the state for at least six months prior to filing. Additionally, the filing spouse must petition for divorce in either the county in which they live, the county in which their spouse lives, or the county in which either party has a place of business.

Pennsylvania Divorce Courts

• Pennsylvania Family Law Information

• Pennsylvania Court Contact Information

Pennsylvania Divorce Articles

• Ten Steps in an Uncontested Divorce

• 48 Divorce Statistics

• What is an online divorce

• Online divorce in New York
  
  
• Online divorce in Florida
  
  
• Online divorce in Georgia

• Online divorce in Texas
  
  
• Online divorce in Ohio
  
  
• Online divorce in Illinois

• Online divorce in Illinois
  
  
• Online divorce in New Jersey
  
  
• Online divorce in Virginia

Pennsylvania courts are currently operational, subject to social distancing and safety protocols set forth by the governor’s office. Health and safety procedures may vary slightly by county, so visit your local court’s website for more information. There may also be court delays associated with the current public health crisis. If you opt for an online divorce with It's Over Easy, your divorce will most likely be unaffected by COVID-19.