Contributions of one spouse to the other's education. Future earning capacity of each spouse. Income for both parties, including health insurance and retirement benefits. Each spouse's contribution to marriage, including income and household chores.
One spouse, called a “Plaintiff,” files a legal document called a “Demand for Divorce” with the court. The lawsuit establishes the names and addresses of both spouses and the type of divorce sought. The lawsuit may also indicate that the plaintiff is seeking other things, such as support, alimony, custody, and a property agreement. A copy of the complaint must be served (“served”) to the other party, called the “Defendant”.
Divorce complaints are usually served to the defendant, either by certified mail, the sheriff, or an adult other than the plaintiff. The wife is not automatically entitled to anything other than her direct property or assets in a divorce in PA. Alimony payments may be required depending on the wife's situation and any division of property will also be determined based on other factors. 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. You must meet a state's residency requirements before you can file for divorce in its courts. 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.
Pennsylvania Has Grounds of Fault and No Fault. Fault grounds apply when your spouse is accused of having done something wrong, such as voluntary desertion, adultery, or cruelty that endangers the life or health of the injured and innocent spouse. The basic rule is that you must file in the county where your spouse lives. And if you and your spouse agree in writing (and attach the agreement to your divorce petition), you can file it in any other county in Pennsylvania (23 Pa.
Rule 1920.2 (202) For a case not to be contested, you and your spouse must have agreed on all divorce matters (more on this below). If there is disagreement on any issue, the court will consider the case to be challenged. Appropriate forms and information on how to get a divorce can be found on the Pennsylvania Courts Divorce website. In a contested divorce, your spouse will file an answer to your divorce complaint that does not agree with at least some parts of what you stated or requested.
In addition, both will need to complete and file an Income Statement. This document requires you to provide a wealth of data about your income and assets. It's a good idea to collect as much of this information as possible in advance, because it's important that you complete this form as thoroughly as possible. It's imperative that you be honest, because you could face penalties (such as fines and possible jail time) if you knowingly fail to disclose all accounts, debts, or assets, you could face penalties.
Under Pennsylvania divorce laws, a party must wait two full years of separation from their spouse and can then proceed to file a unilateral divorce. 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. Such a divorce petition can be filed in a county where one of the spouses lives here or in any county if both parties agree in writing that the divorce should be filed there. When one spouse does not sign divorce forms or does not provide information when requests for documentation are made, the other spouse can file for divorce on the basis of default.
If you can reach an agreement at this stage, the rest of the divorce process will be relatively simple, and you can ask the judge to make it part of the divorce decree. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors and founder of Survive Divorce. A qualified divorce lawyer will know the intricacies of the law, as well as the ins and outs of the court system. 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 in which you are filing the divorce.
Pennsylvania men's divorce lawyers provide answers to frequently asked questions about Pennsylvania divorce and Pennsylvania divorce laws. In cases where both parties do not consent to the bifurcation, a court can still enter a judgment of divorce or annulment if compelling circumstances exist or if the grounds for divorce have been sufficiently established. Pennsylvania divorce law gives the court the right to allow one or both spouses to reside in the marital home, during the divorce or after. You can ask the court for a civil order of protection to keep your spouse legally away from you, either before a divorce lawsuit begins or during a divorce that is already in progress.
The bifurcation means that both parties to a divorce can legally declare themselves as one person, while some issues in your divorce are still being resolved. 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. . .