Pennsylvania Divorce
Information and FAQ
The Commonwealth of Pennsylvania permits divorces to be granted
upon the following grounds:
1. Willful and malicious desertion for a period of one or more
years 2. Adultery 3. Cruel and barbarous treatment which endangered
the life or health of the innocent spouse 4. Bigamy 5. Imprisonment
for two or more years 6. Indignities to the innocent spouse as to
render that spouse's condition intolerable and life burdensome 7.
Institutionalization in mental institution for at least 18 months 8.
Irretrievable breakdown
A divorce based upon irretrievable breakdown may be awarded two
separate ways. First, if the parties allege that the marriage has
suffered an irretrievable breakdown and both parties file an
affidavit consenting to the divorce, the court may award a divorce
after a period of 90 days have elapsed from the date of commencement
of the proceeding. Second, if the one of the parties allege that the
marriage has suffered an irretrievable breakdown and the filing
party files an affidavit stating that the spouses have lived
separate and apart for at least 2 years and the defendant either
does not deny the allegations set forth in the affidavit of denies
on or more of the allegations but the court determines the
allegations to be true, the court may enter a decree of divorce.
Residency requirements At least one of the parties the the action
for divorce must have resided in the Commonwealth of Pennsylvania
for at least six months immediately prior the the commencement of
the action for divorce. Venue The action for divorce may be properly
brought in the county in which the plaintiff or defendant resides,
or in any county which the parties have agreed to writing or
participated in the proceedings.
Name of court and title of action/parties An action for divorce
in the Commonwealth of Pennsylvania is filed in the Court of Common
Pleas.
Alimony/spousal support/maintenance Alimony is payment made by
one party to the other after the divorce, either by court order or
by mutual agreement. This type of post-divorce payment is also
sometimes referred to as maintenance. The Divorce Code provides that
the court may allow alimony to either party "only if it finds
that alimony is necessary."
Under Pennsylvania law, married people are financially
responsible for each other — the husband has a duty to support his
wife, and the wife has a duty to support her husband. This duty
lasts until the final Decree in Divorce is granted. It doesn't stop
simply because the couple separates. Once the parties file for a
mutual-consent no-fault divorce, they must wait at least 90 days and
often significantly longer before the final Decree in Divorce is
granted. During this period, an agreement on support payments may be
appropriate if the parties are separated.
Alimony in Pennsylvania is authorized in limited situations and
is not the broad remedy that it is in other states. Alimony in
Pennsylvania is either "rehabilitative" or
"permanent" .
Rehabilitative alimony is intended to be a short-term measure
which enables a spouse to get back on his or her feet. Alimony is
awarded to enable the other spouse to go back to school or to
acquire needed skills that would enable the spouse to be competitive
in the job market. Usually a spouse who has chosen the role of
becoming a homemaker and raising children has not been able to
develop the skills necessary for productive and gainful employment.
"Permanent alimony" continues for a long period of
time, possibly until the death of the party receiving the alimony
and is usually awarded when one of the parties is unable to work due
to age physical or mental illness.
If the court determines that a spouse is eligible for alimony,
the following factors are then considered in the award:
(1) the financial resources of the spouse seeking alimony,
including both separate and community property and liabilities; (2)
the spouse's ability to meet his or her needs independently; (3) the
education and employment skills of the spouses; (4) the time
necessary for the supported spouse to acquire sufficient training or
education to enable him or her to find employment; (5) the
availability and feasibility of that training; (6) the duration of
the marriage; (7) the age, employment history, earning ability, and
physical and emotional condition of the spouse seeking alimony; (8)
the ability of the supporting spouse to meet their own needs and
make any child support payments; (9) excessive or abnormal
expenditures, concealment or destruction of any property by either
spouse; (10) the comparative financial resources of the spouses,
including medical, retirement, insurance or other benefits, and any
separate property; (11) the contribution of one spouse to the
education, training, or increased earning power of the other spouse;
(12) the contribution of either spouse as homemaker; (13) any
marital misconduct of the spouse seeking alimony; (14) whether the
party seeking alimony lacks sufficient property to provide for his
or her needs; (15) the efforts of the spouse seeking alimony to
obtain self- support skills while the divorce is pending or during
any separation; and (16) property brought to the marriage by either
spouse. (17) any tax ramifications;
Child custody and visitation A court gives the "best
interests of the child" the highest priority when deciding
custody issues. What the best interests of a child are in a given
situation depends upon many factors, including:
(1) The child's age, gender, mental and physical health (2) The
mental and physical health of the parents (3) The lifestyle and
other social factors of the parents, including whether the child is
exposed to second-hand smoke and whether there is any history of
child abuse (4) The love and emotional ties between the parent and
the child, as well as the parent's ability to give the child
guidance (5) The parent's ability to provide the child with food,
shelter, clothing and medical care (6) The child's established
living pattern (school, home, community, religious institution) (7)
The quality of the schools attended by the children (8) The child's
preference, if the child is above a certain age (usually about 12),
and (9) The ability and willingness of the parent to foster healthy
communication and contact between the child and the other parent.
Assuming that none of these factors clearly favors one parent
over the other, most courts tend to focus on which parent is likely
to provide the children a stable environment. With younger children,
this may mean awarding custody to the parent who has been the
child's primary caregiver. With older children, this may mean giving
custody to the parent who is best able to foster continuity in
education, neighborhood life, religious institutions and peer
relationships.
Child Support Child support is money paid by one parent (usually
the non-custodial parent) to the other in order that the child(ren)
receive the benefit of approximately the same amount of the combined
income of the parents as they did prior to the divorce. Pennsylvania
has estabilished Child Support Guidelines which will be used by the
court as a guide to awarding child support, or confirming the
parents' agreement as to amount of child support. A discussion of
the Guidelines can be viewed here: Pennsylvania Department of Public
Welfare
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