DIVORCE LAW
Divorce can be an extremely difficult time for everyone involved, which is where a divorce lawyer can come in to help. The following information will help you understand how Pennsylvania handles divorce, your options for dividing money and property, and some common terms related to divorce and marriage.
There are generally two cases in which courts can grant divorces:
Money and Property
A court can dictate spousal support (during separation but before the divorce is finalized) and/or alimony (ongoing financial support after the divorce), based on a range of factors:
When it comes to dividing money and property, Pennsylvania’s law requires “equitable distribution,” where each spouse receives a percentage of money and property based on many of the same factors as considered in alimony above (except for marital misconduct).
For homes (or other co-owned property), spouses can sell the property and split the proceeds or one can buy the other out to retain full ownership. (However, this needs to be resolved before the divorce decree; otherwise, you become co-owners and can no longer address it in the divorce. The matter would have to be decided in civil court as a real estate matter, which would take more time and expense.)
"COMMON LAW" MARRIAGES
While Pennsylvania used to recognize common law marriages (where people lived together for an extended time and considered themselves as spouses), the law has since changed and spouses must be legally married by a judicial, governmental or religious officiant.
"LEGAL SEPARATION"
Legal separation is not recognized in Pennsylvania. However, the date of separation - when a couple starts living "separate and apart," which depends on individual circumstances - is important for a range of other reasons, so be sure to keep track of this.
ANNULMENT
Annulment is very rare. Cases that qualify for annulment include: bigamy (one partner married a second person without divorcing the first); where one spouse was not capable of getting married due to a mental disorder; and marriages involving minors, intoxication, fraud, duress, coercion or force.
HOW WE CAN HELP
We will obtain a divorce decree for clients who do not need the court to divide money or property. If needed, however, our divorce lawyers will draft settlement agreements regarding money and property for the spouses.
THE COUNTY COURT PROCESS
FAYETTE COUNTY
Complaints in divorce are filed at the Prothonotary at the courthouse. You may file a request for the appointment of a Master to hear money or property claims with the Prothonotary, which will then be presented to the Court Administrator. For local rules, go to www.co.fayette.pa.us.
GREENE COUNTY
Complaints in divorce and requests for the appointment of a Master to hear money or property claims are filed at the Prothonotary at the courthouse. For local rules, go to www.co.greene.pa.us.
SOMERSET COUNTY
Complaints in divorce and requests for the appointment of a Master to hear money or property claims are filed at the Prothonotary at the courthouse. For local rules, go to www.co.somerset.pa.us.
WASHINGTON COUNTY
Complaints in divorce are filed with the Prothonotary at the courthouse, and requests for appointment of a Master to hear money or property claims are presented to the Family Court Judge. The Court Administrator’s divorce office must receive copies of all filings. For local rules, go to www.washingtoncourts.us.
The divorce law is found at 23 Pa.C.S. Chapter 33. For more online information, go to www.palawhelp.org.
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