Pennsylvania divorce laws
Child
Support
 The
child support guidelines in Pennsylvania
are based on the Income Shares Model, and
are spelled out in Pennsylvania divorce laws.
[What does that mean specifically?] The model
is based on the concept that the child of
separated or divorced parents should receive
the same proportion of parental income that
she or he would have received if the parents
lived together. [Should you have a need to compute
child support as it relates to your situation,
you may use this link to do so (be aware
you are taken off-site so you may wish to
bookmark this page first)].
What are the liabilities for child support?
Pennsylvania divorce laws specify the following:
1. Married persons are liable for the support
of each other according to their respective
abilities to provide support as provided
by law. 2. Parents are liable for the support
of their children who are un emancipated
and 18 years of age or younger. 3. Parents
may be liable for the support of their children
who are 18 years of age or older. The Pennsylvania
court may deviate from the guidelines for
unusual needs, extraordinary expenses and
other factors, and may order selling some
of the parties' assets, as warrants special
attention. An order to pay the costs of health
care or any other cost not covered under
the general guidelines for child support
can be put in place. Payment of support in
the form of temporary or permanent alimony
can be ordered alongside a child support
order. [A word of caution: Don't let anger
cause you to cancel insurance or any other benefit to
your spouse or child prior to any rulings.
Such action can have a negative impact on
your efforts to achieve a fair settlement.
A fair amount of child support should be
paid until the court directs how much specifically
should be paid.]
| Divorce Myth: Military personnel must obtain a military divorce. Reality: There is no such thing as a military divorce. Everyone must go through the divorce process in the state they are a resident of. |
Residency
Requirements
How long does one need to live in Pennsylvania
to file for divorce in in this state? An
action for divorce or annulment
may
be brought
in the
county:
- where
the
defendant
resides;
- if
the
defendant
resides
outside
of
this
Commonwealth,
where
the
plaintiff
resides;
- the marital domicile,
if
the
plaintiff
has
continuously
resided
in
the
county;
- prior
to
six
months
after
the
date
of
final
separation
and
with
agreement
of
the
defendant,
where
the
plaintiff
resides
or,
if
neither
party
continues
to
reside
in
the
county
of
matrimonial
domicile,
where
either
party
resides;
or
- after
six
months
after
the
date
of
final
separation,
where
either
party
resides
[If you have any questions about residency,
you can ask the Clerk's Office connected
to the Family Law or Domestic Relations divisions],
or refer to Pennsylvania divorce statutes.
Child
Custody
 In the consideration and award of child custody, the court will determine which parent is more
likely
to encourage,
permit
and
allow
frequent
and
continuing
contact
and
physical
access
between
the
non custodial
parent
and
the
child.
The
court
will
also consider
each
parent
and
adult
household
member's
present
and
past
violent
or abusive
conduct
in its determination. [You might read this as a suggestion that if you make the proceedings too contentious, it could backfire on you]
An
order
for
shared
custody
may
be awarded
by the
court
when
it is
in the
best
interest
of the
child: child
custody
- upon
application
of
one
or
both
parents;
- when
the
parties
have
agreed
to
an
award
of
shared
custody;
or
- in
the
discretion
of
the
court
The
court
may
require
the
parents
to attend
counseling
sessions
and
may
consider
the
recommendations
of the
counselors
prior
to awarding
sole
or shared
custody [If you go to counseling, be aware that if you appear uninvolved or disengaged, that indifference can be reported back to the court]
The
court
may
require
the
parents
to submit
to the
court
a plan
for
the
implementation
of any
custody
order.
Upon
the
request
of either
parent
or the
court,
the
domestic
relations
section
of the
court
or other
party
or agency
approved
by the
court will
assist
in the
creation
and
implementation
of your
plan.
Grounds
for
Divorce
 Pennsylvania
divorce statutes permit that divorces
be dissolved either through fault grounds or irreconcilable
differences. The court may grant a divorce to the innocent and
injured spouse whenever it is judged that the other spouse has:
-
Desertion of the home and/or family without reasonable cause after a period of one year or more
-
Committed adultery
-
By cruel treatment, endangered 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.
