Divorce Guide

Divorce Guide

Uncontested Divorce in PA

In an uncontested divorce, all the issues related to child support, custody, alimony and property division are mutually solved by both the spouses before filing for divorce.

According to Pennsylvania Divorce guidelines and Pennsylvania Divorce laws, to get divorced in Pennsylvania, either of the spouses should be a resident of the state for at least 6 months before filing the case.

If both parties are in agreement on issues related to child custody, child support, division of property and alimony, then the divorce can be filed in any Pennsylvania county. Pennsylvania divorces are filed in Cameron County. This is because it has the lowest filing fees.

Child Custody and Child Support in an Uncontested Divorce in PA

Pennsylvania divorce laws support a shared legal custody arrangement whenever possible. This means that both parties are jointly responsible for making any minor or major decisions that will affect the child’s life. These issues might include educational upbringing and health care.

It depends on the divorcing parent’s decision whether who will have primary physical custody of the child. The other divorcing party will have visitation that needs to be discussed completely in a Divorce Settlement Agreement. This agreement has to be filed with the court as part of the uncontested paperwork.

Property Division and Alimony in the State of Pennsylvania

Under the divorce state laws, Pennsylvania is classified as an equitable distribution state. Equitable means all the marital property of husband and wife are fairly divided. Fairly does not mean equally. In an uncontested divorce, the parties will make their own decisions as to what is fair and can document their decisions in a Divorce Settlement Agreement.

There are two kinds of spousal support or alimony in Pennsylvania – rehabilitative and permanent. Rehabilitative alimony is for short term and it is meant to help one spouse get to a place where he/she can fully support himself/herself. Permanent spousal support is the support which is provided till certain conditions, such as a party dying or the recipient remarrying, are met.

Steps for Filing an Uncontested Divorce in Pennsylvania

  • Ensure that both the spouses are eligible to file for divorce in Pennsylvania. To qualify, either of the spouses must have been living the state for at least six months.
  • Obtain a copy of a complaint for divorce. These copies are available for a minimal fee on many divorce related websites. One can also hire an attorney for divorce proceedings.
  • Fill out the form with all the necessary information that includes both the party’s names, addresses and the length of time both the parties have lived within Pennsylvania.
  • Specify the grounds for no-fault divorce. For this type of divorce, the reason is usually that the relationship is irretrievably broken.
  • File the complaint with the Court of Common Pleas. Along with the form, one may need to submit a payment to cover the cost of the filing fee. This fee will vary from jurisdiction to jurisdiction.

Wait for 90 days, unless both the spouses have been living apart for at least two years. Under Pennsylvania law, a court will force either of the spouses to wait about three months before granting an uncontested divorce in PA, to see if the relationship has any hope of being reconciled.

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