Pennsylvania uses guidelines to begin the alimony determination process, but several factors can cause the amount to go up or down. In general, if there are no children in the marriage, the applicant spouse is entitled to 40% of their spouse's income, minus their own income. To file for divorce in Pennsylvania, one of the two spouses must have lived in the state for at least six months before filing. In addition, the party must file for divorce in the county where either spouse lives.
Pennsylvania defines residency as physically living in one place and intending to stay there indefinitely. In Pennsylvania, only marital assets will be divided. The court presumes that any property you acquire during the marriage is marital property, regardless of what the title says. If you want to keep an asset out of division, you'll need to show the court why it should be characterized as non-marital property.
In Pennsylvania, a judge can determine that one spouse will have to pay money to the other after a divorce, known as alimony. In general, the judge will determine if and how much alimony should be paid, based on whether it is reasonable and necessary, 1.A no-fault divorce means that the spouses do not accuse each other of any misconduct, such as adultery, desertion, cruel or other treatment, and only want their divorce to be finalized based on an irretrievable breakdown. It is important to note that if one spouse filed a divorce petition with the court, the law presumes that the couple began living separately and apart no later than the date the other spouse was notified (lawfully served) of the divorce petition. The divorce lawyer you hire will have a big impact on your divorce costs, but that doesn't mean that the cheapest lawyer in town will actually save you money in the long run.
In this case, your divorce will be challenged and both spouses will need to hire lawyers and, possibly, experts who will help with the division of assets and the determination of custody. In Pennsylvania, you have the option to file for a no-fault divorce or a fault-based divorce by proving one of the following grounds (reasons). An experienced divorce lawyer will ensure that assets are properly titled to avoid unforeseen tax consequences. Next, you need to make sure that your attorney has experience handling divorce cases in Pennsylvania; specifically in the jurisdiction where your case will be heard.
When choosing the right divorce lawyer in Pennsylvania, you want to consider much more than just the cost of services. It's also important to realize that divorce can end up affecting your wallet long after your divorce decree is issued. A good family lawyer can help you navigate the many questions and uncertainties that arise with filing for divorce in Pennsylvania. Pennsylvania divorce law gives the court the right to allow one or both spouses to reside in the marital home, during or after the divorce.
The Unified Judicial System of Pennsylvania has a legal glossary that you may find useful if you decide to obtain a divorce and information on how to represent yourself in a divorce. The best advice for choosing the right divorce lawyer in Pennsylvania is to seek character, education and reputation.