Old Courthouse                                                                             Lake Harmony, Pocono Mountains, Pennsylvania                                                      Soldiers' and Sailors' Monument, Allen town, PA

DIVORCE IN PENNSYLVANIA

Where do I file the Divorce Complaint?

When considering where to file a divorce complaint, the first issue is whether Pennsylvania has jurisdiction. Either spouse must be a state resident for at least six months prior to filing a Complaint for Divorce. Venue is the question as to where in Pennsylvania the action can be filed. Generally, you can file a divorce complaint in the county (1) where the defendant resides; (2) where the plaintiff resides (if the defendant lives outside the Commonwealth); (3) of matrimonial domicile if the plaintiff has continuously resided in that county; or, (4) after six months after the date of final separation in the county where either party resides.

Grounds for Divorce

The initial document filed is the divorce complaint. If it is alleged that the marriage is irretrievably broken, the court may enter a "no fault" based divorce decree either after 90 days have elapsed from the date of filing the complaint or when an affidavit is filed alleging that the parties have lived separate and apart for a minimum of two years. These are commonly referred to as §3301(c) and §3301(d) divorces.

There are also divorce grounds based on fault, such as adultery, bigamy, or incarceration of one spouse for at least two years.  If alleged, these grounds must thereafter be proven  by evidence or testimony by the party alleging the misconduct.

Division of Assets and Liabilities

Typically all property and debt issues are settled between the parties by either a Marital Settlement Agreement or after trial when an award of property issues is decided by a Judge.  The Commonwealth of Pennsylvania uses an "equitable distribution" approach. The Court will classify marital and non-marital property/assets and debt. Values will be assigned to each; then, the court distributes the assets and debts. An equitable distribution is a fair distribution, not necessarily an equal or "50-50" distribution.

Alimony (Spousal Support)

Courts will order spousal support depending on a variety of factors, including but not limited to (1) each parties? age, education and health; (2) earning potential; (3) length of marriage; (4) standard of living during marriage; (5) any pre-marital property; and (6) the relative needs of the parties.

Child Custody

The Commonwealth of Pennsylvania uses a standard of  the "best interests of the children" in determining custody or visitation.  Some courts and counties require that the parties complete a co-parent education program (COPE) in the beginning of the legal action; other courts may only schedule such programs as necessary.

Child Support

Child support payments may be ordered to be paid through the Court's Domestic Relations Section. The statute sets forth factors the court will consider in setting child support payments, including the parent's earning capacities, net income, the parent's assets, needs of the child, and any extraordinary expenses.  The statute sets forth child support guidelines, and these guidelines are presumed to be correct. The presumption is rebuttable, however. The Court may also require that health insurance coverage be provided for a child if it is available at a reasonable cost.  The rules provide for proportionate sharing of child care expenses based on the parties' net incomes.   

The first $250 per year per child of unreimbursed medical expenses are included in the basic child support obligation by statute.