Microsoft Word - Divorce Brochure January 2020.docx

DIVORCE IN PHILADELPHIA COUNTY

Sponsored by the Family Law Section of the Philadelphia Bar Association Page 1, January 2020

Do you want to file for divorce?

Divorce is a legal procedure that ends a marriage and

changes the legal relationship between former

spouses. Living apart from your husband or wife does

not legally end a marriage.

Types of divorce available in

Pennsylvania.

There are 2 kinds of divorce: no-fault divorce and

fault-based divorce. Most people in Pennsylvania

obtain a no-fault divorce because it is easier and

cheaper and you may not have to appear before a

judge or go to court other than to file the papers

needed for the divorce. There are 2 kinds of no-fault

divorce:

1. If both parties agree to the divorce, they can

obtain a no-fault divorce based on consent. After one

party files for the divorce, and 90 days has passed

after the complaint is served on the other spouse, each

party may file an Affidavit of Consent to divorce. If

your spouse was convicted of a personal injury crime

(a misdemeanor or felony crime listed in the divorce

law) against you, you will not have to get your spouse

to sign a consent affidavit and file it with the court.

Consent will be presumed. You may also work out

any property issues you have by agreeing on how you

will deal with marital property in a Property

Settlement Agreement. The court rules require you to

file a series of legal papers to complete the divorce.

This is the fastest way to divorce in Pennsylvania, but

it requires both parties to work together

2. Unilateral (also known as “irretrievable

breakdown”) no-fault divorce is available if one of

the spouses will not agree to the divorce but the

parties have been living separate and apart (defined by

the statute as “complete cessation of any and all

cohabitation, whether living in the same residence or

not”) for at least one year and the marriage is

irretrievably broken. You may file for the divorce

before you have lived separate and apart for one year,

but you cannot finalize the divorce until the required

time period has passed.

There may be disagreement between you and your

spouse about when you started living separate and

apart. If you disagree with each other, It is important

to try to get some legal advice on this issue.

Where to file for divorce.

You may file for divorce in Philadelphia County if

you or your spouse lived in Pennsylvania for the 6

months immediately before the filing of the divorce

complaint, and either party currently resides in

Philadelphia or you agree to divorce in Philadelphia.

There is no required length of residency in the county

where the divorce complaint is filed. In Philadelphia,

a divorce complaint is filed with the Clerk of Family

Court at 1501 Arch Street, 11

Fl. Philadelphia, PA.

What is the cost?

The filing fee is $333.73. You may pay with a money

order, credit card, or debit card. Personal checks and

cash are not accepted.

If you cannot pay the filing fee, you may ask to be

excused from paying the fee by filing a petition to

proceed In Forma Pauperis (IFP). Ask for and fill out

an IFP Petition. If you are on public assistance or SSI,

bring your public assistance photo ID or proof receipt

of SSI.

What happens to property owned by the

parties in a divorce?

“Marital property” refers to almost all property

regardless of whose name is on it. Such assets would

include a house (again, regardless of whose name is

on the deed or mortgage), pensions, stocks and bonds,

furniture, automobiles, bank accounts, debts, etc.

“Marital property” also includes increases in value

during the marriage of: (1) any property owned by a

spouse before the marriage and/or (2) any asset or

property a spouse inherits or receives by gift during

the marriage. Importantly, debts are also part of a

marital estate and responsibility for them may also

be divided between the parties. The law provides

guidance regarding the “equitable distribution” of

marital property. Equitable distribution means “fair.”

It does not necessarily mean 50-50 distribution of

marital property.

This brochure is meant to give you

general information and not legal advice.

Divorce forms are available under

Court of Common Pleas Family Court-

Domestic Relations at

https://www.courts.phila.gov/forms/

DIVORCE IN PHILADELPHIA COUNTY

Sponsored by the Family Law Section of the Philadelphia Bar Association Page 2, January 2020

“Fairness” is determined by examining several

factors:

 Length of marriage;

 Any prior marriage of either party;

 Age, health, station, amount and sources of

income, vocational skills, employability, estate,

liabilities and needs of each of the parties;

 The contribution by one party to the education,

training or increased earning power of the other

party;

 The opportunity to acquire assets and income in

the future;

 The sources of income for both parties;

 The contribution of each party in the acquisition,

preservation, depreciation or appreciation of

marital property, including the contribution of a

party as homemaker;

 The value of any property set apart to each party;

 The standard of living of the parties established

during the marriage;

 The economic circumstances of each party; and

 Whether the party will be serving as the custodian

of any dependent minor children.

Note that “fault” behavior (e.g., adultery) is not

considered in determining fairness in property

distribution.

Can alimony or support for the spouse be

awarded in a divorce?

A separated spouse may seek three forms of support.

 Spousal Support Spousal support is a form of

support available to a dependent spouse even before

a divorce complaint is filed because married people

have a duty to support one another.

 Alimony Pendente Lite (APL) is a form of

support that is only awarded for the period after a

divorce complaint has been filed and ends when the

divorce is granted. Its purpose is to allow the spouse

with fewer financial resources than the other to pursue

and/or defend against the divorce action and maintain

his or her standard of living during this period.

 Alimony is a form of financial support paid by

one spouse to the other after the divorce is final. The

law allows the court to order alimony for as long as it

is needed based on the following factors:

 Relative earnings and earning capacities of the

parties;

 Ages and physical, mental and emotional

conditions of parties;

 Sources of income of both parties, including:

 Expectancies and inheritances of both parties,

and

 Length of the marriage.

 Contribution by one party to the education,

training, or increased earning power of the other

party;

 Extent to which earning power, expenses, or

financial obligations of a party will be affected

by reason of serving as custodian of minor child;

 Standard of living of the parties established

during the marriage;

 Relative education of the parties and time

necessary to acquire sufficient education or

training to enable the party seeking alimony to

find appropriate employment;

 Relative assets and liabilities of parties;

 Property brought to the marriage by either party;

 Contribution of a spouse as a homemaker;

 Relative needs of the parties;

 Marital misconduct of either party during the

marriage, but not after the date of final

separation (except abuse of one party by the

other);

 Federal, state and local ramifications of

alimony;

 Whether the party seeking alimony lacks

sufficient property to provide for the party’s

reasonable needs;

 Capability for self-support through appropriate

employment.

Do you need a lawyer?

Filing for a divorce can be a complicated process,

especially if custody of children, support, and/or

property division is involved. If possible, it is best to

have legal representation.

Legal assistance may be available from:

 P

HILADELPHIA LEGAL ASSISTANCE:

https://www.philalegal.org/

 P

HILADELPHIA BAR ASSOCIATION’S LAWYER

REFERRAL AND INFORMATION SERVICE:

215-238-6333