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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