Is Pennsylvania a 50-50 state when it comes to divorce?
Is Pennsylvania a 50-50 state when it comes to divorce?
Pennsylvania divides marital property under the theory of “equitable distribution”. (Pa. C.S.A. – Title 23 – Chapter 35 § 3502.) Community property states attempt a 50-50 distribution, as best as possible.
Does Pa require separation before divorce?
To obtain a no-fault divorce, you and your spouse must have been separated for two years before filing or you both must consent to the divorce. Additionally, a judge won’t grant your no-fault divorce right away. Once you’ve filed your case, there is a 90-day waiting period before your divorce can be finalized.
Is there such a thing as legal separation in Pennsylvania?
One of the first questions clients ask me when considering divorce is, “do we need to file for legal separation?” In Pennsylvania, there is no such thing as a “legal separation”. In fact, spouses can be separated while still living in the same house, possibly even in the same bedroom.
What does legally separated mean in Pennsylvania?
Pennsylvania does not recognize legal separations. If you’re “separated” from your spouse, it means the two of you are living separate and apart, whether you’re living in two households or even under the same roof. Separation between married spouses can occur when: One spouse voluntarily moves out of the house.
What is a wife entitled to in a divorce in PA?
A spouse is entitled to alimony only if the court decides that alimony is “necessary.” To decide whether alimony is necessary, how much should be paid, and how long it should be paid, the court must consider many factors – including but not limited to the relative income and earning capacities of the parties, the ages …
Who gets house in divorce PA?
When one party is awarded possession of the marital home in a divorce, the other party is entitled to their share of the net equity in the home.
How long can a spouse drag out a divorce in PA?
As long as the spouse who is “served” the divorce papers does not deny that the spouses have been living apart for at least one year or that the marriage is irretrievably broken, the divorce may proceed even though only one party filed for divorce.
How long does a divorce take in PA if one party doesn’t agree?
Act 102, which takes effect in 60 days, reduces the waiting period for unilateral no-fault divorce from two years to one. That means a spouse will need to wait only a year before obtaining a divorce without the other spouse’s consent.
Can you get a divorce if your spouse won’t sign?
You and your divorce attorney will simply have to file a Petition for Dissolution of Marriage with the courts. This can be done without a spouse’s signature. After filing, the paperwork will be served to your spouse by a process server. Your spouse will then have 20 days to file a response with the court.
