What to Expect During the Divorce Process in Pennsylvania

Divorce is a difficult and often overwhelming experience, especially when navigating the legal complexities involved. If you are considering or going through a divorce in Pennsylvania, understanding the process can help alleviate some of the stress. This guide breaks down the steps, filing requirements, timelines, and what to expect during the divorce process in PA.

1. Determine Grounds for Divorce

In Pennsylvania, divorces can be categorized as “fault” or “no-fault.”

No-Fault Divorce: The most common type includes mutual consent divorces, where both parties agree the marriage is irretrievably broken. It can also include “irretrievable breakdown” cases, where one spouse claims the marriage has broken down beyond repair, even if the other does not consent.

Fault Divorce: This occurs when one party alleges the other spouse is responsible for the breakdown of the marriage due to reasons like adultery, abuse, abandonment, or imprisonment.

Most people in Pennsylvania opt for a no-fault divorce, as it tends to be quicker and less contentious.

2. Filing the Divorce Complaint

Once you’ve determined the grounds for your divorce, the next step is filing a divorce complaint. This is the official document that begins the legal process. In Pennsylvania, the complaint must be filed in the Court of Common Pleas in the county where either spouse resides. It includes important information such as:

• The names and addresses of both spouses
• The date of separation
• The grounds for divorce

Once the complaint is filed, the other spouse (the defendant) must be officially notified or “served” with the divorce papers. Depending on the type of service used, they will then have 20 to 30 days to respond.

3. Negotiating Key Issues: Property, Custody, and Support

After the complaint is filed and served, both parties will work to resolve key issues such as property division, child custody, child support, and spousal support (alimony). Pennsylvania follows an equitable distribution model for dividing marital assets, meaning the court will divide assets fairly but not equally. Factors such as the marriage’s length, both spouses’ health, and income will be considered.

Child custody and support will also need to be resolved in cases involving children. Pennsylvania courts prioritize the best interests of the child, focusing on factors such as each parent’s ability to care for the child, the child’s relationship with each parent, and any history of domestic violence.

4. Waiting Period for Finalization

There are two different waiting periods depending on the type of divorce:

• Mutual Consent (No-Fault): In cases where both spouses agree to the divorce, Pennsylvania law requires a 90-day waiting period after serving the divorce complaint before it can be finalized. During this time, both parties must agree on the terms of their divorce.
• Irretrievable Breakdown (No-Fault): If one spouse does not consent, the court will finalize the divorce after one year from the date of separation. During this time, the spouse who filed must demonstrate that the marriage is irretrievably broken.
• Fault-Based Divorce: There is no mandatory waiting period for fault divorces, but they generally take longer due to the need to prove fault, which often involves litigation.

5. Settlement or Trial

If both parties can agree on property division, custody, and support, they will enter into a divorce settlement agreement. Once both sides sign the agreement, it is submitted to the court for approval.

However, the case may go to trial if negotiations fail and critical issues remain unresolved. The court will review the evidence and testimony from both sides before deciding on property division, custody, and support arrangements.

6. Finalizing the Divorce

Once all issues are settled or ruled upon by the court, the final step is issuing a divorce decree. This legal document officially ends the marriage and outlines the court’s property, support, and custody decisions.

In Pennsylvania, the divorce is considered complete when the judge signs the divorce decree, which can be issued shortly after a settlement is reached or after the trial concludes.

How Long Does the Divorce Process Take in Pennsylvania?

The timeline for divorce in Pennsylvania varies based on several factors, including the type of divorce and whether or not the spouses can agree on the terms. The process can take as little as 4-6 months in mutual consent cases. However, if there are disputes over key issues or a fault-based divorce is pursued, the process can extend to 12 months or more.

Do You Need a Divorce Lawyer?

While it’s possible to represent yourself in a divorce, having an experienced family law attorney can make a significant difference, especially in contested cases. An attorney can help negotiate fair terms, protect your rights, and ensure the legal process runs smoothly.

If you’re facing divorce or contemplating the process, clearly understanding the steps involved can help you feel more in control. For personalized guidance and expert legal support, contact Gary Saylor, II, Esq., an experienced family lawyer in Stroudsburg, PA. Let us help you navigate this difficult journey with confidence and care.