Divorce Law FAQs

Ether you or your spouse must reside in Pennsylvania for at lease six months immediately before filling the complaint

A no fault divorce is a divorce where there is no allegation of marital misconduct. It is based upon the fact that the marriage is “irretrievably broken.”

If the parties are separated for less than 2 years, the consent of the other spouse is required. However, if the parties are separated for more than 2 years, the law presumes the marriage is irretrievably broken and no consent is required.

Every divorce case is different and the time it takes depends on your particular case. A mutual consent no-fault divorce requires a 90-day waiting period after the divorce complaint is served upon the other party. After the waiting period expires, both parties must file affidavits and mutual consent. The process can take a year or longer.

In non contested matters no court appearance necessary. If the matter is contested it is resolved by the Divorce Master. This proceeding is a series of conferences ending in a settlement or hearing.

Equitable distribution is the process of dividing marital assets/liabilities.

The law defines marital asset as “all property acquired by either part during the marriage”. This also includes “the increase in value of any non marital property’ depending if it meets other conditions.

Although the court may make an award of equitable distribution prior to the entry of a decree in divorce, as a practical matter this is an extraordinary remedy and it is generally not granted. In contested cases of equitable distribution there is no decree in divorce until those claims are resolved.

A parent has an obligation to support his/her children. Support is paid to the custodial parent.

Spousal support may be contested based upon the misconduct of the requesting spouse.

Support is based upon the net incomes of the parties. Net income is the gross income less taxes, mandatory deduction for union dues, etc.

Alimony is discretionary. There is no right to alimony.

It is not possible to determine a fee in advance because there is no way to determine the time necessary to conclude the matter. All fees are discussed and reduced to writing prior to establishing the attorney-client relationship.