If you decide to file for divorce in Philadelphia, Pennsylvania, your divorce proceedings as well as related matters such as child custody or child support issues will be decided in accordance with the laws in Pennsylvania.
To be eligible for a divorce proceeding in Philadelphia, at least one of the parties must have been a resident of Pennsylvania for a minimum of six months. A divorce proceeding in Philadelphia is initiated when one spouse files a divorce complaint
Grounds for Divorce in Philadelphia
You may either file a no fault divorce or a fault based divorce. A no-fault divorce is when there is a breakdown of a marriage that cannot be worked out. You do not need to have a reason or prove a fault for divorce. To be able to file for a no fault divorce in Philadelphia, you and your spouse must be legally separated without co-habitation for a minimum of two years. Also, you must declare that your marriage is irretrievably broken and both parties must agree to the divorce and have signed and filed the appropriate documents in court.
On the other hand, grounds or reasons for a fault-based divorce in Philadelphia include desertion or abandonment for at least one year, adultery, bigamy, cruel and inhuman treatment that imperils the life or wellbeing of the other spouse, imprisonment for at least two years, personal indignities and confinement in a mental institution with little or no possibility of being released in the near future.
Property Division and Alimony in Philadelphia
All property not categorized as a separate property is considered a marital property in Philadelphia. It will be divided equitably but not necessarily equally. Separate property is the property acquired before the marriage. It may also be the property obtained during the marriage in a form of a gift or inheritance to exclusively one spouse.
Under particular circumstances, the court will award alimony which is also known as spousal support or maintenance to be paid by one spouse to the other. The length and amount of spousal support are based on different factors which include the duration of the marriage and the financial situation and earning capacity of each spouse.
Child Custody & Child Support in Philadelphia
The laws in Pennsylvania require the court to decide on child custody issues based on the best interests of the child. A shared custody may be considered by the Family Division of Philadelphia Court of Common Pleas if it is in the best interest of the child. In general, a parent that is not awarded custody is granted visitation rights.
Child support is calculated depending on the joint net income of the parents and the number of children each parent supports. The paying parent can make online payments through Pennsylvania Child Support Program after the Family Division of Philadelphia Court of Common Pleas has ruled on child support.
In order for you to ensure that you meet the legal requirements to file for a divorce in Philadelphia and that you get a fair division of property and an alimony agreement, as well as obtain positive outcomes for other divorce issues, it is a must to get the services of a Philadelphia divorce lawyer to guide you in every step of the way.
Divorce has become an increasing reality in the past century. When considering a divorce, there are many other factors that play a role in this life-changing decision. That is why it is best to take some time to think what is involved with a divorce and the effect it can have on your life. One major reason couples divorce is when one of the partners in a marriage, whether it is the husband or it is the wife, is physically or emotionally abusive, and unwilling or unable to get treatment for the abusive tendencies.