Pennsylvania Divorce Law
Under Pennsylvania Law, you have the right to represent yourself in all legal cases, including divorce. The legal term for representing yourself is “pro se,” pronounced “pro say” which is Latin for “on your own behalf. It is important to understand that by representing yourself, you may be giving up important rights. It is very important for you to find out if your spouse has a pension, retirement account, insurance or other significant property before you decide whether to file your own divorce. If you do not ask for such things in the divorce, you will give them up forever. This will give you an indication on how to proceed with the divorce. The law limits the authority of the court to grant divorces known as a question of jurisdiction-can this court hear this divorce? The law also dictates when the court has jurisdiction over a divorce proceeding.
Divorce in Pennsylvania – Your Complete Starter Guide
When you walk down the aisle, you probably assume the union you are about to enter into will last a lifetime. Unfortunately, sometimes marriages end in divorce, which on top of personal turmoil can bring a host of legal and financial issues. If you live in Pennsylvania, this guide will explain everything you need to know about divorce in the Keystone State, from child support to retirement plan division. If you are in the midst of a divorce or about to file for one, it might make sense to find a financial advisor to help you through the process.
Date Defendant’s Affidavit of Consent was executed/signed COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO.
For example, the date of separation is important to properly identify and value assets which are owned jointly or individually by the couple. In Pennsylvania, when a couple separates it does not have to be a physical separation. In fact, spouses can be separated while still living in the same house, possibly even in the same bedroom. The key factor to consider is when did the spouses stop behaving like a married couple. In all cases, if one party decides to file a divorce complaint that is the latest date that a court will consider the parties to have separated.
In the event a complaint in divorce is filed and served, it is presumed that the parties commenced living separate and apart no later than the date that the complaint was served. The single most important factor is to determine when a couple ceases to act as husband and wife. Therefore, separation can occur when one spouse leaves the marital residence with no intention of returning or when one spouse clearly communicates to the other their intention to end the marriage.
However, it is unlikely that any one of these factors on its own would be sufficient to determine the date of separation. Instead, it is most important to look at the overall relationship and interaction between the spouses to determine when they separated under Pennsylvania law. Although there is no such thing as a legal separation in the Commonwealth of Pennsylvania, if you are considering separation or divorce , a wide variety of factors must be considered in order to determine your separation date.
Failure to do so could result in significant financial and other repercussions that may be surprising in the event a divorce action eventually ensues. To schedule a consultation, contact Adam H. Adam H.
Can You Date During Separation Before a Divorce?
As a default matter, the death of a spouse during the pendency of a divorce proceeding abates the divorce action and any and all claims for equitable distribution; stated otherwise, the divorce ends and equitable distribution never occurs. Notwithstanding the foregoing, the probate code contains various provisions that aim to ensure that the marital estate will be divided in a fair manner in the event that one spouse predeceases the other.
Divorces in Pennsylvania can last for months and years past the time of the original separation, and much can transpire during that period of time as spouses move forward with their lives in the interim.
two-years from the date of filing before grounds for a divorce can be established. My spouse just served me with divorce papers. What should I do? Since you.
WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender. Important: Even if courts are closed, you can still file for a protection order and other emergency relief. Below you will find basic information about divorce laws in Pennsylvania. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page.
Lastly, learn more about the court process on our Preparing for Court — By Yourself page. In Pennsylvania, you have the option of filing for a no-fault divorce or a fault-based divorce by proving one of the following grounds reasons.
Separated and Single: When You Can Date Again in Maryland
You and your spouse may have agreed long ago that your marriage is at an end. You may assume that the end of your loving relationship means that you can and should move on and start your healing process by starting to meet new people to form new relationships. But the process of separation and divorce takes many twists and turns. Anger and jealousy are strong emotions. Emotions are some of the significant factors that lead to nasty and expensive divorce proceedings.
In other words, marriage in Pennsylvania is a traditional divorce and two wait 90 days from the date you filed the complaint about the divorce before you file 5a.
This post was contributed by a community member. The views expressed here are the author’s own. Pennsylvania Governor Tom Wolf signed a new state law that reduced waiting time after a no-fault divorce from two years to one. Law , which will enter into force by 60 days, reduces the waiting period for a one-way divorce without errors from two years to one. Before the bills were passed, both sides heard arguments. In other words, marriage in Pennsylvania is a traditional divorce and two types of divorce without errors: mutual consent and a two-year separation.
