When it comes to divorce in Pennsylvania, the court uses guidelines to determine the amount of alimony that one spouse is entitled to. Generally, if there are no children involved, the applicant spouse is entitled to 40% of their partner's income, minus their own income. To file for divorce in Pennsylvania, one of the two spouses must have lived in the state for at least six months before filing. Additionally, the party must file for divorce in the county where either spouse resides. In Pennsylvania, residency is defined as physically living in one place and intending to stay there indefinitely.
When it comes to dividing assets, only marital assets will be considered. The court presumes that any property acquired during the marriage is marital property, regardless of what the title says. If you want to keep an asset out of division, you'll need to show the court why it should be characterized as non-marital property. Pennsylvania law allows for alimony payments from one spouse to another after a divorce. The judge will determine if and how much alimony should be paid based on whether it is reasonable and necessary.
A no-fault divorce means that the spouses do not accuse each other of any misconduct, such as adultery, desertion, cruel or other treatment, and only want their divorce to be finalized based on an irretrievable breakdown. It is important to note that if one spouse filed a divorce petition with the court, the law presumes that the couple began living separately and apart no later than the date the other spouse was notified (lawfully served) of the divorce petition. The divorce lawyer you hire will have a big impact on your divorce costs, but that doesn't mean that the cheapest lawyer in town will actually save you money in the long run. In this case, your divorce will be challenged and both spouses will need to hire lawyers and, possibly, experts who will help with the division of assets and the determination of custody. When choosing a divorce lawyer in Pennsylvania, you want to consider much more than just cost. It's also important to realize that divorce can end up affecting your wallet long after your divorce decree is issued.
A good family lawyer can help you navigate the many questions and uncertainties that arise with filing for divorce in Pennsylvania. The court has the right to allow one or both spouses to reside in the marital home during or after the divorce. The Unified Judicial System of Pennsylvania has a legal glossary that you may find useful if you decide to obtain a divorce and information on how to represent yourself in a divorce. The best advice for choosing the right divorce lawyer in Pennsylvania is to seek character, education and reputation.
