how to get a divorce without a lawyer in pa

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?

You can file for divorce under the no-fault “mutual consent” grounds, which essentially means that both of you agree to the divorce on basis of the fact that your marriage is irretrievably broken. DO IT YOURSELF OR HIRE AN ATTORNEY? The do-it-yourself solution is ideal for an uncontested divorce in Pennsylvania, where you do not require a lawyer.

Can I get a divorce without a lawyer?

Yes, you can get a divorce without using an attorney but you’ll need to stay on top of filling out the relevant forms correctly and filing them as required. This approach to getting a divorce is known as "pro se," a Latin term for "on your own behalf."

Can you get a no-fault divorce in PA?

A marriage can end either by annulment or by divorce in Pennsylvania. Although some states allow legal separation, Pennsylvania does not recognize this as an option for couples who do not want to be married any longer. Pennsylvania is both a no-fault and a fault-based state.

Is the divorce process difficult in Pennsylvania?

Fortunately in Pennsylvania, the legal process of divorce does not have to be nearly as difficult. Pennsylvania is a no-fault divorce state. There are two types of no-fault divorce in Pennsylvania: mutual consent and separation.

Can I get divorced in PA without a lawyer?

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 long do you have to be separated in PA to get a divorce?

two yearsTo 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. Once you've filed your case, there is a 90-day waiting period before your divorce can be finalized.

Can I file for divorce myself in PA?

Do it yourself divorce is a viable option for married couples in the state of Pennsylvania. This is a state that allows either no-fault divorce or fault-grounds divorce.

How much does it cost to file divorce papers 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.

What is emotional abandonment in marriage?

Emotional abandonment in marriage refers to feelings of neglect, being left out, and not being heard in a marriage. It is when one partner is so self-absorbed that they cannot see the troubles, tears or problems their spouse is going through.

Can my husband divorced me without me knowing?

Your spouse cannot easily divorce you without your knowledge; the court will do all it can to make sure measures are taken to serve you with papers. If you refuse to respond to your spouse's divorce petition, it will delay the process, but not prevent divorce altogether.

Can I divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

How much does the average divorce cost in PA?

approximately $14,300The average cost of divorce in Pennsylvania state is approximately $14,300. The expenses can reach $21,500 if there are children or property involved. The average filing fees in Pennsylvania are $350.

Can you get divorce without your spouse signature in PA?

You must be separated for more than 2 years in order to do a Pennsylvania Divorce without your spouse's signature. If your spouse can be served and he/she does not respond, you may be able to get your divorce without signature. Even after 2 years, your spouse could contest the case.

Who pays for a divorce in PA?

Generally speaking, you're on your own for your legal fees. In certain cases wherein one party has a very good income and the other party is low or no income, it is possible to ask the Court to have the well-to-do party pay the other's legal fees.

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

Contributions of one spouse to the other's education. Future earning capability of each spouse. Income of both parties, including medical insurance and retirement benefits. Contribution of each spouse to the marriage, including income and homemaking.

How do you initiate a divorce?

Procedure to be followed for a Mutual Divorce.Step 1: Petition to file for divorce. ... Step 2: Appearing before Court and inspection of the petition. ... Step 3: Passing orders for a recording of statements on oath. ... Step 4: First Motion is passed and a period of 6 months is given before the Second Motion.More items...•

What is APL in divorce?

APL basically gives both the spouses an equal opportunity to defend, litigate and maintain the divorce action. APL cannot be also granted along with spousal support.

What is an uncontested divorce in Pennsylvania?

An uncontested divorce in Pennsylvania means that there’s no dispute between your spouse and you regarding the various issues pertaining to the divorce i .e. property division, child custody and support, spousal support, alimony, etc.

What is marital property?

Typically, marital property is all the property which is acquired by both spouses while they are married and prior to their divorce. Any property, inheritances and gifts that either of the spouses has acquired or received before marriage and after the divorce are not included as marital property.

How to get divorce in Pennsylvania?

The third way to get a divorce in Pennsylvania is when the plaintiff states that the defendant is the cause for the failure of their marriage in the divorce complaint. The law of Pennsylvania State recognizes that certain grounds or marital problems validate a divorce. However, using grounds makes it necessary that you hire a lawyer to handle the divorce proceedings.

What is the divorce process in Pennsylvania?

Requirements for Divorce in Pennsylvania. In Pennsylvania, the divorce process is usually started by a “complaint” document. The spouse that begins the divorce process by completing the complaint is referred to as the plaintiff and the other is referred to as the defendant. For a divorce in Pennsylvania, your spouse or you must have resided in ...

How long do you have to be separated to file for divorce?

In the case that your spouse or you want a divorce and the other does not, then the plaintiff can go ahead with the divorce process even without the consent of the other person, if both of you have been separated for a period of at least 2 years before you can file for divorce.

What happens if you divorce your spouse in Pennsylvania?

In the case of a Pennsylvania contested divorce, if your spouse and you are unable to come to an agreement on issues such as division of marital property, child custody and support, alimony, etc., then both your spouse and you will have to hire attorneys who will present your case before the county court.