-
Cruelty toward the innocent and injured spouse
The court may grant a divorce from a spouse upon the ground that insanity or serious mental disorder has resulted in confinement in a mental institution for at least 18 months prior to the filing 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. The court may grant a divorce where both parties declare that the marriage is irretrievably broken and 90 days have elapsed from the date of initial filing and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce. [No kids and no arguments over assets? You can be out and on your way in a matter of months].
| Divorce Myth: Living together before marriage is a good way to reduce the chances of eventually divorcing. Reality: Many studies have found that those who live together before marriage have a considerably higher chance of eventually divorcing. The reasons for this are not well understood. In part, the type of people who are willing to cohabit may also be those who are more willing to divorce. There is some evidence that the act of cohabitation itself generates attitudes in people that are more conducive to divorce, for example the attitude that relationships are temporary and easily can be ended. |
Mediation
A
court
may
establish
a mediation
program
for
the parties. A variety of conditions can cause the court to order mediation or counseling. The parties can also be requested to attend one or more counseling sessions.
Alimony
 This
hot potato and its treatment is detailed in Pennsylvania divorce
statutes. In
an action for separation or divorce, the court may allow alimony
to either party only if it finds that alimony is necessary. In
determining whether
alimony
is necessary
and
under what conditions,
the
court
will
consider
all
relevant
factors,
including: alimony
- The
relative
earnings
and
earning
capacities
of
the
parties.
- The
ages
and
the
physical,
mental
and
emotional
conditions
of
the
parties.
- The
sources
of
income
of
both
parties,
including,
but
not
limited
to,
medical,
retirement,
insurance
or
other
benefits.
- The
expectancies
and
inheritances
of
the
parties.
- The
duration
of
the
marriage.
- The
contribution
by
one
party
to
the
education,
training
or
increased
earning
power
of
the
other
party.
- 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.
- The
standard
of
living
of
the
parties
established
during
the
marriage.
- 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.
- The
relative
assets
and
liabilities
of
the
parties.
- The
property
brought
to
the
marriage
by
either
party.
- The
contribution
of
a
spouse
as
homemaker.
- The
relative
needs
of
the
parties.
- The
marital
misconduct
of
either
of
the
parties
- Tax
ramifications
of
the
alimony
award.
- Whether
the
party
seeking
alimony
lacks
sufficient
property,
to
provide
for
the
party's
reasonable
needs.
- Whether
the
party
seeking
alimony
is
incapable
of
self-support
through
appropriate
employment.
The
court
in ordering
alimony
will
determine
the
duration
of the
order,
which
may
be for
a definite
or an
indefinite
period
of time
which
is reasonable
under
the
circumstances. Remarriage
of the
party
receiving
alimony
will
terminate
the
award
of alimony.
| Divorce Myth: Having a child together will help a couple to improve their marital satisfaction and prevent a divorce. Reality: Many studies have shown that the most stressful time in a marriage is after the first child is born. Couples who have a child together have a slightly decreased risk of divorce compared to couples without children, but the decreased risk is far less than it used to be when parents with marital problems were more likely to stay together “for the sake of the children”. |
Waiting
Period
Other than residency requirements, no waiting periods apply to divorce in Pennsylvania. Either party must be a resident of Pennsylvania for a minimum of 6 months prior to the filing.
Grandparents
Rights
If a parent of an unmarried child is deceased, the parents or grandparents of the deceased parent may be granted reasonable partial custody or visitation rights, or both. [Filing a motion during the divorce proceeding rather than later in a separate docket item may make the process easier and less costly]. In all proceedings for dissolution, the court may grant to grandparents reasonable partial visitation rights if it finds that visitation rights or partial custody, or both, would be in the best interest of the child.
Dividing
Assets
 Pennsylvania is an "equitable distribution" state. When parties are not able to come to an agreement regarding property, the court will intervene, first in identifying and separating pre-marital assets to the individual parties, and then dividing the marital assets equitably but not necessarily evenly. Relevant factors in determining the division of assets can include:
-
The length of the marriage.
-
Any prior marriage of either party
-
The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties.
-
The contribution by one party to the education, training or increased earning power of the other party.
-
The opportunity of each party for future acquisitions of assets and income.
-
The sources of income of both parties
-
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.
-
The value of the property set apart to each party.
-
The standard of living of the parties established during the marriage.
-
The economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective.
-
Whether the party will be serving as the custodian of any dependent minor children.
Did you come into this marriage owning a house? Concerned
about the equity in that house that you brought into the marriage?
Here's how it works generally. What you brought into the marriage
is usually all yours. However, any appreciation of the house or the
property value is normally treated as a "marital asset",
meaning that you will likely forfeit a third to a half of that appreciation
to your spouse in the divorce.
|
