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Divorce Law in Erie, PA

Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues.

Are you facing a costly divorce in Erie, Pennsylvania? Does your estranged spouse have an attorney? Usually, couples going through a divorce are unable to compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.

Issues Involved in Erie, Pennsylvania Divorce Law

There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.

Dividing Property 

Dividing property, debts, and assets is often one of the most complex aspects of divorce. In many states, including , any property acquired during the marriage is considered marital property and subject to division. This can include real estate, bank accounts, vehicles, investments, and other assets accumulated over time. Determining how to split these assets fairly requires a careful review of each spouse’s financial situation.

Some states follow a strict 50/50 split, while others use an equitable distribution approach. In equitable distribution states, judges evaluate each spouse’s contributions to the marriage—both financial and non-financial—before deciding how to divide assets and debts. As a result, the final division may not be an exact split but rather what the court deems fair based on the circumstances.

Child Support 

Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing, and other basic needs.

Under Pennsylvania law, Erie courts use a formula to calculate child support payments. The formula incorporates the incomes of both parents and the number of children. If you do not pay your child support, the Pennsylvania Bureau of Child Support Enforcement can garnish your wages or seize your property. In addition, you could lose your driver’s license or even go to jail for contempt of court.

Alimony 

Alimony, or spousal support, can vary dramatically depending on the marriage, and Erie, PA divorce law court looks at multiple factors when determining the amount and length of alimony, including:

  • A spouse’s need and the other spouse’s ability to pay
  • The age and health of each spouse
  • The length of the marriage
  • Each spouse’s earning capacity and level of education
  • The division of property
  • Parental responsibility of the children
  • Sole investments and assets of either spouse

Pennsylvania statute permits alimony when one spouse is financially dependent and cannot meet basic needs after the divorce. Alimony in Erie is almost always temporary, giving both spouses time to become financially independent.

Child Custody and Visitation

Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.

Pennsylvania legislation guides Erie judges for making custody decisions. Factors used to determine the best interest of the child can include:

  • Any prior abuse by any party
  • The child’s need for stability
  • The willingness of each parent to encourage and permit a relationship between the child and the other parent
  • Each parent’s desire and availability to care for the child

Erie courts have the discretion to consider any relevant factors. However, they are required to give more weight to those factors related to the physical safety of the child.

Generally, Erie, Pennsylvania courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care, and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.

The Process of Going Through Divorce Law in Erie, Pennsylvania

Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.

Step 1: File the Divorce Law Petition

The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:

  • A legal reason for divorce (grounds for divorce)
  • A statement that shows at least one spouse meets the state’s residency requirements for divorce
  • Other statutory information your state requires

Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.

No-fault divorce is permitted in Erie under two circumstances. Both spouses can agree that the marriage is irretrievably broken. Alternatively, If only one spouse makes the claim, the judge can declare the marriage broken. However, there must be a finding that the couple has been separated for at least a year.

Step 2: Request Temporary Orders

The divorce law process in Erie can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:

  • Child custody
  • Child support
  • Spousal support
  • Property restraining orders
  • Status quo orders

Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.

Step 3: Serve Your Spouse and Wait for Their Response

If you are the one who files a divorce petition, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts the service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third party who then records the proof of service.

Step 4: Try To Come to an Agreement

The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.

This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.

Step 5: Go To Court

If you and your spouse are unable to reach an agreement, then the case continues before an Erie, PA judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.

Divorces in Pennsylvania are under the jurisdiction of the county courts. Erie residents can file for divorce at the Erie County Courthouse.

Step 6: Receive the Judgement of Divorce

The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody, and all relevant issues between the couple.

Work With an Experienced Erie, Pennsylvania Divorce Law Attorney

If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Erie divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Pennsylvania state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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