Text of Pennsylvania Statutes regarding divorcing and divorced persons resuming their prior surname. About HG. Find a Law Firm:. Need a Lawyer? Divorce in Pennsylvania is conducted as a civil action, with one party, Plaintiff, filing a Complaint for Divorce, and the other party being named as a Defendant. Residency Requirement: To file for divorce in Pennsylvania, one or both of the spouses must have lived in the state for at least six months. Filing: The Plaintiff, may file the Complaint for Divorce or a Petition for Annulment with the Prothonotary in the county in which either spouse resides or upon which both parties have agreed either in writing or by participating in the proceeding. No-fault Grounds: The court may grant a divorce for the following no-fault grounds.
New Beginnings – Dating Through Divorce
One of the most important first steps in obtaining a divorce in Pennsylvania is to establish a date of separation. It starts the clock for certain mandatory waiting periods for obtaining a divorce in Pennsylvania; and. Perhaps the most definitive method of establishing a date of separation in Pennsylvania is to file a divorce complaint. The law presumes that the date of separation is the date on which the divorce complaint is filed unless a party can establish an alternate date.
It is also important to separate the joint finances.
While a divorce is treated similarly to the dissolution of a partnership oftentimes parties experience the same grief as if one of the spouses had.
When you are going through a divorce, you may wonder whether you should be dating and if you do how it will impact your case. Once you are separated, even though the divorce is not yet final, you are permitted to date without it being considered grounds for adultery in the legal arena. While adultery is a factor in the consideration of an award of alimony, it refers to relationships that began prior to a separation not after.
Once a divorce complaint is filed you are clearly separated and for some that may now involve the choice to date. If you are entitled to support or alimony, you may date both during the divorce or afterwards. As long as you do not cohabitate, it will not affect your alimony award. Cohabitation can be found even if the other person has their own residence if they spend significant overnights with you. Whether you choose to date during or after the divorce is a personal choice.
It is also a personal choice as to whether you want to disclose it to your former spouse. Sometimes it may help your former spouse accept that the relationship is over and in other cases it may add such fuel to the fire that it makes an amicable settlement impossible. In the latter case, you may want to wait until the divorce is final.
The Intricacies of a Divorce: Fault or No-Fault Grounds in Pa.
For example, the date of separation is important to properly identify and value assets which are owned jointly or individually by the couple. In Pennsylvania, when a couple separates it does not have to be a physical separation. In fact, spouses can be separated while still living in the same house, possibly even in the same bedroom. The key factor to consider is when did the spouses stop behaving like a married couple.
In all cases, if one party decides to file a divorce complaint that is the latest date that a court will consider the parties to have separated.
It’s not uncommon for divorcing spouses to race into new relationships, even while a divorce is pending. A partner may offer security, but that new relationship.
Under Pennsylvania Law, you have the right to represent yourself in all legal cases, including divorce. The legal term for representing yourself is “pro se,” pronounced “pro say” which is Latin for “on your own behalf. It is important to understand that by representing yourself, you may be giving up important rights. It is very important for you to find out if your spouse has a pension, retirement account, insurance or other significant property before you decide whether to file your own divorce.
If you do not ask for such things in the divorce, you will give them up forever. This will give you an indication on how to proceed with the divorce. The law limits the authority of the court to grant divorces known as a question of jurisdiction-can this court hear this divorce? The law also dictates when the court has jurisdiction over a divorce proceeding.
Within Pennsylvania, the Court of Common Pleas has jurisdiction to hear divorce cases. Generally, the Common Pleas court with jurisdiction for your case is the Common Pleas court in the county where you live or the Common Pleas court in the county where your spouse lives. When you file the relevant papers, you must have stated your grounds for that court to have jurisdiction. If not state correctly, your spouse could file a motion to dismiss your case.
Is Dating During Separation Adultery in Pennsylvania?
This plain and simple guide will give you a complete overview of all the legal issues you need to consider as you prepare for divorce in PA, specifically, as divorce laws vary by state. Once you have this foundation, you will able to speak intelligently with an attorney or divorce mediator so you stay in control of your situation. Pennsylvania Divorce Law is important to understand for your divorce, no matter which process you choose.
You and your spouse must be living apart during this time. However, if you began the divorce or separation process before that date, you still.
If you do not have children, consult with your attorney before dating. Your attorney may advise you that dating is OK. However, it is never OK to begin a sexual relationship before you are divorced, whether or not you have children. Again, discuss this with your attorney first. Your team at Martin Attorneys, PA is happy to meet with you, our clients or prospective clients by phone, Skype, or in person.
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Pennsylvania Divorce Law 101: Know The Basics
One of the first questions clients often ask is about filing for a “legal separation. For example, the date of separation is important to properly value assets owned jointly or individually by the parties. When parties “separate” in Pennsylvania, it does not always require physical separation.
Ben Mckenzie Photos: Winter TCA Tour – Day Dating while divorcing in pa Divorce In Pa, Gotham Cast, Langham Hotel, Morena. Article from zimbio.
