MAKING SENSE OF DIVORCE

Under Pennsylvania Law, a spouse can file an action for divorce when at least one of the parties has been a resident of Pennsylvania for at least six months prior to commencement of the action.

 

In Pennsylvania you can obtain the grounds for divorce based upon mutual consent or fault.  With mutual consent, the Court may grant a divorce where the marriage is irretrievably broken and ninety days have elapsed from the date of the commencement of the action for divorce.  An Affidavit must be filed by each of the parties showing that they consent to the divorce.

 

The Court may also grant a divorce where a Complaint has been filed that the marriage is irretrievably broken and an Affidavit has been filed setting forth that the parties have lived separate and apart for a period of at least one year. 

 

In the event there is a marital estate and equitable distribution is requested by either party, the Court will not grant the divorce until the economic issues have been resolved. 

 

It is the Court’s obligation to “equitably divide” the marital property between the parties without regard to marital misconduct.  This means that a person’s negative behavior or the fact that they had an affair does not effect the distribution of property. 

 

Property is not always divided 50/50.  The Court is permitted to determine the appropriate percentage for each party based upon certain factors as set forth in the Divorce Code.  The Court is to consider the following:

1. Length of the marriage;

2. Any prior marriage of either party;

3. The age, health, station, amount and sources of income, location of skills, employability, estate, liability, 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 for both parties including but not limited to medical, retirement, insurance and 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 a homemaker;

8. The value of the property set aside to each party;

9. The standard of living of the parties established during the marriage;

10. The economic circumstances of each party at the time of the division of property is to become effective;

11. The tax ramifications associated with each asset to be divided;

12. The expense of sale, transfer or liquidation associated with the particular asset; and

13.  Whether the party will be serving as a custodian for any dependent minor children.

 

Other Topics Of Interest:

Making Sense Of Divorce

What Is Marital Property?

What Is Qualified Domestic Relations Order (QDRO)

What Is Alimony?

 

Topics To Come:

Does it matter who files for divorce first?

Am I allowed to date?

Does Pennsylvania have a legal separation?

Affording a divorce