To file for divorce in Pennsylvania you are first required to meet the residency requirement, which states that one spouse must have lived within the state for at least 6 months prior to filing for divorce.

 

It is also required that a couple establishes their grounds for obtaining the divorce and file for either a fault, or nofault divorce.

 

According to PA Divorce, a no-fault divorce can be obtained when there is mutual consent, or when a marriage is concluded to be irretrievably broken. If there is mutual consent, a court will authorize the divorce after an affidavit is signed by both parties and a minimum of 90 days have passed from when both parties initiated the divorce process. If seeking a no-fault divorce for a marriage deemed irretrievably broken, a couple must prove they have lived separate lives apart from another for at least two years while agreeing that reconciliation is not an option.

 

A fault divorce may be obtained when one spouse has been emotionally or physically harmed by the other. Established within PA Divorce Laws, actions that warrant this type of divorce may include: adultery, voluntary desertion, cruelty and endangerment, bigamy, imprisonment, or any other type of behavior that may be troublesome.

 

In reference to property distribution, all marital assets are to be distributed equitably. Contrary to what most people believe, this does not mean that all items shared between spouses will be split 50/50.

 

Instead, the court will provide an opportunity for the couple to work property issues out themselves and if that is unachievable, the court will proceed and make decisions for the couple based on what they believe is fair given the circumstances of each individual case.

 

If children under the age of 18 are involved in a divorce, the courts will again request that the parents reach an agreement amongst themselves. If this isn’t an option, the court will strive to accurately resolve issues and decide on a custody arrangement considered best for the children.

 

The various components of divorce laws in PA can be confusing for couples seeking a divorce, which is why hiring an attorney is recommended for anyone filing for divorce. To speak with a legal professional about obtaining legal services, contact us at Reinherz & Reinherz Law offices today!

 

Obtaining our legal services will eliminate any added pressure because we will supply guidance during the divorce process and answer any questions that may arise about PA Divorce Laws.

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