FAMILY LAW FAQ'S

Q.       I am considering a divorce.  How long
does a divorce take to process in Pennsylvania ?

A.     In Pennsylvania , there are three (3) possible procedures for divorce, each of which has its own individual time line.

          Divorces by Mutual Consent Due to Irretrievable Breakdown

          Divorces by mutual consent can take as little as 90 days in Pennsylvania from the date of filing of the divorce action.

         Divorces for Fault

         If the divorce is not by mutual consent, a divorce may be granted to an “innocent and injured spouse” where one of several grounds for divorce have been proven to the Court.  These include:

          (1) desertion for one or more years;

          (2) adultery;

          (3) cruel and barbarous treatment which has endangered the life of the injured and innocent spouse;

          (4) bigamy;

          (5) spouse has been sentenced to prison for a term of two or more years; and

          (6) indignities that render the innocent and injured spouse’s condition intolerable and life burdensome.

          Non-Consensual Divorces Due To Irretrievable Breakdown

          In instances where one spouse will not agree to the divorce, and where the individual who desires a divorce cannot assert the above-specified grounds or does not want to go through the process of proving fault, a divorce can be obtained for an irretrievable breakdown.  Where irretrievable breakdown is the basis for a divorce which is not by mutual consent, the parties must have lived separate and apart for two or more years and the marriage must be irretrievably broken.  If one party denies these allegations, the Court must make findings on these issues.  If the Court determines that there is a “reasonable prospect of reconciliation,” then the Court can postpone resolution for a period of 90 to 120 days and may order that the parties attend up to 3 counseling sessions if either part y requests it or if there is at least one child under 16 years of age.

Q.       If I get a divorce, what property am I entitled to receive?

A.     As a general rule, and absent a pre-nuptial agreement providing otherwise, each party in a divorce, regardless of fault, is entitled to “equitable distribution” of the assets acquired during the marriage (“marital property”) and the increase in value of any nonmarital property which occurs during the marriage, including any property acquired in exchange for nonmarital property.  It is presumed that all property acquired during the marriage is  marital property even though titled in the name of only one spouse.

           “Equitable distribution” considers many factors including (1) the length of the marriage; (2) prior marriages, (3) age, health, station, amount and source of income, vocational skills, (4) the contribution by one party to the education, training, or increased earning power of the other, (5) opportunity for future acquisitions of capital assets and income, (6) sources of income, including any benefits, (7) contribution to, or dissipation of, marital assets by each party; (8) value of the individual property of each, (9) standard of living established during the marriage; (10) economic circumstances of each party.

Q.      Can I lose my home in a divorce?

A.      Yes.  The Court may award one party or the other the marital residence as part of the distribution of assets.  The Court may also give one party or the other the right to reside in the marital residence during the course of the proceedings.

Q.    Can I receive alimony or support while the divorce is proceeding and after the divorce is over?

A.   Yes.  Where the Court finds that alimony is necessary – a determination which, like equitable distribution – is governed by a variety of factors, it may award alimony pendent lite (during litigation) and alimony after the divorce.  However, if one who requests or receives alimony cohabitates with a person of the opposite sex, then they forgo the right to alimony.  The right to receive alimony also ends upon the death of either the pay or or the payee unless provided otherwise by agreement.

Q.      What about legal fees and costs, can I receive those as well.

A.      Yes, legal fees and costs, as well as health and hospitalization insurance may be required to be paid to the dependent spouse until a final order is entered.

Q.    Am I liable for the debts incurred by my spouse?

A.    If the debts are incurred during the marriage, you are likely jointly liable for those debts even though you may not have signed your name to them.