how to do divorce without lawyer in pa

by Garry Dibbert IV 3 min read

To file for divorce in Pennsylvania without a lawyer, you need to agree on the following:

  • Distribution of property and assets.
  • Division of jointly owned businesses and shares.
  • Repayments of debts and loans.
  • Alimony and how long it is going to be paid for.
  • Custody, visitations, and child support if you have kids.

Full Answer

How do I file for divorce in Pennsylvania without a lawyer?

Nov 01, 2018 · Can I get divorced without a lawyer in Pennsylvania? It is not advisable for any person to complete paperwork to file a PA Divorce Complaint without having a detailed consultation beforehand with an attorney to discuss the ramifications of such action.

Is the divorce process difficult in Pennsylvania?

Feb 25, 2022 · Six steps to a Pennsylvania divorce. Initiate the divorce process. Notify your spouse. Decide whether to pursue an uncontested divorce or a contested divorce. Decide whether to hire an attorney or not. Resolve the three big issues. Finalize all paperwork.

Can one spouse file for divorce in Pennsylvania after a personal injury?

Oct 27, 2021 · To get a no-fault divorce in Pennsylvania you need to state one of the two no-fault grounds in the Complaint in Divorce. One is that “the marriage of the parties is irretrievably broken and both parties consent to a divorce.” Both parties must file affidavits consenting to divorce, and the decree cannot be entered until 90 days after filing.

What are the requirements for an uncontested divorce in PA?

Mar 01, 2022 · There are two types of divorce in Pennsylvania : no fault/ reciprocal consent 3301 ( vitamin c ) and no fault/ applicable fourth dimension of interval 3301 ( d ) . The 3301(c) Process. If you and your spouse harmonize to divorce, equally good as on the terms of the disassociate, you proceed under 3301 ( deoxycytidine monophosphate ) . 1.

image

Can I file for divorce on my own in PA?

File your do it yourself divorce petition with the court

Pennsylvania requires that papers be filed in person. The court requires two copies of your divorce papers, each with original signatures. Once the papers are filed a judge will review the papers to make sure they are complete.

Do you need a lawyer to get a divorce in PA?

Do You Need a Lawyer for Uncontested Divorce? You don't need to hire a lawyer to get a mutual consent divorce in Pennsylvania and you can represent yourself during the process. Spouses can try to handle everything themselves or use an online service that eases the process.

How can I get a quick divorce in PA?

PRO: Uncontested Divorce Can Be Cheaper and Faster

Procedurally, this allows the parties to request a divorce decree as soon as 90 days after the divorce complaint is filed and served on the other spouse.

How long do you need to be separated before divorce in PA?

two years
To obtain a no-fault divorce, you and your spouse must have been separated for two years before filing or you both must consent to the divorce. Additionally, a judge won't grant your no-fault divorce right away.

What is a wife entitled to in a divorce in PA?

A spouse is entitled to alimony only if the court decides that alimony is “necessary.” To decide whether alimony is necessary, how much should be paid, and how long it should be paid, the court must consider many factors – including but not limited to the relative income and earning capacities of the parties, the ages ...

Can I get a divorce without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.Apr 26, 2018

What is the cheapest way to get a divorce in PA?

Pursuing an uncontested or mutual consent divorce in Pennsylvania without hiring an attorney is the cheapest route. You can expect approximately a $300 fee to file your divorce papers. There can be an additional cost between $150 and $1,500 in case you use the support of an online service.

Is online divorce legal in PA?

Online divorce is not allowed in Pennsylvania, but then neither is online marriage. Even if you met online, dated online, and found true love online, Pennsylvania will not allow you to file for an online divorce. However, the no fault divorce process can begin online with sites like comletecase.com.

How much does a no-fault divorce cost in PA?

How Much Does a No-Fault Divorce Cost in Pennsylvania? The cost of no-fault divorce in PA will be around $12,000 if the case is contested, $4,000 with a lawyer in an uncontested case, or under $500 if spouses prepare their paperwork themselves or get it online.

Is PA a 50/50 divorce state?

False. While some states (most famously, California) mandate a 50/50 distribution of marital property, Pennsylvania does not. Pennsylvania is an equitable distribution state.Dec 10, 2013

What is abandonment in PA?

In Pennsylvania, abandonment is only considered grounds for divorce if the departing spouse has been gone for a minimum of one year. If the couple rekindles the relationship and resumes living together, even for a short amount of time, time restarts.Nov 16, 2020

Does it matter who files for divorce first in Pennsylvania?

When Both Individuals Live in Pennsylvania. If both you and your partner currently reside within the state, there is no true advantage to filing first. Even if you file first, the case will usually be held at the Court of Common Pleas in the defendant's county, or the county where you married, by default.Nov 20, 2020

How long do you have to be a resident to file for divorce in Pennsylvania?

Residency and Where to File. In order to file for divorce in Pennsylvania, either you or your spouse must be a Pennsylvania resident for at least 6 months. You may file in the Court of Common Pleas in the county where: the defendant resides, the plaintiff resides, if the defendant is not a Pennsylvania resident,

What are the grounds for divorce in Pennsylvania?

Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Pennsylvania, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds.

Can you get divorced in Pennsylvania without fault?

To get a no-fault divorce in Pennsylvania you need to state one of the two no-fault grounds in the Complaint in Divorce.

What is marital property?

constituting payment from a lawsuit or claim accruing prior to the marriage or after the date of final separation, regardless of when the payment was received. All other property is marital property.

What is child custody?

Child custody basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. Absent a custody agreement, the judge will decide the issue, after considering all relevant factors, including:

What happens if there is no custody agreement?