A dissolution of marriage is a difficult and emotionally-charged process. There are a lot of issues that must be resolved, and there is great uncertainty about the future. Some divorcing spouses mourn the loss of their marriage and they are in no hurry to start dating again. In Florida, there is nothing that legally prohibits spouses from dating during the divorce process. Dating may impact the dissolution of marriage process in a number of ways, and there are some emotional and legal factors that you should consider before deciding to take this step.
One of the first issues to consider is whether or not you are ready from a purely emotional standpoint to start dating again. This may seem like a good approach, but the reality is it could leave you in a vulnerable position and expose you to further heartache in the future. So, before you go back on the dating scene, take an honest look at your current emotional condition to decide if this will be good for you. Whether you are ready to date or not, another issue you need to consider is the impact your dating relationship will have on the mindset of your spouse and children during the divorce process.
Dating someone else may create animosity between the two of you, causing the divorce to drag on and become costlier for both parties. And if you have children, you should also think about how they will react to you finding a new love interest so quickly. Speaking of children, your child custody arrangement referred to in Florida as the parenting plan could be impacted by a new dating relationship. Your spouse may argue that you are more focused on your dating life than the kids, and that you are exposing the kids to inappropriate situations.
This could cause the court to award your spouse more time with the children.
Pennsylvania Divorce and Separation: The Distinction
Pennsylvania does not require spouses to gain court approval for a separation which means they may contract privately on their own at any time for the separation of their estate. For various reasons, spouses who are struggling in their marriage often decide to separate prior to, or instead of, divorce. For many, separation acts as either a cooling off period for couples having difficulty communicating or a slower adjustment toward what will ultimately become new living arrangements for the family.
Effective December 5th, , Section d of the PA Divorce Code was amended in an effort to enable spouses to divorce after a 1-year wait period instead of 2 years. The intention behind the change is to reduce the conflict and financial burden often incurred with a 2-year rule.
The date of separation is important in calculating the two-year time period that must While it is possible to be separated and still live under the same roof, this.
It goes without saying that there must be a valid marriage before there can be a divorce or an annulment. In most circumstances, a marriage is entered into as part of a civil or religious ceremony and a marriage license is obtained. However, Pennsylvania was once one of the few states that also recognized common law marriages. A common law marriage is a marriage entered into by the parties informally, without a civil or religious ceremony.
There was never a requirement in Pennsylvania law that the individuals reside together for a certain period of time before they would be considered to be a married common law couple or that living together for a certain period of time would automatically create a common law marriage. While common law marriages entered into prior to January 1, may still be valid, Pennsylvania does not recognize common law marriages attempted to be entered into after January 1, A threshold requirement for obtaining a divorce is residency or domicile of one or both parties who are to be divorced.
Not only are there residency requirements related to which state a divorce complaint can be filed, but there are also considerations for the county in which a divorce complaint can be filed with the court. There has been a number of PA law firms that promote quick or cheap divorces by the filing of a divorce complaint in a county where neither party resides. This practice generally only leads to problems and has recently been rejected by the Pennsylvania Superior Court.
A divorce decree can be issued against the defendant-spouse even if Pennsylvania does not have personal jurisdiction over the defendant-spouse.
How Long Does It Take to Divorce in Pennsylvania?
Often when a couple decides to separate and get a divorce, a party may find himself or herself suffering various degrees of psychological, mental and emotional distress in addition to the fear of what to expect. In Pennsylvania, a divorce is treated similarly to the dissolution of a partnership where assets and debts need to be divided between the parties, and other economic issues are decided. While a divorce is treated similarly to the dissolution of a partnership, oftentimes, parties experience the same grief as if one of the spouses had passed away.
This grief is necessary, and a party needs to go through the grieving process in order to move forward. Register Now. Sign In Now.
There is a difference between a legal separation and divorce in Pennsylvania, While it seems counterintuitive that a married couple can live separate and apart and apart not later than the date the complaint was served on the other party.
Divorce is the legal process of ending a marriage in Pennsylvania. These include equitable distribution, which is the legal process of dividing up marital property in Pennsylvania. People also think of support claims such as alimony pendente lite, and spousal support , and sometimes even custody and child support claims. While all of those claims can be included in a divorce action, this introduction will focus exclusively on the actual divorce aspect of a case.
Since the introduction of the no-fault divorce law in Pennsylvania, the vast majority of divorces proceed as no-fault divorces. In general, there is only one exception to the rule. This includes cases where i the spouse desiring to move a divorce forward is not at fault and has fault grounds against the other spouse adultery for example , ii the at-fault spouse is not willing to agree to a divorce, and iii the spouse seeking the divorce is not willing wait one year to obtain a divorce.
Even when a fault divorce is filed, the divorce usually ends up proceeding as a no-fault divorce. For more information on fault divorces, please see our related article Litigating Pennsylvania Fault Divorces.