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Pennsylvania
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Pennsylvania Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Pennsylvania Residency Requirement
According to the Pennsylvania Divorce Laws and Pennsylvania Divorce
Guidelines, to get divorced in Pennsylvania, one of the spouses
must have been a resident of the state for at least 6 months before
filing the case
Time to Divorce
(For a No-Fault Divorce) There is a waiting period of 90
to 120 days after filing the Pennsylvania Divorce Forms and Pennsylvania
Divorce Papers before a divorce will be granted
Place of Divorce (Venue)
The divorce can be filed in:
County where the defendant resides. If the defendant does not reside
in Pennsylvania, the divorce can be filed in the county where plaintiff
resides.
Pennsylvania Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irretrievable breakdown of the marriage with the spouses living
separate and apart without cohabitation for 2 years
(2) irretrievable breakdown of the marriage and the spouses have
both filed affidavits that they consent to the divorce
Grounds for Fault based divorce:
(1) adultery
(2) bigamy
(3) imprisonment for 2 or more years
(4) confinement for incurable insanity for 18 months
(5) willful desertion for 1 year
(6) cruel and inhuman treatment endangering the life of the spouse
(7) personal indignities
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Pennsylvania, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by Pennsylvania divorce guidelines and Pennsylvania
divorce laws, is a scenario where the spouses agree on the terms
of the divorce such as Pennsylvania property distribution, Pennsylvania
child support, or Pennsylvania child custody. Most of our clients
(75%) prefer the Agreed Divorce method and both spouses sign the
divorce papers and are agreed to the terms of divorce.
- A Default Divorce
, according to the Pennsylvania
divorce guidelines and Pennsylvania divorce
laws, is a divorce where the other spouse doesn’t sign the Pennsylvania
Divorce forms or Pennsylvania divorce papers, he/she doesn’t do
anything at all with the divorce. They simply default on the case
and the spouse who files for divorce gets whatever was asked for
in the original paperwork.
Process to file for Divorce in
Pennsylvania
There are only three basic procedural steps to a divorce:
- File Pennsylvania Divorce Papers (Pennsylvania
Divorce Forms)
- Notify Spouse of your filing for divorce
in Pennsylvania
- Attend your Pennsylvania divorce hearing
Pennsylvania Child Custody
Simple Definitions: (source: Pennsylvania divorce guidelines and
Pennsylvania divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Pennsylvania Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Pennsylvania
divorce customers. If a sole custody arrangement is to be considered,
then there is usually a reason agreed upon
by both parties that one parent is to have the children. Usually
the financial status of a parent is not to be considered for allocating
any parental rights and responsibilities. Shared Custody or Sole
Child Custody may be awarded according to the best interests of
the child.
Pennsylvania Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Pennsylvania Child Support Guidelines. The guideline amount
is presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Pennsylvania
divorce lawyer or divorce attorney to make the case into a Contested
Divorce. Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Pennsylvania.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Pennsylvania.
It may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Pennsylvania often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Pennsylvania, fees must
usually be paid when you file the Pennsylvania divorce forms and
Pennsylvania divorce papers at your county courthouse. These
fees vary between County to County, so it is best to call them and
ask what the fees are in your County. Regardless of whether
you are going through a divorce service, using a Pennsylvania divorce
kit, using a divorce attorney (or divorce lawyer), or doing a nearly
free divorce in Pennsylvania, you will almost always be the one
to cover the court fees which is standard procedure.
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 Divorce
- Easy as 1-2-3 |
| 1 |
After
you order, send in your information via the Divorce
Questionnaire. |
| 2 |
We
complete your divorce forms in 2-3 business days and
email them back for your review. |
| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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