DIVORCE LAW FORUM

     

PENNSYLVANIA DIVORCE LAW

RESIDENCY REQUIREMENTS:

In order to file a Complaint for Divorce of Dissolution in Pennsylvania at least one spouse must have been a resident of the state for at least six months immediately prior to the filing of the action. A proceeding for divorce or annulment may be brought in the county where the defendant resides, or if the defendant resides outside of the commonwealth the action can be filed where the plaintiff resides.

[See Pennsylvania Consolidated Statutes - Title 23 - Section: 3104]

GROUNDS FOR DIVORCE:

1.       Mutual consent. A court may grant a divorce if a party alleges that the marriage is irretrievably broken and at least 90 days have elapsed from the date of filing of an action under and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce.

2.       Irretrievable breakdown. A court may grant a divorce if a complaint has been filed which alleges that the marriage is irretrievably broken and an affidavit has been filed alleging that the parties have lived separate and apart for a period of at least two years.

3.       Fault. The court may grant a divorce to the innocent and injured spouse whenever it is determined through introducing evidence in open court that the other spouse has either; committed willful and malicious desertion, and has been absent from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years; committed adultery; has been guilty of cruel and barbarous treatment, endangering the life or health of the injured and innocent spouse; knowingly entered into a bigamous marriage while a former marriage is still subsisting; been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime; offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome.

4.       Institutionalization A court may grant a divorce from a spouse on grounds that insanity or serious mental disease or defect has resulted in confinement in a mental institution for at least 18 months immediately before the commencement of an action and where there is no reasonable prospect that the spouse will be discharged from inpatient care during the 18 months subsequent to the commencement of the action.

[See Pennsylvania Consolidated Statutes - Title 23 - Section: 3301]

SPOUSAL SUPPORT:

Upon entry of a final decree of divorce, a court may allow alimony, as it deems reasonable, to either party but only if it finds that alimony is necessary. In determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors, including the following:

1.                    The relative earnings and earning capacities of the parties.

2.                    The ages and the physical, mental and emotional conditions of the parties.

3.                    The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.

4.                    The expectancies and inheritances of the parties.

5.                    The duration of the marriage.

6.                    The contribution by one party to the education, training or increased earning power of the other party.

7.                    The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.

8.                    The standard of living of the parties established during the marriage.

9.                    The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.

10.                 The relative assets and liabilities of the parties.

11.                 The property brought to the marriage by either party.

12.                 The contribution of a spouse as homemaker.

13.                 The relative needs of the parties.

14.                 The marital misconduct of either of the parties during the marriage.

15.                 The Federal, State and local tax ramifications of the alimony award.

16.                 Whether the party seeking alimony lacks sufficient property to provide for the party's reasonable needs.

17.                 Whether the party seeking alimony is incapable of self-support through appropriate employment.

 

MEDIATION OR COUNSELING REQUIREMENTS:

A court may, after the filing of an action for divorce, notify both parties of the availability of counseling and, upon the request of either party, provide both parties a list of qualified professionals who provide such services. A court may also require the parents to attend counseling sessions and may consider the recommendations of the counselors prior to awarding sole or shared custody.

[See Pennsylvania Consolidated Statutes - Title 23 - Sections: 3302 and 5305]

 

PROPERTY DISTRIBUTION:

In a divorce or annulment, a court can, upon request of either party, equitably divide, distribute or assign, in kind or otherwise, the marital property of the parties without regard to marital misconduct in such proportions and in such manner as the court deems just after considering all relevant factors, including:

1.                    The length of the marriage.

2.                    Any prior marriage of either party

3.                    The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties.

4.                    The contribution by one party to the education, training or increased earning power of the other party.

5.                    The opportunity of each party for future acquisitions of capital assets and income.

6.                    The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.

7.                    The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker.

8.                    The value of the property set apart to each party.

9.                    The standard of living of the parties established during the marriage.

10.                 The economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective.

11.                 Whether the party will be serving as the custodian of any dependent minor children.

All real or personal property acquired by either spouse during the marriage and for the benefit of the marriage is presumed to be marital property.  This is true regardless of whether title is held individually or by the parties in some form of co-ownership such as joint tenancy, tenancy in common or tenancy by the entirety.

[See Pennsylvania Consolidated Statutes - Title 23 - Sections: 3501 & 3502]

SPOUSE'S NAME:

Either spouse, who is divorced, may resume any prior surname used by him or her by filing a written notice to such effect in the office of the clerk of the court in which the decree of divorce was entered, showing the caption and docket number of the proceeding in divorce.

[See Pennsylvania Consolidated Statutes - Title 23 - Section: 704]

CHILD CUSTODY:

When determining custody of minor children, partial custody or visitation to either parent, a court shall consider, among additional relevant factors, which parent is more likely to encourage, permit and allow frequent and continuing contact, visitation and physical access between the non-custodial parent and the child. In addition, a court shall consider each parent and adult household member's present and past violent or abusive.

A court shall award sole custody when it is in the best interest of the child. Also, an order for shared custody may be awarded by a court when it is in the best interest of the child. Shared custody will be awarded when either of the following have occurred:

1.                    Upon application of one or both parents.

2.                    When the parties have agreed to an award of shared custody.

[See Pennsylvania Consolidated Statutes - Title 23 - Section: 5303]

CHILD SUPPORT:

Pennsylvania employs the "Income Shares" model to determine child support. Child and spousal support shall be awarded pursuant to the Pennsylvania Child Support Guidelines so that persons similarly situated shall be treated similarly. The child support guideline are based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support. When a court is determining the reasonable needs of the child or spouse requesting support and the ability of the obligor to provide support, the guideline shall place primary emphasis on the net incomes and earning capacities of the parties, with allowable deviations for unusual needs, extraordinary expenses and other factors, such as the parties' assets, if they warrant special attention. In every proceeding to establish or modify an order for the payment of child support, a court must determine the ability of each parent to secure health care coverage for the parties’ children, and any order shall provide health care coverage for each child if possible.

A court may order either or both parents who are separated, divorced, unmarried or otherwise subject to an existing support obligation to provide equally for educational costs of their child whether an application for this support is made before or after the child has reached 18 years of age. The responsibility to provide for postsecondary educational expenses is a shared responsibility between both parents.

[See Pennsylvania Consolidated Statutes - Title 23 - Sections: 4322, 4326, and 4327]

 

 

 

Disclaimer

This site is not meant to provide legal representation or to be relied on in place of an attorney. We recommend that anyone serious about going forward with a Divorce or Child Custody claim seek the advice and counsel of a qualified attorney in their respective state.

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