Divorce can be an emotional rollercoaster, involving complex issues related to the division of lives and property. However, there are strategies to help you navigate this challenging time and come out in a better position. First and foremost, it’s crucial to hire a skilled attorney who has a comprehensive understanding of the divorce laws in your area. Depending on your circumstances, you may also need a law firm with experience in child custody and Protection from Abuse (PFA) orders.
If you are going through a divorce in Philadelphia County, it’s important to understand the legal framework here. No matter how complicated your divorce is, the LLF Law Firm Family Law Team can guide you through the process. Call 888-535-3686 or fill out our contact form.
The Divorce Process in Pennsylvania
The first question in any divorce is deciding where to file. In order to divorce in Pennsylvania, one spouse must have lived in the state for at least 6 months immediately prior. To get a divorce in Philadelphia County, one spouse must currently live there, or both parties must agree to divorce there. There is no length of residence requirement for residing in Philadelphia County prior to filing for divorce. Divorce issues in Philadelphia County are handled by the Court of Common Pleas, Family Court, at 1501 Arch Street, 11th Fl. Philadelphia, PA.
Divorce law has evolved in Pennsylvania over the past decades, and today, most people divorce under a “No-Fault” rather than a “Fault-Based” divorce. Understanding the differences between these types of divorce is important in order to decide what is best for your situation.
No-Fault Divorce
In Pennsylvania, no-fault divorce is either by mutual consent or (if the parties don’t agree) by a one-year separation.
- Mutual Consent Divorce
A mutual consent divorce is available when both parties agree to the divorce. After one party files for divorce, there is a 90-day waiting period. After this period, the other party files an Affidavit of Consent. The parties will typically spend the waiting period negotiating an agreement on property division, support, child custody, or any other necessary matters. If the parties cannot agree on particular matters, they are decided by the court. However, in cases where the parties are able to agree, this type of divorce can happen very quickly and result in a mutually agreed-upon outcome.
- Unilateral Divorce (One-Year Separation Divorce)
If one spouse disagrees with the divorce, the divorce can still be no-fault, but it will move more slowly. This type of divorce involves arguing that the marriage is irretrievably broken down, as evidenced by the parties living apart. In Philadelphia County, a unilateral divorce cannot be granted until the parties have lived apart for one year. It is essential to understand that the one-year separation requirement is for finalization of the divorce, not for filing. One party may file before the one-year separation is complete and set the wheels of the divorce in motion. During this one-year period, the parties can negotiate about property division, child custody, alimony, and any other matters at issue. The parties may disagree about when they began to live separately, and sometimes this is a difficult question. The LLF Law Firm can advise you on how to meet and document the separation requirement.
Fault-Based Divorce
Pennsylvania still legally recognizes fault-based divorce, although it is rarely used. This type of divorce requires one spouse to prove that the other spouse engaged in grounds for divorce, including adultery, abandonment, cruelty or abuse, incarceration for two years or more, or institutionalization for a mental disorder lasting at least 18 months. Because the spouse filing must prove they were not guilty of misconduct during the marriage, these types of divorces often involve dueling accusations. They are long, messy, and expensive.
Divorce in Philadelphia County
In Philadelphia County, divorce issues are heard by the Family Court, which is part of the Court of Common Pleas. Child custody issues are heard by the Domestic Relations Division. They are all located within the courthouse at 1501 Arch Street, 11th Floor, Philadelphia, PA.
Property Division in Pennsylvania
Every divorce involves some type of division of marital property. In Pennsylvania, “marital property” refers to most of a couple’s property. This includes the marital residence or house, automobiles, stock and bonds, bank accounts, pensions, furniture, and other assets. Even if an asset is owned or inherited by one party before marriage, the increase in value of that asset during the marriage becomes marital property.
In Pennsylvania, marital property is subject to “equitable distribution.” This means that the division of property must be fair. This requirement for fairness does not mean this division must be absolutely even between the parties. Fairness involves consideration of the following:
- The length of marriage.
