subject: What You Should Know about Divorce in Philadelphia [print this page] Divorce is a legal procedure that terminates a marriage and changes the legal relationship between former spouses. If you are a resident of Philadelphia, here are the essential things you should know about the divorce process in your county.
There are two kinds of divorce in Philadelphia, a no-fault divorce and a fault-based divorce. In Pennsylvania, most people pursue a no-fault divorce because it is relatively easier and more affordable. You may also do not need to appear before a judge or go to court other than to file the required documents for your divorce case.
There are two circumstances that can make you eligible for a no fault divorce. First, if both spouses agree to the divorce, they can file for a no fault divorce. This is the quickest way to divorce in Pennsylvania and requires the cooperation of both parties. Each party may file an Affidavit of Consent to divorce after one spouse files for the divorce and 90 days has passed after the petition is served on the other spouse. You may also settle property issues and agree on how you will divide your marital property in a Property Settlement Agreement. The court requires you to file several legal documents to complete the divorce.
Second, a unilateral no-fault divorce is available if one of the spouses will not agree to the divorce but the spouses have been living separately for at least 2 years and the marriage is irretrievably broken. You may file for divorce before living separately for the two year waiting period but you cannot get the divorce until the waiting period is over.
You may file for a divorce petition in Philadelphia if you or your spouse lived in Pennsylvania for the 6 months immediately prior to filing the divorce complaint, and either of the parties presently resides in Philadelphia or if you agree to divorce in Philadelphia. Your divorce petition is filed with the Clerk of Family Court.
The filing fee costs less than $300. You are allowed to pay with a money order but personal checks and cash are not accepted. If you are not financially capable to pay the filing fee, you may request to be excused from paying the fee by filing a petition to precede In Forma Pauperis (IFP). Ask for and fill out an IFP Petition. If you are on welfare or SSI, you must be able to bring your welfare photo ID or proof receipt of SSI.
In Pennsylvania, marital property pertains to the property owned by either spouse during the marriage regardless of whose name the asset is titled in. This may include houses, pensions, stocks and bonds, furniture, automobiles, bank accounts, and debts. The laws provide guidance with regard to the equitable distribution of marital property which does not necessarily mean 50-50 distribution of marital property. Pennsylvania law allows non-marital or separate property to be excluded from the equitable distribution process. This is property that was obtained before the marriage such as inheritances or any gifts received before or during the marriage that was kept separate from the marriage.
To have further knowledge about divorce laws in Philadelphia, you must consult a Philadelphia divorce lawyer to educate you about the process and provide you with the best possible options you may take.
What You Should Know about Divorce in Philadelphia
