How to File for Divorce in Pennsylvania
Divorce can be a complicated and emotionally challenging process. If you're considering filing for divorce in Pennsylvania, understanding the legal procedures, requirements, and considerations involved can help you work through this significant life event more effectively.
Here, we'll provide a comprehensive overview of how to file for divorce in Pennsylvania, including the legal grounds, the filing process, required documentation, and important considerations for both contested and uncontested divorces.
Understanding Divorce in Pennsylvania
Legal Grounds for Divorce
In Pennsylvania, there are two main types of divorce: no-fault and fault-based. Understanding the grounds for each type is crucial for determining the appropriate path for your case.
No-Fault Divorce
This is the most common type of divorce in Pennsylvania. The grounds for a no-fault divorce are:
Mutual Consent: Both parties agree to the divorce and file a consent form. This can be a quicker and less contentious process if both parties are in agreement.
Irretrievable Breakdown: The marriage is deemed irretrievably broken with no reasonable prospect of reconciliation. This option can be used if one party doesn't agree to the divorce but the couple has lived separately for at least one year.
Fault-Based Divorce
In a fault-based divorce, one party alleges that the other party is at fault for the breakdown of the marriage. Grounds for a fault-based divorce in Pennsylvania include:
Adultery: One spouse has engaged in sexual relations with someone outside the marriage.
Desertion: One spouse has abandoned the other without justification for a period of at least one year.
Cruelty: One spouse has subjected the other to physical or emotional abuse.
Imprisonment: One spouse has been convicted of a serious crime and is serving a sentence of at least two years.
The Divorce Filing Process
Preparing to File for Divorce
Before filing for divorce with the help of a divorce attorney, gather the necessary information and documents:
Financial Records: Collect financial documents such as tax returns, bank statements, and records of debts and assets.
Marriage Certificate: Obtain a copy of your marriage certificate to include with your filing.
Identification: Have your personal identification documents ready, such as your driver’s license or passport.
Filing the Divorce Complaint
The process begins with filing a Divorce Complaint with the Court of Common Pleas in the county where either you or your spouse resides. Here’s how to do it:
Drafting the Complaint
Prepare the Divorce Complaint, which includes:
Personal Information: Names, addresses, and other identifying information for both parties.
Grounds for Divorce: Specify whether you're filing for a no-fault or fault-based divorce.
Relief Requested: Outline the relief you're seeking, such as property division, alimony, or child custody.
Filing Fees
Pay the required filing fee. Fees vary by county, so check with your local court for the exact amount. If you can't afford the fee, you may request a fee waiver by filing a Petition to Proceed In Forma Pauperis.
File the completed Divorce Complaint with the Clerk of Court at the county courthouse. Obtain a stamped copy of the complaint for your records.
Serving the Divorce Papers
After filing the Divorce Complaint, you must serve your spouse with the divorce papers. The papers must be formally served to your spouse, which can be done by:
Sheriff’s Service: The sheriff’s office in the county where your spouse resides can serve the papers.
Private Process Server: You can hire a private process server to deliver the papers.
Certified Mail: If your spouse agrees to accept the papers, you can send them via certified mail with a return receipt requested.
Once the papers have been served, file the Proof of Service with the court to show that your spouse received the divorce papers.
Responding to the Divorce Complaint
Your spouse has 20 days from the date of service to respond to the Divorce Complaint:
Answer: Your spouse may file an Answer to the Complaint, either agreeing or disagreeing with the terms.
Counterclaims: If your spouse disagrees with the terms or has additional claims, they may file counterclaims.
Default: If your spouse fails to respond, you may proceed with the divorce on a default basis. This usually requires a motion to enter a default judgment.
Contested vs. Uncontested Divorce
Uncontested Divorce
An uncontested divorce is when both parties agree on all major issues, including property division, alimony, and child custody. This type of divorce is typically simpler and faster:
Agreement: Both parties must agree to the terms of the divorce, including any settlement agreements.
Mutual Consent: If both parties sign a consent form, the divorce can proceed more quickly.
Final Decree: Once the required documents are filed and approved by the court, the judge will issue a Final Decree of Divorce.
Contested Divorce
A contested divorce occurs when the parties can't agree on one or more issues, such as property division, custody, or support:
Discovery: Both parties engage in the discovery process to exchange information and evidence relevant to the case.
Mediation: The court may require mediation to help the parties reach an agreement.
Trial: If mediation fails, the case may go to trial, where a judge will make decisions on the contested issues.
Important Considerations
Division of Property
Pennsylvania follows equitable distribution principles, meaning marital property is divided fairly but not necessarily equally. Factors considered include the length of the marriage, contributions of each party, and the economic circumstances of each party.
Alimony
Pennsylvania recognizes several types of alimony, including temporary, rehabilitative, and permanent alimony. The court considers factors such as the needs of the requesting party, the ability of the other party to pay, and the standard of living established during the marriage.
Child Custody and Support
The court determines custody based on the best interests of the child. Factors include the child's relationship with each parent, the parents’ ability to provide for the child, and the child’s needs. Child support is calculated based on guidelines that consider the income of both parents and the needs of the child.
Legal Representation From a Divorce Attorney
While you can represent yourself, it's often beneficial to hire an experienced divorce attorney to work through the intricacies of divorce and make sure your rights are protected. If you can't afford a divorce attorney, consider seeking help from legal aid organizations that offer assistance to low-income individuals.
The Divorce Decree
Finalizing the Divorce
Once all issues are resolved, either through agreement or court decision, the court will issue a Final Decree of Divorce:
Final Hearing: In contested cases, a final hearing or trial may be required. During this hearing, both parties present evidence and arguments.
Judgment: After reviewing the evidence and considering the case, the judge will issue a Final Decree of Divorce, which legally ends the marriage.
Post-Divorce Actions
After the divorce is finalized, consider the following steps:
Update Legal Documents: Update your will, insurance policies, and beneficiary designations to reflect your new marital status.
Change of Name: If you wish to change your name back to your maiden name or a previous name, you can do so by filing a Petition for Name Change.
Speak to a Divorce Attorney
Filing for divorce in Pennsylvania involves a series of legal steps and requirements that can vary depending on whether the divorce is contested or uncontested. By understanding the grounds for divorce, following the filing and service process, and considering key issues such as property division, alimony, and child custody, you can handle the divorce process more effectively.
Whether you choose to represent yourself or seek legal counsel, being informed about the procedures and requirements will help you make informed decisions and achieve a resolution that meets your needs. Divorce is a significant life event, and careful planning and consideration will help create a smoother transition into the next chapter of your life.
When you're in need of a divorce attorney, reach out to the experienced lawyers at the Law Office of Shabbick & Stehle. We have over 40 years of experience serving clients in Bethlehem and Palmerton, Pennsylvania as well as Lehigh County, Northampton County, and Carbon County. Contact us today to schedule a consultation.