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If one party wishes to proceed with a divorce and the other
party will not consent to a No Fault Divorce, the party requesting
the divorce can obtain one without the other's consent either
by proving Fault Grounds or only after the parties have been
separated for more than two (2) years. Separation generally occurs
when the parties no longer reside together as husband and wife.
To be entitled to a Fault Divorce, one party must prove that
he or she is innocent and injured, and the other party has done
something that is covered in the six listed grounds for fault
divorces among which are adultery, physical or verbal abuse.
In Pennsylvania, with some exceptions, all property acquired
during the marriage is marital property. It does not matter how
the property is titled or who's paycheck was used to purchase
the property. Marital property is distributed equitably or fairly,
not necessarily equally.
In making an equitable distribution award, the Court considers
many factors including the age, health, income and employability
of each spouse, the contribution of one spouse to the education
or training of the other spouse and the contributions of a homemaker.
If there are children, the Court will also consider which parent
has primary custody. In making an equitable distribution award,
the Court is not permitted to consider martial misconduct.
Divorce can be an emotionally upsetting experience. Disputes
about property, child custody, child support and other matters
can be very damaging to all involved. If possible, it is best
to resolve these issues through an agreement. This agreement
is generally negotiated between the parties through their attorneys.
Once the agreement is accepted and signed by both parties, it
can be presented to the Court and enforced as an Order of Court
through a Divorce Decree. If the agreement is later broken by
one party, the other party can go to Court to have that agreement
enforced.
If the parties cannot reach an agreement, the Court will hold
a hearing and make a decision regarding the divorce and property
issues.
Before signing an agreement regarding divorce and property rights,
it is important to receive legal advise. Each party should have
their own attorney. Without a Court Order or an agreement between
the parties, each party is responsible for their own attorney's
fees. Although the Court will sometimes order the financially
independent spouse to pay attorney's fees for the financial dependent
spouse, in most cases each party must obtain the money to pay
for his or her own attorney.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
