Learn How to File for a PA Divorce and What to Expect in Court at Your Hearing

Are you filing for a PA divorce? There are a few things to know before you do. One is the state’s residency requirements. You need to know that either you or your spouse must be a resident of the State of Pennsylvania for at least six months prior to filing.

You can file a petition for divorce in a number of different places within the state:

•    In the county where your spouse resides, or if that is outside the state, in the Pennsylvania county where you reside;
•    In the county of matrimonial domicile in the state, if you have continuously resided in that county;
•    Where you reside, prior to six months after the date of final separation and with agreement of the defendant, or if neither party continues to reside in the county of matrimonial domicile, where either party resides;
•    After 6 months of the date of final separation, where either party resides.

According to state divorce laws, there are two essential documents needed in a divorce case. The first is the Complaint for Divorce you file to begin the process. The other is the Decree of Divorce the judge issues to finalize it.

A few other documents are typically filed during the process. These include:

•    An Affidavit of Verification to establish the identity and credentials;
•    A Domestic Relations Income and Expense Statement, which establishes a household’s financial conditions;
•    A Notice to File Social Security Numbers, which is self-evident;
•    A Marital Settlement Agreement, which sets an agreed framework of terms;
•    An Acknowledgement of Facts;
•    A Praecipe to Transmit Record, which lists all data relevant to the divorce decree.

Under Pennsylvania law, when you have failed to reach an agreement on the division of property in the course of divorce proceedings, either you or your spouse may request the divorce court to intervene. The court divides the property in a way it regards as equitable.

Equitable does not mean equal. It means fair and just, in terms of the role of each spouse in the acquisition of and use of specific items of property and the lifestyle and material needs of each. Also considered is the presence or absence of children and if present, their needs, as well as the earning capacity of you and your spouse once the divorce has been granted. The court considers these and any other relevant factors.

While a change of name is not literally a gender issue, in the context of a divorce, it normally affects only the woman. A female spouse, if she wishes to be restored to her maiden surname after the divorce, must include that name in her petition for dissolution as part of the relief sought.

As per Pennsylvania divorce laws, as part of the process of discovery, the divorce court may order the opposed parties to go through and attend an orientation session where the mediation process would be explained in detail. This is most often in all cases where domestic violence or similar issues have led to a deadlock in attitudes.

Following model guidelines for implementation developed by the state Supreme Court, mediation is mandated. Experts on mediation and domestic violence are in attendance as a final attempt to either save a marriage or reach a mutually satisfactory understanding on the divorce.

What Happens with Alimony?

As for alimony, not all cases involve support from one spouse to the other, according to Pennsylvania laws. The court may oblige one spouse to support the other financially on a temporary or permanent basis on the merits of the case. There are no binding guidelines here.

Alimony may be awarded to you or your spouse, as it deems fair and reasonable. This is possible only if the court decides that there is no other alternative to it.

In awarding child custody and child support, the Pennsylvania court considers the quality of parenting each parent provides, the child’s own emotional and material needs, and the ability of each parent to provide them. These considerations are critical where domestic violence is an issue. Child support terms may be periodically reviewed as the child’s needs evolve.