Like every other state, Pennsylvania has a no-fault divorce statute that allows two people to end their marriage without saying that either person did any thing wrong. Instead, both people claim that the marriage is “irretrievably broken.” No-fault laws make getting a divorce easier than ever.
Additionally, parties in Pennsylvania who are in agreement about all of their marital issues have a situation known as an uncontested divorce. Uncontested divorces in Pennsylvania can be handled entirely through the mail.
Residency Requirements to File a Divorce in Pennsylvania
In order to file for divorce in Pennsylvania, one of the parties must have lived in the state for at least 6 months before filing or have been stationed in the state as a member of the military for the same period of time.
If both parties are in agreement about all of the issues that need to be decided in the divorce, to include child custody, child support, division of property and alimony, then the divorce can be filed in any Pennsylvania county. Most Pennsylvania divorces are filed in Cameron County because it has the lowest filing fees.
Child Custody and Child Support in a Pennsylvania Divorce
Pennsylvania divorce laws encourage a shared legal custody arrangement whenever possible. This means that both parties remain jointly responsible for making major decisions that will affect the child’s life. These issues might include religious instruction, educational upbringing and health care.
Divorcing parents must also decide who will have primary physical custody of the child. The other party will have visitation that should be spelled out fully and completely in a Divorce Settlement Agreement that can be filed with the court as part of the uncontested paperwork.
Property Division and Alimony in the State of Pennsylvania
Under its divorce laws, Pennsylvania is classified as an equitable distribution state. This means that all of the marital property of the husband and wife should be divided fairly. Fairly does not mean equally. In an uncontested divorce, the parties will come to their own decisions as to what is fair and can document their decisions in a Divorce Settlement Agreement.
There are two kinds of alimony, or spousal support, in Pennsylvania – rehabilitative and permanent. Rehabilitative alimony is short term and is meant to help one spouse get to a place where he can fully support himself. Permanent spousal support is ongoing until a certain conditions, such as a party dying or the recipient remarrying, are met.
Free Legal Forms to Prepare an Uncontested Pennsylvania Divorce
A divorce by mutual consent is an uncontested matter that takes about 4 – 6 months to finalize from the date of filing. A separation divorce, available to parties who have been separated for 2 or more years and are in agreement on all of their issues, can be finalized in about 45 days. All of the forms and instructions necessary to file and finalize an uncontested Pennsylvania divorce that does not include children are available at the Cameron County Court of Common Pleas.
Pay careful attention to the instructions concerning when to send which documents to the prothonotary in the county where the action is being filed. Feel free to call the courthouse with any questions. The staff there is not allowed to give legal advice, but they can give general legal information and can help parties who are filing without an attorney know what to expect from an administrative standpoint.
Filing and finalizing an uncontested divorce without a lawyer in Pennsylvania is not difficult if two people are in agreement. People who have complicated situations or who have questions concerning a legal aspect of their divorce, should consult with a licensed Pennsylvania before proceeding with a divorce action in the state.
For more information and free legal forms, to include forms that address parties with children filing an uncontested divorce, see Lancaster County Court Self-Help Center.
Read also Self Respresentation in Court without an Attorney, How to File for Uncontested Divorce in Georgia and Filing and Finalizing a Divorce in Georgia.
Sources:
Pennsylvania Code: Actions for Divorce or for Annulment of Marriage
Janice Fahy - Janice Fahy is a freelance writer who is comfortable researching and writing on just about any topic under the sun.
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