Divorce in Pennsylvania begins with either spouse filing papers stating the grounds for divorce. Grounds for divorce in PA can be either no-fault or fault. There are two ways to get a no-fault divorce.
First, the parties can mutually consent the marriage is irretrievably broken and if 90 days have passed since commencement of the action, divorce will be granted.
The second way to get a no-fault divorce is for one spouse to petition the court that the marriage is irretrievably broken and the parties have lived separate and apart for at least two years.
A spouse can seek a divorce on grounds of fault if one of the following has occurred, according to Pennsylvania Statutes, Title 23, Section 3301:
- Adultery
- Bigamy
- Cruel and inhuman treatment endangering the life or health of the spouse
- Imprisonment
- Personal indignities
- Confinement in a mental institution
Property- Divorce in PA
In Pennsylvania assets and debts acquired during marriage are divided equitably upon divorce. Assets owned by one spouse before marriage, separate property and property received by inheritance will be considered as separate property.
If the parties cannot come to an agreement as to how to split the property, the court will consider factors, such as:
- Length of the marriage
- Any prior marriage of either party
- The age, health, station, income, vocational skills, employability, estates, liabilities and needs of each party
- The contribution by one party to the education, training or increased earning power of the other party
- The services of each party as a parent, wage earner or homemaker
- The value of the property set apart to each party
- The standard of living the parties established during the marriage
- The tax consequences of the distribution
- The opportunity of the parties to acquire future income and assets
Sources of income - With whom the children will reside the majority of the time
Alimony
Pennsylvania courts will order alimony if needed and reasonable. Alimony is rarely permanently awarded. In deciding whether to award alimony, the court will consider:
- The relative earnings and earning capacities of the parties
- The ages and health of the parties
- The length of the marriage
- The contribution by one party to the education, training or increased earning power of the other party
- Custody of minor children
- Sources of income
- Standard of living during marriage
- The relative education of the parties and any education and training needed by a spouse to prepare for finding a suitable job
- Contributions of the homemaker
- Property of each spouse and whether a spouse is capable of self-support
Child custody
Child custody in Pennsylvania is decided solely on the basis of the best interest and welfare of the child. The court will look at:
- The child’s preference
- The ability of each parent to provide for the child’s physical, intellectual, emotional well-being
- Which parent is more likely to foster frequent and continuing contact between the child and the non-custodial parent
- Abusive or criminal conduct by either party
Child support is based on combined net income of the parents as well as how many children the parent is responsible for supporting. The court will also determine the ability of each parent to provide health-care coverage for the child.
The court may set aside a portion of assets of the parties in a separate fund for the support and education of the children.
If there is a substantial change in a parent’s income, modifications can be made to child support orders.
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