Divorce Law in Pennsylvania
Are you preparing for a divorce in Pennsylvania? Has your spouse already hired an attorney?
In many cases, couples cannot reach an agreement on their own, so mediation or litigation becomes necessary to resolve disputes and finalize the separation.
Issues Involved in Pennsylvania Divorce Law
There are several major issues the parties must resolve during a divorce proceeding. Because these decisions often involve property, money, and children, emotions may escalate quickly, creating conflict between spouses.
Dividing Property
Dividing marital assets is one of the most complex elements of divorce. In many states, including Pennsylvania, nearly all property acquired during the marriage is considered marital property. This can include homes, investment accounts, vehicles, retirement funds, or any item of value obtained by either spouse.
Some states divide marital property evenly, while others use equitable distribution. Under an equitable split, the court reviews each spouse’s contributions—financial and otherwise—and decides what is fair. This means the final division may not be an exact 50/50 breakdown of assets or debts.
Child Support
Both parents share responsibility for supporting their children. Child support ensures the cost of essentials such as healthcare, food, clothing, and educational needs.
In Pennsylvania, the parent with primary custody usually receives child support payments. The court calculates support by reviewing the combined income of both parents, dividing financial responsibility based on contribution, and applying Pennsylvania’s support guidelines. Payments are generally made each month to the Department of Human Services unless the parties agree to a lump-sum settlement.
Alimony
Alimony, or spousal support, varies widely depending on the circumstances of the marriage. Courts in Pennsylvania consider many factors when determining whether support is appropriate, including:
- A spouse’s financial need and the other spouse’s ability to pay
- The length of the marriage
- The health and age of each spouse
- Education level and earning potential
- Parental duties
- Property division
- Any separate assets or investments
Pennsylvania law also allows alimony pendente lite, which may provide financial support while the case moves through the court system. Depending on the outcome, temporary, rehabilitative, or permanent alimony may be awarded after the divorce, especially in situations where one spouse cannot immediately become self-supporting.
Child Custody and Visitation
Custody is often the most emotionally charged issue in a divorce involving children. The court must base every custody decision on what is in the child’s best interests.
Pennsylvania law outlines numerous factors for determining the best interest of a child. These can include parental involvement, the child’s living situation, educational environment, and any other relevant circumstances supported by evidence. Courts also consider the child’s age and any reasonable preferences.
Generally, Pennsylvania courts award joint legal custody, giving both parents the authority to make decisions regarding their child’s upbringing.
Legal custody does not determine physical custody, and joint custody does not necessarily mean both parents receive equal parenting time. Likewise, a parent without legal custody can still receive visitation based on the court’s orders.
The Process of Going Through Divorce Law in Pennsylvania
If you are considering divorce, it is important to understand the legal steps ahead.
Step 1: File the Divorce Law Petition
The process begins when one spouse files a divorce petition. The petition must include grounds for divorce, proof that residency requirements are met, and any additional information required by law. Pennsylvania allows both no-fault and fault-based divorces. In a fault divorce, the filing spouse may allege misconduct during the marriage.
Step 2: Request Temporary Orders
Because divorces can last months, temporary orders may be needed to stabilize finances or custody arrangements. Temporary orders may cover parenting time, child support, alimony, or property restrictions. Seeking temporary orders early can protect your rights and ensure you have the resources you need.
Step 3: Serve Your Spouse and Wait for Their Response
The spouse who files must have the other spouse formally served with divorce papers. If the spouse accepts service, they must sign an affidavit to confirm it. Otherwise, a sheriff or professional process server must deliver the documents. The third party is responsible for filing proof of service with the court.
Step 4: Try To Come to an Agreement
The ideal result is an uncontested divorce, which requires both spouses to agree on all major issues. Couples can negotiate directly or work with a mediator. Uncontested divorces usually cost less and involve fewer arguments.
Step 5: Go To Court
If the parties cannot reach an agreement, the case proceeds before a Pennsylvania judge. While court involvement ensures a final decision, it also means the spouses have much less control over the outcome. Divorce trials in Pennsylvania are handled in county courts operating under the Pennsylvania Courts of Common Pleas.
Step 6: Receive the Judgment of Divorce
Once the case concludes, the judge issues an official judgment of divorce. This order ends the marriage and finalizes decisions about property division, child custody, support, and any other disputed issues.
Work With an Experienced Pennsylvania Divorce Law Attorney
If you cannot resolve your divorce on your own, an experienced Pennsylvania divorce attorney can help protect your rights and negotiate a fair settlement. We can also connect you with attorneys in neighboring states if needed.
Submit a request online or call (866) 345-6784 to speak with a lawyer in your area today!
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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