Frequently Asked Questions About Divorce In Pennsylvania

If you are considering a divorce in Pennsylvania, you may have questions regarding grounds for divorce and property division. Below are commonly asked questions that attorneys at the Bellwoar Kelly, LLP answer during an initial consultation at our West Chester or Pottstown offices.

What Are Valid Grounds For A Divorce In Pennsylvania?

Pennsylvania permits fault and no-fault divorces. In a no-fault divorce, parties must assert the marriage is irreparably damaged. In a fault-based divorce, the innocent or injured spouse must prove the other spouse engaged in adultery, desertion, bigamy, cruel and barbarous treatment or marital indignities. A spouse may also file for a fault based divorce if a spouse is imprisoned for a crime. If your spouse does not want the divorce, you must wait for two years of separation before a unilateral divorce may proceed.

My Spouse Has Agreed To An Amicable Divorce, Do I Still Need A Lawyer?

Even if both spouses agree to most aspects of a divorce, you should still consult with an attorney to make sure you follow all legal requirements. The dissolution of a marriage is a complicated process, especially when you have children or significant assets. Without legal representation, you may inadvertently sign away important rights or assets.

How Is Property Divided During A Divorce?

Pennsylvania is an equitable distribution state. A court will distribute property owned by the couple to each spouse. Neither spouse may get an exactly equal share, but the courts strive for fair distribution. Separate property owned by a spouse before the marriage (or acquired during the marriage as a gift or bequest) is typically not subject to division, however.

How Is Child Support Calculated In Pennsylvania?

Child support is a monetary payment made by one parent to the other after a separation or a divorce to help pay for the child’s basic needs. When calculating payments, Pennsylvania uses set guidelines which consider the child custody arrangement and the income of both parents.

Let us answer your additional family law questions during a free consultation. To schedule yours, please send us an email or call our office at 610-314-7066.