Division of Property in Pennsylvania Divorce
I have read the disclaimer. What date is used to value marital property during equitable distribution of the marital estate? Because the value of some assets fluctuates from time to time, the valuation date of marital property is generally the time of distribution unless the property is no longer in existence. In some instances, a date of separation value may be appropriate, where an asset, such as a business, is in the sole control of one of the parties during the period of separation.
The rock dated Should Know Before often easier when. Pennsylvania Divorce Law Update Dating Post-Separation May Mean Losing upon the ages to wait.
In effort to best serve the legal needs of the residents of the Greater Philadelphia and Southern NJ areas, our law office provides free video and phone meetings with an experienced lawyer. If you would like to schedule a meeting with one of our lawyers, please contact us at Thank you. While this does have some basis in reality, things are much more complicated than splitting everything in half.
Especially in difficult divorces or high asset divorces, this can become the main battleground between parties. It is important to go through this process with an attorney you can trust to protect your property and your needs. Each state is allowed to choose the method by which it divides property when a couple gets divorced. Pennsylvania is a bit different. Under 23 Pa.
However, anything they owned before the marriage remains their individual, separate property. Anything acquired after separation is the same; this is part of the separate, individual property of each adultery. That means that you do not need to wait until date to start claiming things as your own – click separation is what triggers this legal difference.
Comprehensive overview of Pennsylvania divorce laws, with grounds, annulment, Property acquired after final separation until the date of divorce, except for.
What is the Divorce Tracker? This generally means that you and your spouse:. If you and your spouse separated before that date, you must be separated at least 2 years to get a divorce based on separation. If you separated after that date, you need to be separated only 1 year. To use the Divorce Tracker, you must complete each packet in order, starting with Packet 1. At the end of each packet, you must save your answers to the questions, so the information can be used in the next packet.
In order to save your answers, you must be willing to register on the LawHelp Interactive website. Packet 1: Starting Your Divorce This section of the Divorce Tracker will help you prepare forms to start a simple, uncontested divorce case in Pennsylvania. LawHelp Interactive is a website where individuals can create their own legal forms.
LawHelp Interactive forms are for low-income people and their non-profit advocates. Commercial use is strictly forbidden. North Penn Legal Services is a nonprofit organization providing civil legal aid to low-income residents of northeastern Pennsylvania. We provide legal information and advice, and free legal representation in non-criminal matters such as evictions, discrimination, family law, and consumer protection issues.
Frequently Asked Questions
It goes without saying that there must be a valid marriage before there can be a divorce or an annulment. In most circumstances, a marriage is entered into as part of a civil or religious ceremony and a marriage license is obtained. However, Pennsylvania was once one of the few states that also recognized common law marriages. A common law marriage is a marriage entered into by the parties informally, without a civil or religious ceremony. There was never a requirement in Pennsylvania law that the individuals reside together for a certain period of time before they would be considered to be a married common law couple or that living together for a certain period of time would automatically create a common law marriage.
While common law marriages entered into prior to January 1, may still be valid, Pennsylvania does not recognize common law marriages attempted to be entered into after January 1,
Divorce Myths · 1. Marital property is always divided 50/ · 2. Alimony payments can be predicted easily. · 3. Your divorce can be finalized automatically after two.
When you are going through a divorce, you may wonder whether you should be dating and if you do how it will impact your case. Once you are separated, even though the divorce is not yet final, you are permitted to date without it being considered grounds for adultery in the legal arena. While adultery is a factor in the consideration of an award of alimony, it refers to relationships that began prior to a separation not after. Once a divorce complaint is filed you are clearly separated and for some that may now involve the choice to date.
If you are entitled to support or alimony, you may date both during the divorce or afterwards. As long as you do not cohabitate, it will not affect your alimony award. Cohabitation can be found even if the other person has their own residence if they spend significant overnights with you. Whether you choose to date during or after the divorce is a personal choice. It is also a personal choice as to whether you want to disclose it to your former spouse. Sometimes it may help your former spouse accept that the relationship is over and in other cases it may add such fuel to the fire that it makes an amicable settlement impossible.