Divorce and Separation

Separation in Pennsylvania requires you and your spouse to live separate and apart; this does not require separate households but the intent to no longer be portrayed as a married couple.

Divorce is the legal process that ends a marriage.

Equitable distribution is the division of marital assets and debts between spouses. The division is not necessarily equal and depends upon the agreement of the parties or the decision of the Court.

A divorce is one of the most painful and difficult transitions in a person's life. The result is that during this stressful and highly emotional time, you are forced to make life changing decisions about your children, your home, your job, and your future. Our goal is to help you, our client, make those decisions in a way that causes the least harm, financially and emotionally.

The divorce process itself involves many issues including property rights, support, and custody of children. If the parties are unable to agree on the outcome of any of these matters, they submit their case to the courts.

Pennsylvania courts have jurisdiction over divorce actions when either party has resided in Pennsylvania for more than six months prior to the commencement of the action. An action for divorce is initiated by one party filing a divorce complaint in the county court. The person filing, the Plaintiff, may asset either fault or no-fault grounds for the divorce. When fault grounds for divorce are asserted, the Plaintiff claims that the other spouse is at fault for the collapse of the marriage. Examples of fault grounds include desertion, adultery, and indignities. however, the vast majority of divorces proceed on no-fault grounds, which means that the issues are decided irrespective of who is at fault. In the absence of fault grounds, or unless the party who is the Defendant consents, a divorce cannot be granted until one year of separation has passed. If both parties consent, a divorce may be sought 90 days after the divorce complaint has been filed and served on the Defendant.

One of the most significant issues that arises under divorce proceedings is the distribution of the marital estate, know as equitable distribution. When the issue is raised, the assets and debts that make up the marital estate must be identified, valued, and distributed. Issues such as one's entitlement to alimony and the payment of the other party's counsel fees are also resolved at this time. If the parties can agree as to the final distribution of the marital estate, they may enter into a comprehensive settlement agreement and avoid the court system.