Pennsylvania Divorce Laws and Resources
IF you live in Pennsylvania, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.
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DIVORCE & SEPARATION FORMS
Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link
FAMILY LAW RESOURCES
Pennsylvania Child Support Guidelines
Pennsylvania Child Support Calculator
Pennsylvania Child Support Enforcement
DIVORCE LAWYERS & FIRMS
Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.
UNCONTESTED DIVORCE FORMS
WITH NO Children
No Children and No Marital Home
No Children and Dividing Proceeds From the Sale of Marital Home
No Children and Transfer of Marital Home From One Spouse to the Other
WITH Children
With Children and One Parent Has Legal and Physical Custody
With Children and Both Parents Have Legal Custody and One Parent Has Physical Custody
When You CANNOT LOCATE Your Spouse
State Specific - Divorce Software - Missing Spouse - With No Children
DIVORCE FORM PREPARATION
Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your Pennsylvania divorce form preparation today.
COUNSELING
PRIVATE INVESTIGATORS
Advanced Surveillance Group, Inc.
Professional Private Investigators who specialize in infidelity cases and spousal surveillance operating nationwide. Get the truth, end the doubt and anxiety and have the information you need to move forward with your life. Please visit our site which contains a great deal of information to help you evaluate this difficult decision. Fast, affordable and discreet...www.cheatingspousepi.com
BACKGROUND CHECKS
Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.
DOMESTIC VIOLENCE RESOURCES
Pennsylvania Domestic Violence Crisis Assistance
Pennsylvania Domestic Violence Shelters and Hotlines
Pennsylvania Coalition Against Domestic Violence and Sexual Assault
SUPPORT
PENNSYLVANIA DIVORCE LAW RESOURCES
Pennsylvania General Divorce Information
Pennsylvania Divorce Statutes
RESIDENCY REQUIREMENTS AND WHERE TO FILE: No spouse is entitled to commence an action for divorce or annulment under this part unless at least one of the parties has been a bona fide resident in this Commonwealth for at least six months immediately previous to the commencement of the action. A proceeding for divorce or annulment may be brought in the county where the defendant resides, or if the defendant resides outside of this Commonwealth, where the plaintiff resides. [Based on Pennsylvania Consolidated Statutes - Title 23 - Section: 3104]
LEGAL GROUNDS FOR DIVORCE:
Mutual consent--The court may grant a divorce where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of commencement of an action under this part and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce.
Irretrievable breakdown--The court may grant a divorce where a complaint has been filed alleging that the marriage is irretrievably broken and an affidavit has been filed alleging that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken.
Fault--The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has:
1. Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years;
2. Committed adultery;
3. By cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse;
4. Knowingly entered into a bigamous marriage while a former marriage is still subsisting;
5. Been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime;
6. Offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome.
Institutionalization--The court may grant a divorce from a spouse upon the ground that insanity or serious mental disorder has resulted in confinement in a mental institution for at least 18 months immediately before the commencement of an action under this part and where there is no reasonable prospect that the spouse will be discharged from inpatient care during the 18 months subsequent to the commencement of the action. [Based on Pennsylvania Consolidated Statutes - Title 23 - Section: 3301]
MEDIATION OR COUNSELING REQUIREMENTS: The court may, upon the commencement of an action under this part, notify both parties of the availability of counseling and, upon request, provide both parties a list of qualified professionals who provide such services. The court may require the parents to attend counseling sessions and may consider the recommendations of the counselors prior to awarding sole or shared custody. [Based on Pennsylvania Consolidated Statutes - Title 23 - Sections: 3302 and 5305]
PROPERTY DISTRIBUTION: In an action for divorce or annulment, the court shall, upon request of either party, equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such proportions and in such manner as the court deems just after considering all relevant factors, including:
1. The length of the marriage;
2. Any prior marriage of either party;
3. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties;
4. The contribution by one party to the education, training or increased earning power of the other party;
5. The opportunity of each party for future acquisitions of capital assets and income;
6. The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits;
7. The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker;
8. The value of the property set apart to each party;
9. The standard of living of the parties established during the marriage;
10. The economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective;
11. Whether the party will be serving as the custodian of any dependent minor children.
All real or personal property acquired by either party during the marriage is presumed to be marital property regardless of whether title is held individually or by the parties in some form of co-ownership such as joint tenancy, tenancy in common or tenancy by the entirety. [Based on Pennsylvania Consolidated Statutes - Title 23 - Sections: 3501 & 3502]
ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary. In determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors, including:
1. The relative earnings and earning capacities of the parties;
2. The ages and the physical, mental and emotional conditions of the parties;
3. The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits;
4. The expectancies and inheritances of the parties;
5. The duration of the marriage;
6. The contribution by one party to the education, training or increased earning power of the other party;
7. The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child;
8. The standard of living of the parties established during the marriage;
9. The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment;
10. The relative assets and liabilities of the parties;
11. The property brought to the marriage by either party;
12. The contribution of a spouse as homemaker
13. The relative needs of the parties;
14. The marital misconduct of either of the parties during the marriage;
15. The Federal, State and local tax ramifications of the alimony award;
16. Whether the party seeking alimony lacks sufficient property to provide for the party's reasonable needs;
17. Whether the party seeking alimony is incapable of self-support through appropriate employment. [Based on Pennsylvania Consolidated Statutes - Title 23 - Section: 3701]
SPOUSE'S NAME: Any person who is divorced from the bonds of matrimony may resume any prior surname used by him or her by filing a written notice to such effect in the office of the clerk of the court in which the decree of divorce was entered, showing the caption and docket number of the proceeding in divorce. [Based on Pennsylvania Consolidated Statutes - Title 23 - Section: 704]
CHILD CUSTODY: In making an order for custody, partial custody or visitation to either parent, the court shall consider, among other factors, which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the noncustodial parent and the child. In addition, the court shall consider each parent and adult household member's present and past violent or abusive conduct which may include, but is not limited to, abusive conduct as defined under the act of October 7, 1976 (P.L.1090, No.218), known as the Protection From Abuse Act. The court shall award sole custody when it is in the best interest of the child. Also, an order for shared custody may be awarded by the court when it is in the best interest of the child: (1) upon application of one or both parents; (2) when the parties have agreed to an award of shared custody; (3) or in the discretion of the court. [Based on Pennsylvania Consolidated Statutes - Title 23 - Section: 5303]
CHILD SUPPORT: Pennsylvania uses the "Income Shares" model to determine child support. Child and spousal support shall be awarded pursuant to a statewide guideline as established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly. The guideline shall be based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support. In determining the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support, the guideline shall place primary emphasis on the net incomes and earning capacities of the parties, with allowable deviations for unusual needs, extraordinary expenses and other factors, such as the parties' assets, as warrant special attention. In every proceeding to establish or modify an order which requires the payment of child support, the court shall ascertain the ability of each parent to provide health care coverage for the children of the parties, and the order shall provide health care coverage for each child as appropriate.
Where applicable under this section, a court may order either or both parents who are separated, divorced, unmarried or otherwise subject to an existing support obligation to provide equitably for educational costs of their child whether an application for this support is made before or after the child has reached 18 years of age. The responsibility to provide for postsecondary educational expenses is a shared responsibility between both parents. [Based on Pennsylvania Consolidated Statutes - Title 23 - Sections: 4322, 4326, and 4327]
You can find more divorce information in the following articles:
• Do You Need A Lawyer
• Finding Divorce Attorneys
• Collaborative Family Law
• Divorce Considerations
• Divorce Mediation
• Do It Yourself Divorce
• More Divorce Articles
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