Divorce Guide |
Uncontested Divorce in PAIn an uncontested divorce, all the issues related to child support, custody, alimony and property division are mutually solved by both the spouses before filing for divorce. According to Pennsylvania Divorce guidelines and Pennsylvania Divorce laws, to get divorced in Pennsylvania, either of the spouses should be a resident of the state for at least 6 months before filing the case. If both parties are in agreement on issues related to child custody, child support, division of property and alimony, then the divorce can be filed in any Pennsylvania county. Pennsylvania divorces are filed in Cameron County. This is because it has the lowest filing fees. Child Custody and Child Support in an Uncontested Divorce in PAPennsylvania divorce laws support a shared legal custody arrangement whenever possible. This means that both parties are jointly responsible for making any minor or major decisions that will affect the child’s life. These issues might include educational upbringing and health care. It depends on the divorcing parent’s decision whether who will have primary physical custody of the child. The other divorcing party will have visitation that needs to be discussed completely in a Divorce Settlement Agreement. This agreement has to be filed with the court as part of the uncontested paperwork. Property Division and Alimony in the State of PennsylvaniaUnder the divorce state laws, Pennsylvania is classified as an equitable distribution state. Equitable means all the marital property of husband and wife are fairly divided. Fairly does not mean equally. In an uncontested divorce, the parties will make their own decisions as to what is fair and can document their decisions in a Divorce Settlement Agreement. There are two kinds of spousal support or alimony in Pennsylvania – rehabilitative and permanent. Rehabilitative alimony is for short term and it is meant to help one spouse get to a place where he/she can fully support himself/herself. Permanent spousal support is the support which is provided till certain conditions, such as a party dying or the recipient remarrying, are met. Steps for Filing an Uncontested Divorce in Pennsylvania
Wait for 90 days, unless both the spouses have been living apart for at least two years. Under Pennsylvania law, a court will force either of the spouses to wait about three months before granting an uncontested divorce in PA, to see if the relationship has any hope of being reconciled.
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