Pennsylvania Divorce & Family Law
- Pennsylvania divorces can only be granted if the spouses meet the state's residency requirements. Either spouse must have been a resident for at least six months prior to filing. The divorce can be filed in the county in which the couples resides, or if they reside in different counties in the state, in either county.
- Pennsylvania allows for divorce on both fault and no-fault rounds. No-fault divorces must state that the marriage is irretrievably broken or that the parties are otherwise incompatible, with no hope of recovering the viability of the marriage. Divorces can also be sought on the traditional fault grounds, including adultery, cruelty, incapacity or incarceration.
- In cases where a contested divorce seems likely, Pennsylvania courts can order divorcing couples into a mediation education class that explains the mediation process. If the couple agrees to mediation, they can then avoid a contested divorce and come to their own agreement about the divorce, which the court will then agree to. However, in cases where domestic violence is alleged, courts cannot order the couple into mediation.
- Pennsylvania courts will do everything in their power to limit the emotional trauma minor children go through during a divorce. When determining matters of custody (both legal and physical) and child support, Pennsylvania courts measure what is in the best interests of the children. Courts can establish custody and child support orders at their discretion if they find the child's nest interests so require the order.
- Pennsylvania is an equitable distribution state, meaning the court will attempt to distribute all marital property fairly, though not necessarily equally. The court can take into consideration a wide range of factors, including the length of the marriage, the living standards of the parties, each party's ability to earn an income and any other financial factors it finds relevant.
Requirements
Grounds
Mediation
Children
Property
Source...