Pennsylvania has following divorce laws:
Residency
As mentioned in Pennsylvania Divorce laws, either spouse must be a resident of the state of Pennsylvania for at least six months prior to filing. A proceeding for divorce may be brought in the county:
- Where the defendant resides
- If the defendant resides outside of this Commonwealth, where the plaintiff resides
- Of matrimonial domicile, if the plaintiff has continuously resided in the county
- Prior to six months after the date of final separation and with agreement of the defendant, where the plaintiff resides or, if neither party continues to reside in the county of matrimonial domicile, where either party resides
- After six months of the date of final separation, where either party resides.
Documents Required for Filing Divorce
According to Pennsylvania divorce laws, following are the essential documents needed to start and finalize a divorce:
- Complaint for Divorce
- Decree of Divorce
A few other documents that are typically filed during the process are:
- Affidavit of Verification
- Domestic Relations Income and Expense Statement
- Notice to File Social Security Numbers
- Marital Settlement Agreement
- Acknowledgement
- Praecipe to Transmit Record
Distribution of Property
Under Pennsylvania divorce laws, the divorce court, upon request of either party, equitably divides the property in a fair way. The court also considers all relevant factors.
Change of Name or Restoration of Name
A female spouse, who desires the restoration of her maiden or married name, must set out the name she desires to be restored to her in petition for dissolution as part of the relief sought.
Mediation Counseling
As per Pennsylvania divorce laws, the divorce court may order the parties to attend an orientation session to explain the
mediation process.
The Supreme Court shall develop model guidelines for implementation of this section and shall consult with experts on mediation and domestic violence in this Commonwealth in the development thereof.
Alimony
Not all cases involve support from one spouse to the other, according to Pennsylvania divorce laws. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis, the court may allow alimony, as it deems reasonable, to either spouse only if the court finds that there is no other alternative than alimony.
Child Custody
The court in making an order for custody, the court considers whom the custody is more likely to be awarded. In addition, the Pennsylvania divorce court considers each parent’s present and past cruel or offensive conduct which may include abusive conduct, as defined under the Protection from Abuse Act.
Child Support
For the Child support, there are guidelines based upon the reasonable needs of the child seeking support and the ability of the obligor to provide support. In this regard the court shall place primary emphasis on the net incomes and earning capacities of the parties. The guideline developed in this way is reviewed at least once every four years.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