How to get divorce without a lawyer?

Make sure you and your spouse have a discussion about how both of you see the divorce going. If you and your spouse both think the divorce can be completed amicably, consider getting a divorce without a lawyer. However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible.

How to get divorce papers?

Gather all the required court forms. To start the divorce process, you will first have to obtain all of the required divorce forms. Check with your state's website, or go to your court's office of the clerk, and download or ask for all the documents you will need to complete a divorce.

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

Decide where you need to file for divorce. You will need to file for divorce in the state and county where you meet certain residency requirements. Often, in order to file for divorce, you will need to have been a resident of the state and county where you plan on filing for between six months to one year. Only Alaska, South Dakota, and Washington have no extended residency requirements, which means you can file for a divorce there so long as you are a resident at the time of filing.

What happens if you divorce your spouse?

If you have chosen to file for a divorce on your own, you and your spouse are going to have to agree on how your marital assets are going to be distributed. Depending on what state you live in, there are going to be different rules on how the property will be split.

What do you need to fill out a divorce petition?

A divorce petition. You need to fill out a divorce petition, which is a document that tells the court and your spouse what you want. You can ask for things such as an end to your marriage, alimony, child custody, child support, and a division of property.

What happens if you are not happy with the divorce decree?

After the court hearing and final decision, if you are not happy with how the divorce decree came out you may be able to appeal the decision. The purpose of an appeal is to give another court the opportunity to look at the trial court's decision in order to determine if there was any legal error.

What is a divorce decree?

A divorce decree, which will be the final document the judge will sign in order to finalize your divorce. This document will include all of the requirements of your divorce, including how property will be distributed and how children will be cared for. Draft your divorce petition.

How long do you have to wait to file a divorce in Pennsylvania?

Pennsylvania’s Mandatory Waiting Period. The Pennsylvania Rules of Civil Procedure require both parties to wait 90 days from the service of the Complaint before filing the uncontested divorce consent forms. After 90 days, both parites can file an Affidavit of Consent, stating that they consent to the divorce.

How long do you have to serve divorce papers in Pennsylvania?

Serve Your Spouse with Divorce Papers. You must officially notify your spouse of your intent to divorce them by serving court paperwork on them within 30 days of the date they were filed. If the other party doesn’t live in Pennsylvania, the time requirement is extended to 90 days.

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.

How to build trust in an uncontested divorce?

An uncontested divorce involves a certain degree of trust, and the best way to build trust is to keep the lines of communication open. Every divorce is different, so when you engage in a dialog will be up to you and your spouse. The important thing to understand is that this is a critical part of the process.

What does compromise do in a divorce?

In an uncontested divorce, compromise makes it easier to move forward, many times without an attorney, so that you can focus on the next chapter of your life. Courts expect you to meet ...

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 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.

How to contact Pennsylvania no fault divorce?

If you would like to better understand Pennsylvania’s no-fault divorce process, please contact us today for a free initial phone consultation at (717) 502-5000. Comments are closed.

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.

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.

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 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, ...

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.

Can you get a no fault divorce in Pennsylvania?

To qualify for a no-fault separation divorce in Pennsylvania, you must meet the following criteria: As with a consent divorce, no formal hearing before the court is required. You can obtain a no-fault divorce whether or not you and your spouse have children together.

What are the issues that come up during a divorce in Pennsylvania?

Here are some of the important legal questions and major issues you should know about that come up during a divorce in Pennsylvania: Property Issues . Alimony and Child Support.

Why is adultery a reason for divorce in Pennsylvania?

When adultery is cited as a reason for a divorce, it may be used as a means of getting a more favorable settlement from the courts, especially if it can be shown that the adulterer spent marital assets on the affair in question.

What are the factors that determine property in a divorce in Pennsylvania?

By law, according to Pennsylvania Consolidated Statutes, when awarding property in a divorce a court must consider the following factors: the length of the marriage; any prior marriage of either party; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties;

When domestic violence is present in a marriage in Pennsylvania, any divorce actions are secondary to the immediate safety of a

When domestic violence is present in a marriage in Pennsylvania, any divorce actions are secondary to the immediate safety of a spouse or children who may be in immediate danger.

Does Pennsylvania have a property division law?

In addition to Pennsylvania property division laws, the federal government also protects military personnel through the Uniformed Services Former Spouses Protection Act that governs how military benefits are calculated when a divorce takes place.

Is Pennsylvania a fault based state?

Pennsylvania is both a no-fault and a fault-based state. A couple can simply cite that a marriage is irretrievably broken, or a spouse can also cite one of several at-fault reasons as well, such as cruelty, adultery, or a spouse’s incarceration, among others.

Can you get divorced in Pennsylvania?

Beginner’s Guide to Divorce Laws in Pennsylvania. A marriage can end either by annulment or by divorce in Pennsylvania. Although some states allow legal separation, Pennsylvania does not recognize this as an option for couples who do not want to be married any longer. Pennsylvania is both a no-fault and a fault-based state.