The spouse is entitled to alimony only if the court decides that alimony is “necessary”. In deciding whether alimony is necessary, how much should be paid, and how long should be paid, the court must consider many factors, including, but not limited to, the parties' relative income and earning capacities, ages. Either spouse can also get a court order for temporary support until the court grants a divorce. Under this temporary order, the spouse can also receive attorney's fees, health insurance coverage, and other expenses.
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.In Pennsylvania, Only Marital Property 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. Appropriate forms and information on how to get a divorce can be found on the Pennsylvania Courts Divorce website. 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. After you have filed your initial divorce papers, the process for obtaining a final divorce in Pennsylvania depends largely on whether your case is contested or not.
A qualified divorce lawyer will know the intricacies of the law, as well as the ins and outs of the court system. As with alimony, the court must be asked to divide marital assets as part of the divorce lawsuit before the court finally grants the divorce. A person seeking alimony must file for alimony as part of a divorce lawsuit before the court finally grants a divorce. The three categories of divorce in Pennsylvania are divorce by mutual consent, without consent, and fault.
If a plaintiff seeks a no-fault divorce, either by consent or without consent, the defendant can prevent the divorce from being granted by proving that the parties have not lived separate and apart for at least one year or that the marriage has not irretrievably broken down. Divorce will also be granted when the defendant has been in a psychiatric institution for a serious mental problem for at least 18 months before the divorce is initiated, and is likely to remain in the institution for at least 18 months after the divorce has been initiated. You will begin the divorce process in Pennsylvania by filing a Demand for Divorce, a Notice of Defense (similar to a subpoena in other states) and other attached documents with the Pennsylvania Court of Common Appeals in the county where you are filing the divorce. If a divorce is sought on grounds of fault, and the defendant proves that the plaintiff is not innocent or injured, or that the facts alleged by the plaintiff are not true, a divorce cannot be granted.
If you are involved in a divorce action, you should consider seeking custody, alimony, support, spousal property, counseling and attorney's fees before the divorce is finalized. To get a divorce in Pennsylvania, at least one spouse must have been a resident of the state for at least six months immediately before filing the divorce case. In this case, the spouse who wants the divorce (the plaintiff) may have to wait up to a year before requesting that the court enter the judgment to finalize the divorce. 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).