A: A divorce starts out like any other action; it begins with filing and serving a complaint. The divorce complaint can include counts for support, custody, division of property, alimony, temporary alimony, counsel fees and costs, etc.
Q: Do I Have To Be A Resident Of Pennsylvania, And If So, For How Long Before I Can File For Divorce In Pennsylvania?
A: In order to file for a divorce, you or your spouse must be a resident of Pennsylvania for at least 6 months.
A: A divorce can be obtained under no-fault or fault grounds.
A: No-fault grounds are irreconcilable differences/irretrievable breakdown of the marriage 3301(c) or abandonment of the marriage 3301(d).
A: Fault grounds are bigamy, adultery, desertion, violence, conviction of a crime or insanity.
Q: What Are The Requirements For A No- Fault Divorce Under 3301(C), Irreconcilable Differences/Irretreivable Brakedown Of The Marriage?
A: Under irreconcilable differences/irretrievable breakdown of the marriage, the parties must wait 90 days from the date of service of the complaint before signing Affidavits of Consent.
A: Under abandonment of the marriage, the parties must be separated at least 2 years before an Affidavit Under 3301(d) can be filed and served on the other spouse.
A: Under fault grounds, you must have a hearing to prove that (1) you are the “innocent and injured spouse” or not at fault and (2) that the misconduct by the other spouse caused a breakdown of the marriage.
A: Before a divorce can become final, any and all issues raised in the pleadings must be resolved, either by agreement of the parties (“Property Settlement Agreement”) or by the court (“Equitable Distribution”).
A: Some marriages may be invalid or subject to being declared invalid by a judge. These marriages may be annulled.
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