Question: What Is The Process For Divorce In Pennsylvania?

How long do you have to be separated in PA to get a divorce?

two yearsTo obtain a no-fault divorce, you and your spouse must have been separated for two years before filing or you both must consent to the divorce.

Additionally, a judge won’t grant your no-fault divorce right away.

Once you’ve filed your case, there is a 90-day waiting period before your divorce can be finalized..

How do I divorce my wife without losing everything?

How To Keep Your Stuff Through DivorceDisclose every asset. One of the most important things you can do seems, at first, counter-intuitive. … Disclose offsetting debts. Likewise, it is important to disclose every debt, especially debts secured by marital assets. … Keep your documents. … Be prepared to negotiate.

How can I get a quick divorce in PA?

In Pennsylvania, the court may call an uncontested divorce a “no-fault divorce” or a “mutual consent divorce.” A mutual consent divorce is a faster divorce process than traditional divorce—you can get divorced in three to four months, rather than the standard two or more years.

Is alimony mandatory in PA?

No, there is no entitlement to alimony in Pennsylvania. Instead, it’s purely discretionary with the court, and based on 17 factors listed in Section 3701 of the PA Divorce Code.

How much does a wife get in a divorce?

Example: Here’s how the math works out in a typical alimony case. Imagine that a husband who files for divorce earns $5,000 a month. His wife stays at home with three young children and earns no income. Under their state’s formula, she’s entitled to $1,650 child support per month.

What is a wife entitled to in a divorce in Pennsylvania?

In Pennsylvania, all property and all debt accumulated during the marriage belongs to both spouses. Any property that is considered separate property is not divided during a divorce. Each spouse gets to keep his or her own separate property which includes: Assets acquired before the marriage.

How much does it cost to file for divorce in PA?

COMPLETE GUARANTEE: You will only pay $219 for your Simple, Uncontested, No-Fault Divorce. Court costs and legal fees are INCLUDED in the price of $219.

Who gets house in divorce in PA?

Who Gets the House in a Divorce in Pennsylvania? Pennsylvania’s divorce law gives the court the right to allow one or both of the spouses to reside in the marital home, during the divorce or afterwards.

Does it matter who files for divorce first in Pennsylvania?

When Both Individuals Live in Pennsylvania If both you and your partner currently reside within the state, there is no true advantage to filing first. Even if you file first, the case will usually be held at the Court of Common Pleas in the defendant’s county, or the county where you married, by default.

What happens if spouse doesn’t sign divorce papers in PA?

There is no expectation under PA law that you must remain in a loveless or abusive marriage, and you always have the option of suing for divorce if your spouse refuses to agree to a no-fault divorce.

How do I keep a divorce lawyer with no money?

So here are simple ways to get a divorce lawyer with no money.Divorce Fee Waiver. … Obtain Free Divorce Forms. … Provide Financial Proof. … File For Fee Waiver. … Government Help For Divorce. … Go For Mediation. … Pro Bono Divorce Lawyers. … Hourly Rate.More items…

What happens when you file for divorce in PA?

In a fault divorce, one spouse, who becomes the plaintiff, must file a complaint in the Court of Common Pleas against the other spouse, who becomes the defendant. Once the paperwork is finalized, the couple will go to trial and present their cases before the court.

Is PA a 50/50 divorce state?

While some states (most famously, California) mandate a 50/50 distribution of marital property, Pennsylvania does not. Pennsylvania is an equitable distribution state.

Do I get half of my husband’s 401k in a divorce?

Any funds contributed to the 401(k) account during the marriage are marital property and subject to division during the divorce, unless there is a valid prenuptial agreement in place. … For example, if your spouse also has a retirement account worth a similar amount, you may each decide to keep your own accounts.

How long does a mutual divorce take?

six monthsFrom start to finish, the divorce process in the Golden State can take at least six months – even if both parties agree to the dissolution immediately. This length of time is due to California’s divorce requirements and mandatory six-month waiting period.