Divorce & Family Law Summary
U.S. Divorce Laws are enacted by each state using their respective legislative process. Once legislation is enacted into law, the divorce courts in Pennsylvania have the authority to manage the divorce proceedings, including spousal support and child support payments, custodial rights of parents, and the division of property.
Since state laws are repealed and amended frequently, it is always advisable to consult with an experienced divorce lawyer before making important decisions about your marriage.
All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, debts, custody, support, and related issues.
Read our expanded article on the divorce process for a deeper and more realistic understanding of the challenges you’re likely to face.
RESIDENCY REQUIREMENTS
To file for a divorce or annulment, at least one of the parties must be a bona fide resident of the state for at least six months before the commencement of the action. You cannot file until you have met the six (6) month residency requirement.
GROUNDS FOR DIVORCE
Pennsylvania recognizes both fault and no-fault grounds for divorce. Important to note that while Pennsylvania courts will not consider a spouse’s responsibility when making judicial decisions concerning property division, the court may consider a party’s past conduct in deciding whether to award alimony. No-Fault divorce is referred to as divorce by “Mutual Consent.”
NO-FAULT DIVORCE
A divorce based on the law of Mutual Consent will be granted where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of the commencement of the action. A declaration of Mutual Consent must be executed by both parties and filed with the court.
Similarly, the court may grant a divorce where a complaint has been filed by one just one of the parties, alleging that the marriage is “irretrievably broken,” and an affidavit to that effect has been filed stating that the parties have lived separately and apart for at least two years.
SEPARATION
Pennsylvania uses the date of separation in calculating the two-year time period that must pass before one party can obtain a “no-fault” divorce without the other party’s consent.
DIVORCE BASED ON FAULT
The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has:
(1) Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years.
(2) Committed adultery.
(3) By cruel and inhuman treatment, endangered the life or health of the injured and innocent spouse.
(4) Knowingly entered into a bigamous marriage while a former marriage is still subsisting.
(5) Been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime.
(6) Offered such indignities to the innocent and injured spouse as to render that spouse’s condition intolerable and life burdensome.
MEDIATION-COUNSELING REQUIREMENTS
The court may notify both parties of the availability of counseling and, upon request, provide a list of qualified professionals who offer such services. The court may require parents to attend counseling sessions and consider the counselors’ recommendations before awarding sole or shared custody.
PROPERTY DISTRIBUTION
In action for divorce or annulment, the court shall, upon request of either party, equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportions and in such manner as the court deems just after considering all relevant factors, including:
- The length of the marriage.
- Any prior marriage of either party
- The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each party.
- The contribution by one party to the education, training, or increased earning power of the other party.
- The opportunity of each party for future acquisitions of capital assets and income.
- The sources of income of both parties, including, but are not limited to, medical, retirement, insurance, or other benefits.
- The contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of a party as a homemaker.
- The value of the property is set apart by each party.
- The standard of living of the parties is established during the marriage.
- The economic circumstances of each party, including Federal, State, and local tax ramifications, when the division of property is to become effective.
- Whether the party will be serving as the custodian of any dependent minor children.
ALIMONY-SUPPORT
Alimony may be awarded to either spouse as deemed reasonable and necessary. In determining whether alimony is needed and in determining the nature, amount, duration, and manner of payment of alimony, the court will consider, but will be not limited to, the following factors:
(1) The relative earnings and earning capacities of the parties.
(2) The ages and the physical, mental and emotional conditions of the parties.
(3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance, or other benefits.
(4) The expectancies and inheritances of the parties.
(5) The duration of the marriage.
(6) The contribution by one party to the education, training, or increased earning power of the other party.
(7) The extent to which the earning power, expenses, or financial obligations of a party will be affected by the reason of serving as the custodian of a minor child.
(8) The standard of living of the parties is established during the marriage.
(9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.
(10) The relative assets and liabilities of the parties.
SPOUSE’S LEGAL NAME
Any person who is divorced from the bonds of matrimony may resume any prior surname used by them by filing a written notice to such effect in the office of the clerk of the court in which the decree of divorce was entered, showing the caption and docket number of the proceeding in divorce.
CHILD CUSTODY
In making an order for custody, partial custody, or visitation to either parent, the court shall consider, among other factors, which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the non-custodial parent and the child.
CHILD SUPPORT
Pennsylvania uses the “Income Shares” model to determine child support. Child and spousal support shall be awarded according to the Pennsylvania Child Support Guidelines so that persons similarly situated shall be treated again. The guideline shall be based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support.
The procedure shall primarily emphasize the parties’ net incomes and earning capacities, with allowable deviations for unique needs, extraordinary expenses, and other factors, such as the parties’ assets, to warrant special attention. The court shall ascertain the ability of each parent to provide health care coverage for the children of the parties, and the order shall provide health care coverage for each child as appropriate.
Where applicable under this section, a court may order either, or both parents who are separated, divorced, unmarried, or otherwise subject to an existing support obligation to provide equitably for the educational costs of their child whether an application for this support is made before or after the child has reached 18 years of age. The responsibility to provide for postsecondary educational expenses is a shared responsibility between both parents.
SAME-SEX DIVORCE
On June 26, 2015, the U.S. Supreme Court ruled that gay marriage is a right protected by the U.S. Constitution in all 50 states. It follows, therefore, that the rights and obligations between same-sex divorcing parties are subject to the same dissolution laws of that state. Reference: U.S. Supreme Court Opinion: Obergefell v. Hodges. (For more information, visit ProCon.org).
