No one plans for a divorce, but recent surveys say about 15% of marriages end in one. Feeling uncertain about your future can be overwhelming, but you are not alone. For decades, the Pennsylvania divorce attorneys at Stark & Stark have helped individuals undergoing matrimonial issues and divorce by providing them with strategic and compassionate legal counsel.

What Are the Grounds for Divorce in Pennsylvania?

In Pennsylvania, an individual seeking a divorce has the option to file on fault-based grounds or they can file a no-fault divorce, in which neither party blames the other for the breakdown of the marriage.

In a fault-based divorce, the individual filing the divorce must prove why their spouse is at fault for the divorce filing. The reasons for filing an at-fault divorce as stated in Pennsylvania statutory law include:

Adultery
Extreme cruelty
Desertion
Habitual Drunkness
Imprisonment

In order to file a no-fault divorce, the parties must have lived separately for at least a year and the individual who is filing for the divorce is required to plead in the complaint that the “marriage is irretrievably broken.”

Timeline for a Divorce in Pennsylvania

Due to a mandatory 90-day “cool off” waiting period, divorces take a minimum of 3 months in Pennsylvania, unless you have been living separately for at least a year. If you and your spouse are separated for less than a year, the 90-day waiting period begins after the divorce agreement is signed, before the divorce is granted. If you have been separated at least a year, there is no waiting period.

Click here to contact a lawyer

Contested Versus Uncontested Divorce Explained

When contemplating a divorce, many questions will arise regarding who gets what, who pays what, and more. In most divorces, the couple must come to an agreement on the following:

Child custody
Child support
Division of property and debt
Alimony

If an agreement can be reached for each of these issues, a settlement agreement can be submitted to the court for approval, saving many individuals considerable court expenses. However, when an uncontested divorce is not possible even after mediation, a court hearing will be needed where the judge decides the details of the divorce. To succeed in a contested divorce hearing, it is advisable to hire a Pennsylvania divorce attorney to represent you.

Division of Marital Property in Pennsylvania

Pennsylvania is an equitable division state, meaning the marital property is distributed equally between the two parties by a judge unless there is a prenup agreement. The judge will distinguish between marital and separate property. Separate property includes:

Property acquired by either spouse prior to the marriage
Property acquired by one spouse through a gift or inheritance during the marriage
Property purchased or acquired during the period of marriage with separate property

Child Custody in Pennsylvania

In Pennsylvania, child custody has two parts: legal custody and physical custody. Legal custody refers to a parent’s right to have a say in the child’s upbringing, including decisions regarding their education and medical care. If a parent has physical custody, it means that the child lives with them on a partial or full-time basis and the parent has control over their daily needs.

When awarding custody, a judge will act in the child’s best interest, taking different factors into account, including which parent offers a more stable home environment. Custody in Pennsylvania can take many forms:

Joint custody: Each parent has the child for at least 35% of the time
Partial physical custody: The parent with the child the minority of the time
Primary physical custody: The parent with the child the majority of the time
Sole physical custody: This parent has exclusive custody of the child
Shared legal custody: Both parents make decisions regarding the child’s upbringing
Sole legal custody: One parent exclusively makes decisions regarding the child’s upbringing

How is Child Support Determined Under Pennsylvania Law?

In Pennsylvania, there are standard guidelines used to determine child support. These guidelines cover a variety of factors, including the parents’ combined net income and the number of children that need support. The monthly amount a parent contributes is often based on their amount of physical custody.

Alimony and Spousal Support in Pennsylvania Explained

In Pennsylvania, alimony and spousal support carry different meanings. Spousal support can be sought by the lower-earning spouse prior to filing for divorce but after separating from their spouse. Alimony generally is paid after the divorce from one spouse to the other. Judges award spousal support or alimony based on their discretion.

When distributing both spousal support and marital property, judges will look at many factors when making their decision, including:

How long the individuals were married
Contributions made by each to their spouse’s career or education
Each individual’s age and health
Each individual’s education and income level
Each individual’s financial needs

How Can a Pennsylvania Divorce Attorney Help Me?

Some may attempt to proceed with a divorce on their own, but an experienced and skilled divorce lawyer can help you understand your risks, options, and costs associated with a divorce, as well as advocate for your rights and provide legal expertise. On your behalf, one of our Pennsylvania divorce attorneys will:

Prepare and file necessary legal documents
Prepare and conduct pre-trial discovery
Present and negotiate your case in pretrial motions, proceedings, and in trial if need be.
Assist in the legal aspects of the financial settlement, custody, and spousal support agreements
Examine other issues related to divorce, including business restructuring, tax consequences, real estate, will planning, and more: Stark & Stark has a team of business and estate lawyers who can also assist with these matters
Negotiate aggressively on your behalf

Post-Divorce Issues

After a divorce has been finalized, actions taken to change or enforce the marital settlement agreement are referred to as post-judgment. A Pennsylvania divorce lawyer can help modify or impose the terms of the agreement, especially as it relates to child custody and support. Common issues that may arise after a divorce include payment for a child’s college, child support modification, and alimony modification.

Contact Stark & Stark’s Pennsylvania Divorce Lawyers

Going through a divorce can be extremely stressful. Our dedicated Stark & Stark divorce attorneys are here to help you through the confusing divorce legal process and advocate on your behalf to find solutions that work for everybody involved. If you have questions regarding your divorce or potential divorce, contact Stark & Stark today to set up a free consultation with one of our skilled Pennsylvania divorce attorneys.

Click here to contact a lawyer