- The age and health of the parties.
- The job skills and employability of the parties.
- Sources of income of the parties.
- If one party has contributed to the other party’s education and training before the divorce.
- The contributions of the respective parties in the acquisition of marital property.
- The value of any property set apart for one party.
- Whether one party is serving as the primary custodian of minor children.
While the court may consider any or all of these factors in determining fairness, it may not consider “fault” behavior (such as an affair or other misconduct).
Child Custody and Divorce
While property division can get heated in a divorce, no other issue is more likely to produce conflict than child custody. Further, child custody and child support overlap and depend on each other. The best situation is where the parties can agree, and if that is possible, the court will likely approve your agreement as to custody and visitation.
If you cannot agree, the court will decide custody issues. Custody determinations are for both physical and legal custody. In determining custody issues, the court will use a “best interest of the child” standard. The court will look at many factors to determine the child’s best interests, including:
- The stability of each parent.
- Which parent is more likely to encourage a relationship with the other.
- The involvement of each parent in parental care and duties in the past.
- Any attempts by either party to alienate the children from the other parent.
- Each parent’s capacity to address the physical and emotional needs of the child.
- Any history of substance abuse by either parent.
- Any history of domestic violence by either parent.
Child custody complaints may be filed in the Domestic Relations Division of the Philadelphia Court of Common Pleas. While the divorce complaint centers around the end of the marriage and division of property, a child custody complaint addresses custody and living arrangements for the minor children.
IntegratedProceedings
If the thought of two proceedings is unsettling, you may be relieved that divorce and child custody matters can be handled concurrently in Philadelphia County. Addressing both divorce and custody in a single process reduces the parties’ costs and anxiety. It provides for a more streamlined and cheaper result, which serves the interests of the entire family.
Protection from Abuse (PFA) and Divorce
While any divorce is difficult, divorces that deal with domestic violence or threats can be particularly challenging. For abuse victims, a Protection from Abuse (PFA) order can provide protection. For those accused of abuse, a PFA order can have a significant negative impact on child custody issues and must be addressed.
A PFA order is a civil court order that protects victims of alleged domestic violence. During a divorce, the disagreements of the parties can get out of hand and may lead to abuse or threats. When this happens, a PFA order can prohibit contact and grant temporary custody of the children to the non-abusive parent. A PFA order can also order the alleged abuser to leave the marital home. Unfortunately, sometimes a custody proceeding can result in false or grossly exaggerated allegations to gain an advantage in child custody proceedings. Whatever the circumstances, the LLF Law Firm provides advice and assistance.
It is vital for both parties to understand that a PFA can significantly negatively impact child custody. Courts can consider a PFA in determining custody issues, and it may even influence financial matters. Anyone dealing with these issues, on either side, absolutely must have an experienced attorney to advise on PFA issues.
PFA Eligibility and Filing in Philadelphia County
In Philadelphia, PFAs are available to either spouse in a divorce proceeding or to either parent in a child custody matter. To file a PFA in Philadelphia County, go to the Domestic Relations Division at the Philadelphia County Court of Common Pleas. After filing, the hearing is typically held within 10 business days, and a final PFA may remain in effect for 3 years.
If a party violates a PFA in Philadelphia County, they face serious consequences, including fines, up to six months in jail or probation, and a record of the violation. Having a PFA can affect employment opportunities and other quality of life issues for years to come. If you face this situation, consult an experienced PFA attorney immediately.
The LLF Family Law Team Can Help with Your Divorce in Philadelphia County
While divorce and custody are always difficult, the LLF Law Firm Family Law Team can provide essential assistance in Philadelphia County. Even if your divorce involves allegations of abuse or domestic violence, we have experience navigating the PFA process, and we can help. We are committed to securing the best result for you and your family. Let’s go forward together. Call 888-535-3686 or fill out our contact form, and we will contact you.