Introduction
The decision to file for a divorce can be a sensitive time, as well as a legally complex period. Even the uncontested divorce and custody matters need an experienced family law attorney to ensure paperwork is prepared and filed appropriately to avoid rejection by the court, as the process is a technical one requiring mandatory paperwork at appropriate times each step of the way.
Grounds for Divorce
Divorce in Pennsylvania operates under a no-fault system. This means that couples filing for a divorce do not have to prove marital misconduct, such as adultery or abandonment, to obtain a divorce. Under the no-fault system the marriage must be irretrievably broken, requiring that either both sides agree to the divorce or if both sides do not agree, the parties must be separated for at least one year. This system is designed to simplify the divorce process and reduce conflict.
Residency Requirement
To file for divorce in Pennsylvania, either spouse must be a Pennsylvania residency for at least six months before filing. This requirement ensures that Pennsylvania has jurisdiction over the divorce proceedings.
Waiting Period
The waiting period for proceeding with a divorce when one of the parties does not want to consent or agree to the divorce has been reduced. A party wanting to divorce an uncooperative party previously had to wait for two years after separation before filing for divorce, but this period has been shortened to one year.
The purpose of the minimum waiting period of ninety days under a consensual divorce and one year with a non-consensual divorce is to grant couples ample time to reflect on their decision and explore alternatives to divorce, such as counseling or mediation. It is meant to offer a chance for reconciliation and reduce the number of divorces that may have been initiated impulsively.
Division of Property
For division of property, Pennsylvania follows the standard of equitable distribution, which requires marital property be divided impartially but not necessarily equally. The court considers a variety of factors, including the length of the marriage, each partner’s contributions to the marriage, and their respective financial circumstances. This equitable distribution standard, which involves over eleven factors for consideration, requires experience and knowledge of how to weigh and balance these considerations in devising an appropriate financial split, particularly when retirement accounts and relevant tax considerations come into play.
Beneficiary Designations
Parties entering into a divorce agreement are required to affirm or change beneficiary designations to any retirement plan or life insurance policy. The amendment to the divorce code now dictates agreements must include a specific provision which confirms whether a spouse is affirming the beneficiary status or terminating the beneficiary designation.
Child Custody
A significant change pertaining to child custody has recently come about. The amended laws not only continue to stress the best interest of the children, but now they also evaluate the safety of the children in the households where they will be spending time. These changes reflect a growing recognition of the mental health struggles present in today’s society that must be considered to ensure the safety of children unable to protect themselves and it requires the parties complete a criminal history verification, even if they agree on an appropriate schedule for their children.
Final Thoughts
Even though divorce can be a difficult and emotional experience, it does not have to be devastating financially.
If you need professional help in a divorce, alimony, child custody, support, paternity, or pre-nuptial agreement matter call Sher & Associates today at 610.683.0771 to book a no obligation consultation. The conversation and any subsequent conversation are strictly confidential. We are here to help you! Whether you have a simple, harmonious divorce or a contested divorce that requires careful consideration, an experienced Sher & Associates, PC attorney can help you move on to the next stage of your life quickly, efficiently, and professionally.