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Pennsylvania Divorce Laws-Frequently Asked Questions

 
1. Is there any restriction on both the spouses being represented by the same divorce lawyer?
Yes, Pennsylvania divorce laws are against both spouses being represented by the same divorce lawyer because of the conflicts between the parties.

2. Do I have to prove a fault to file a divorce in Pennsylvania?
No, you do not have to prove a fault because only as recently as 80's no-fault divorce grounds were put into practice in Pennsylvania. So, fault based divorce grounds are ignored for getting a Pennsylvania divorce.
 
3. Should I respond to a divorce complaint?
Yes, you should respond to the Pennsylvania divorce complaint and contact a divorce lawyer immediately. If you do not pay attention to this, then the court will decree a divorce without your consent and legal rights.
 
4. How can I get alimony?
A person who wants spousal support must file a petition in the court when the divorce is in process. The alimony request will not be entertained after the divorce process is over.
 
5. Can custodial spouse be asked to produce receipts of the utilization of support money?
No, Pennsylvania divorce laws say that you have no rights to ask the custodial spouse to provide a proof of the expenses incurred from the money given for child support.
 
6. What can I do if I am facing domestic violence?
If you are the victim of domestic violence you must immediately contact the local police department for help and file a report. They will let you know what to do in this situation. You can also ask the domestic abuse shelter or crisis hotline.
 
7. What is equitable distribution?
According to Pennsylvania divorce laws, equitable distribution is the legal distribution of marital assets and debts among both the spouses at the time of divorce.
 
8. How long should I reside to file for Pennsylvania divorce?
According to Pennsylvania divorce laws the minimum residency period to file a Pennsylvania divorce is 6 months or more. You can not file for a divorce otherwise.
 
9. Is it compulsory for both spouses to meet the residency requirements of Pennsylvania?
There is no restriction in Pennsylvania divorce laws that both the spouses must be residents of the state to file a petition for divorce. But either husband or wife must be a resident of Pennsylvania to claim a divorce.
 
10. How long should I wait to get divorced in Pennsylvania?
A Pennsylvania divorce process takes about 4-5 months after filing a divorce including a 90 days cooling period.
11. What are the conditions for separation?
To obtain a Pennsylvania divorce, there are two conditions for separation:
  • The separation must be of 2 years or more.
  • Both the spouses have to quit all the physical and sexual relations.
 
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