Divorce fault in no pennsylvania
Call or use the email form to schedule a consultation! Map and Directions. Riegel Nicholas J. Best Joshua B. Goldberg Jason R. Costanzo Lauren Allu John R. The Downside of a Fault-Based Divorce Generally speaking, fault-based divorces are somewhat outdated and rarely used.
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- In Pennsylvania, separation can be grounds for no-fault divorce | Law Offices of Lance T. Marshall.
- Grounds for Divorce in Pennsylvania;
- Divorce in Pennsylvania.
Why would someone choose a fault-based divorce? Schedule a Consultation. In contrast to a fault divorce, in a Pennsylvania no-fault divorce proof of legal fault is not required. Rather, the only requirement is that one or both parties want to get divorced.
- Pennsylvania No-Fault Divorce (No Children) - Legal Forms?
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However, the length of time it takes to obtain a no-fault divorce is dependent on whether both parties agree to proceed with the divorce. There are two types of no-fault divorces available in Pennsylvania: no-fault divorces in which both parties consent to the divorce and no-fault divorces where only one party consents to the divorce. In the former case, the divorce can proceed as soon as 90 days after the divorce complaint is served.
In the latter case, however, where one spouse does not want the divorce or will not agree to a no-fault divorce due to economic or other reasons , the divorce cannot proceed until two years have elapsed from the date of separation, which is presumed under law to be the date the divorce is filed although the presumption is rebuttable based on evidence of another date of separation presented at a hearing.
How to File for Divorce in PA: Steps, Fees & Forms | eLocal
Thus, a disagreeable spouse or his or her divorce lawyer can potentially delay a divorce for two years or more, all while the delaying spouse continues to receive economic benefits from the marriage, such as spousal support and residence in the martial home. Where fault grounds exist, however, the party seeking the divorce can expedite the divorce by proceeding on a fault ground if consent is not forthcoming.
After alimony is granted, a person loses the right to continue getting it if he or she remarries or lives together as husband and wife with a person of the opposite sex. Either spouse also can get a court order for temporary support until the court grants a divorce. Under this temporary order a spouse may also receive attorney's fees, medical insurance coverage, and other expenses. Marital property generally means all property acquired during the marriage. Marital property includes the increase in the value of any property which one spouse acquired before the marriage or acquired by gift or inheritance, but not the property itself.
It does not matter if the title to the property is in the name of only one spouse. A couple can agree to divide their property in any way they choose. They may have the court make the agreement part of the court order. Except in unusual cases such as fraud, the court cannot modify a property division agreement as long as the parties fully disclosed their financial situations to each other and entered into the agreement knowingly and voluntarily.
An agreement can be a good idea because it potentially saves parties money, time, and aggravation.
Pennsylvania No-Fault Divorce Law, grounds for dissolution of marriage
However, if no agreement is possible, either spouse can ask the court to divide the marital property in a fair way. In deciding how to divide the marital property the court will consider many factors, such as the number of children, the parties' health, earning capacity, education, and their standard of living. The court has the right to give more of the marital property to one party than to the other. As with alimony, a request that the court divide marital property must be made as part of the divorce action before the court finally grants the divorce.
Unlike alimony and marital property, child support and custody do not have to be included in a divorce action. These matters can be decided at any time, and in separate court actions. But if either party wishes, child support and custody can be included in a divorce case.
A couple can make a written agreement about child support and custody and then have the court make the agreement part of a court order. If the parents cannot agree, either party can ask the court to decide these matters. Either party may ask the court to modify a child support or custody order at any time if it is in the child's best interest.
For more information about Child Support and Child Custody, see separate brochures on these subjects. One of the purposes of the divorce law is to protect and preserve the family, especially where there are children. Therefore, the court can order counseling if either party requests it.
Legal Information: Pennsylvania
Some courts also require the parties to attend a seminar about how to help children deal with divorce. The costs of a divorce vary. Every court charges for bringing a divorce action. There may be additional costs where there must be hearings about alimony, support, or marital property. These costs can be very high. Private attorneys also charge fees, which can vary widely.