Absent a custody agreement, the judge will decide the issue, after considering all relevant factors, including: which party is more likely to encourage contact between the child and the other party, any present or past abuse committed by a party or member of a party’s household,

How to file for divorce in Pennsylvania without an attorney?

Start by preparing your uncontested divorce forms online using Pennsylvania Online Divorce and get a ready-to-file document package in 2 business days.

How long does it take to get divorce in Pennsylvania?

After the mandatory waiting period (the time within which the defendant must file a response), which is 90 days in Pennsylvania, the parties shall submit the consent forms. If the judge approves the couple's arrangements, the divorce is granted.

What do courts want in a divorce?

Courts want to see that there is a fair and equitable split of assets and debts in a divorce. As part of your discussions with your spouse, you should both complete and exchange financial affidavits.

What does it mean when you submit an agreement to the court?

When you submit an agreement to the court, either with initial paperwork or as part of a response, it indicates both of you have given thought to how you want to resolve your differences and that you both agree on an amicable path forward.

What is the key to a settlement agreement?

The key with a settlement agreement is to think cooperatively instead of approaching it with a combative mindset. Keep the larger goal in mind and be prepared to compromise to reach your goal of an uncontested divorce.

How much does it cost to file an uncontested divorce?

However, there are still a few costs you’ll incur. The filing fee is about $300 and needs to be paid when you file your case with the courts. Exact costs may vary slightly by county.

Who is Jason Crowley?

Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets.

How to file for divorce in Pennsylvania?

How to file for a no-fault divorce in Pennsylvania? 1 Serve your spouse and file proof of service – First you must file the divorce complaint with the court. Once filed, it has to be delivered to your spouse and you have to prove to the court that you have done so. This is called service of process and in order for it to be valid, it has to be done according to law and within the time specified by law. 2 Consents of Affidavit of Separation – Depending on the type of no-fault divorce you are seeking, each spouse will either need to sign an Affidavit of Consent or you will need to file and serve an Affidavit of Separation and provide your spouse with an opportunity to object. 3 Praecipe to Transmit Record and a Final Decree of Divorce – Finally, a document is filed with the court clerk (the Prothonotary) indicating that the file is complete and ready to be presented to a judge for review and entry of the divorce decree. 4 The Divorce Decree – If the judge is satisfied that all legal requirements have been met, a divorce decree will be issued.

Is Pennsylvania a no fault divorce state?

Pennsylvania is a no-fault divorce state. There are two types of no-fault divorce in Pennsylvania: mutual consent and separation. A mutual consent divorce is available when both parties are willing to agree that the marriage is irretrievably broken and consent to the divorce; a separation divorce occurs when the marriage is irretrievably broken ...

What is mutual consent divorce?

A mutual consent divorce is available when both parties are willing to agree that the marriage is irretrievably broken and consent to the divorce; a separation divorce occurs when the marriage is irretrievably broken and the parties have lived separate and apart for at least one (1) year. In both types of no-fault divorce, ...

How long does it take for a divorce to be granted?

Ninety days after the divorce papers are served on the non-filing spouse, each spouse signs and files with the court an affidavit stating that each party consents to the divorce. After the court receives these affidavits, along with a series of other documents, the court will then grant a divorce decree.

Is child custody separate from divorce?

Child custody and child support matters are separate and distinct from divorce cases. However, property and debt distribution as well as support between spouses (Alimony Pendente Lite, Spousal Support, Alimony) must be dealt with before a divorce decree is granted or you could lose those rights permanently.

How long does it take to get a no fault divorce?

How long does it take to get a no-fault divorce? As a general rule, you can obtain a no-fault divorce when there are no remaining financial issues in as little as four (4) months. There is a specific process from the filing and service of the initial divorce complaint through the final documents filed with the court.

What is service of process in divorce?

Once filed, it has to be delivered to your spouse and you have to prove to the court that you have done so. This is called service of process and in order for it to be valid, it has to be done according to law and within the time specified by law. Consents of Affidavit of Separation – Depending on the type of no-fault divorce you are seeking, ...

What are the requirements for a divorce?

In a fault divorce, the spouse who filed must show one of six grounds for divorce. In other words, the other spouse must have done one of the following: 1 Maliciously deserted the other spouse for a year or more without a reasonable cause. 2 Committed adultery. 3 Endangered the life or health of the other spouse with “cruel and barbarous treatment.” 4 Knowingly married before ending a previous marriage, called bigamy. 5 Been convicted of a crime and sentenced to imprisonment for two or more years. 6 Made the other spouse’s situation “intolerable and burdensome.”

Is Pennsylvania a fault or no fault divorce state?

Pennsylvania is one of several states that allows both fault and no-fault divorces. There are two types of no-fault divorce: mutual consent and divorce after one year of separation. Mutual consent divorce: 3301 (c). If the spouses both agree to divorce, they can each file an affidavit saying that the marriage is “irretrievably broken.”.

How long does it take to get divorce in Pennsylvania?

One spouse can also file for divorce in Pennsylvania if the other spouse is institutionalized for a mental disorder. The waiting period is 18 months ...

How to contact Petrelli Previtera?

We welcome you to contact Petrelli Previtera with questions about proceeding with a divorce in PA. Feel free to call us at (215) 523-6900 or schedule a consultation online. An attorney can answer your questions and discuss how Pennsylvania law may apply to your situation.

What are the grounds for divorce?

In a fault divorce, the spouse who filed must show one of six grounds for divorce. In other words, the other spouse must have done one of the following: Maliciously deserted the other spouse for a year or more without a reasonable cause. Committed adultery.

image