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This material is intended to be a general
statement of divorce law in Pennsylvania and is not a detailed guide.
Be sure to consult with an attorney if you have specific questions.
What are the grounds for divorce in Pennsylvania?
What if I don’t want a Divorce?
How long does it take to get a Divorce?
What is a Legal Separation?
Can I change the locks on my home to keep my spouse out?
What
if my spouse hits me?
Should a Settlement Agreement be in Writing?
What is Marital
Property?
Can a Judge divide Household Goods and Furniture?
What about
bank accounts?
Can I make my spouse pay for the Divorce?
Should I get an Attorney
if I’m served with a Complaint?
What is Support? And How do I get it?
What is alimony? And How
do I get it?
What are the grounds for divorce in Pennsylvania?
While there are a number of grounds for divorce in Pennsylvania,
nearly all cases are consensual "no-fault" or ones in
which the spouses have been separated longer than two (2)
years. Among the other grounds are adultery, bigamy, desertion
and conviction
of various crimes.
Annulments are very rare and hardly any attorney does them.
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What if I don’t want a Divorce?
Talk to a lawyer and find out how to delay entry of the
Decree. Theoretically you can make your spouse go to three
counseling
sessions to try to save the marriage; as a practical matter
the counseling is a waste of time unless your spouse really
wants help.
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How long does it take to get a Divorce?
Theoretically, as little as forty (40) days if the spouses
have been separated longer than two (2) years, and as little
as ninety (90) days on no-fault grounds. As a practical
matter, even if everything goes very smoothly, it will
take at a
minimum several days longer.
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What is a Legal Separation?
In Pennsylvania any separation is a "legal separation." Separation
just means you and your spouse are not living under the
same roof anymore.
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Can I change the locks on my home to keep my spouse out?
Sure. But if the house is in both names, your spouse owns
the house as much as you do, and has the right to come
and go. It is entirely legal for your spouse to break in
and
get into your house. Moreover, there are various legal
remedies your spouse can take to regain the house and perhaps
exclude
you.
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What if my spouse hits me?
Call the police. It is often possible to get what is called
a "Protection from Abuse" Order to get your spouse
thrown out of the house.
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Should a Settlement Agreement be in writing?
As a general matter, all settlement agreements should be
in writing. As a practical matter, you and your spouse
may be able to divide up all property at the time of separation.
This can often be done if you and your spouse have very
little
property.
A settlement agreement can:
1. Divide all marital property;
2. Provide for support of minor children and/or a spouse;
3. Divide responsibility for debts;
4. Ensure someone pays for medical and hospitalization
insurance;
5. Custody and visitation of children and
6. Almost anything else.
A settlement agreement can be very complex and can cost
plenty of money if the spouses cannot agree.
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What is Marital Property?
The Divorce Code provides that virtually all property you
and your wife acquire during the course of your marriage
is marital property, subject to division by a Judge. Generally,
however, gifts, inheritances and premarital property remaining
in one spouse’s name are not marital property. This
is a very complex area of the law.
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Can a Judge divide household goods and furniture?
Sure. It is marital property. However, it is a very poor
idea to expect a Judge to spend a lot of time dividing
up the "pots and pans." No matter how precious
those items are to you, a Judge will likely regard battling
over
the pots and pans as a waste of time.
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What about bank accounts?
They are subject to a Judge’s division just like
all marital property. Determining, however, whether or
not all
or part of the bank proceeds is marital property can be
difficult.
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Can I make my spouse pay for the Divorce?
No . . . but a Judge can order your spouse to pay if your
spouse is making significantly more money than you are.
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Should I get an Attorney if
I’m served with
a Complaint?
Yes. The Complaint may ask for alimony, distribution of
property or custody of minor children in addition to a
divorce. All
of those issues involve complexities that you should discuss
with an attorney.
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What is Support? And How do I get it?
Generally speaking, support is a periodic payment from
the financially superior spouse to the needy spouse while
the
parties are married. It is different from alimony - since
alimony is paid after the parties are divorced. Support
can be arranged either:
1. by an agreement between the parties or
2. by filing for support in the Courthouse of the County
where the financially needy spouse resides.
Arrange for an appointment with my office and I can
provide more information specific to your circumstances.
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What is Alimony? And How do I get it?
Alimony is a periodic payment from the financially superior
spouse to the needy spouse after the parties are
divorced. The question of eligibility and the amount of alimony
is a very complex field of the law and varies with each
case. If it is determined that alimony is appropriate,
it can be
awarded by either:
1. an agreement between the parties or
2. by an Order of Court after a hearing to settle economic
claims that arose during the course of the divorce
litigation.
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For more detailed answers on these
or any other legal matters,
please feel free to contact me at my office.
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