DIVORCE IN PHILADELPHIA COUNTY - …

1 DIVORCE IN PHILADELPHIA COUNTYS ponsored by the Family Law Section of the PHILADELPHIA Bar AssociationSeptember, 2005Do you want to file for DIVORCE ? DIVORCE is a legal procedure that ends a marriageand changes the legal relationship between formerspouses. Living apart from your husband or wifedoes not legally end a of DIVORCE available are 2 kinds of DIVORCE : no-fault DIVORCE andfault-based DIVORCE . Most people in Pennsylvaniaobtain a no-fault DIVORCE because it is easier andcheaper and you may not have to appear before ajudge or go to court other than to file the papersnecessary for the DIVORCE . There are 2 kinds of no-fault DIVORCE :1. If both parties agree to the DIVORCE , they canobtain a no-fault DIVORCE . After one party filesfor the DIVORCE and 90 days has passed after thecomplaint is served on the other spouse, eachparty may file an Affidavit of Consent todivorce.

2 You may also work out any propertyissues you have by agreeing on how you willdeal with marital property in a PropertySettlement Agreement. The court rules requireyou to file a series of legal documents tocomplete the DIVORCE . This is the fastest way todivorce in pennsylvania , but it requires thecooperation of both Unilateral (also known as irretrievablebreakdown ) no-fault DIVORCE is available ifone of the spouses will not consent to thedivorce but the parties have been living separateand apart (defined by the statute as completecessation of any and all cohabitation, whetherliving in the same residence or not ) for at least2 years and the marriage is irretrievably may file for the DIVORCE before you havelived separate and apart for the 2 year waitingperiod but you cannot get the DIVORCE until the 2year period is over.

3 There may be disagreementbetween you and your spouse about when youstarted living separate and apart. It is importantto try to get some legal advice on this to file for may file for DIVORCE in PHILADELPHIA COUNTY ifyou or your spouse lived in pennsylvania for the 6months immediately preceding the filing of thedivorce complaint, and either party currently residesin PHILADELPHIA or you agree to DIVORCE inPhiladelphia. There is no required length ofresidency in the COUNTY where the DIVORCE complaintis filed. In PHILADELPHIA , a DIVORCE complaint isfiled with the Clerk of Family Court at 1133 Chestnut is the cost?The filing fee is $ You may pay with amoney order. Personal checks and cash are you cannot pay the filing fee, you may ask to beexcused from paying the fee by filing a petition toproceed In Forma Pauperis (IFP).

4 Ask for and fillout an IFP Petition. If you are on welfare or SSI,bring your welfare photo ID or proof receipt of happens to property owned by theparties in a DIVORCE ? Marital property refers to almost everything thateither spouse acquires during the marriage,regardless of whose name the asset is titled assets would include a house (again,regardless of whose name is on the deed ormortgage), pensions, stocks and bonds, furniture,automobiles, bank accounts, debts, etc. Maritalproperty also includes increases in value duringthe marriage of: (1) any property owned by aspouse before the marriage and/or (2) any asset orproperty a spouse inherits or receives by gift duringthe marriage. The law provides guidance regardingthe equitable distribution of marital distribution literally means fair.

5 It doesnot necessarily mean 50-50 distribution of brochure is meant to give yougeneral information and not legal IN PHILADELPHIA COUNTYS ponsored by the Family Law Section of the PHILADELPHIA Bar AssociationSeptember, 2005 Fairness is determined by examining severalfactors: Length of marriage; Any prior marriage of either party; Age, health, station, amount and sources ofincome, vocational skills, employability, estate,liabilities and needs of each of the parties; The contribution by one party to the education,training or increased earning power of the otherparty; The opportunity to acquire assets and income inthe future; The sources of income for both parties; The contribution of each party in theacquisition, preservation, depreciation orappreciation of marital property, including thecontribution of a party as homemaker; The value of any property set apart to eachparty; The standard of living of the parties establishedduring the marriage; The economic circumstances of each party; and Whether the party will be serving as thecustodian of any dependent minor that fault behavior ( , adultery) is notconsidered in determining fairness in alimony or support for the spouse beawarded in a DIVORCE ?

6 Two kinds of financial support for the spouse canbe awarded in a DIVORCE : Alimony Pendente Lite (APL) is a form ofsupport that is only awarded for the period after adivorce complaint has been filed and ends when thedivorce is granted. Its purpose is to allow thespouse with less financial resources than the otherto pursue and/or defend against the DIVORCE actionand maintain his or her standard of living duringthis period. Alimony is a form of financial support paid byone spouse to the other after the finalization of thedivorce. The law allows the court to order alimonyfor as long as it is needed based on the followingfactors to be considered: Relative earnings and earning capacities of theparties; Ages and physical, mental and emotionalconditions of parties; Sources of income of both parties, including: Expectancies and inheritances of both parties,and Duration of the by one party to the education, training,or increased earning power of the other party; Extent to which earning power, expenses, orfinancial obligations of a party will beaffected by reason of serving as custodian ofminor child; Standard of living of the parties establishedduring the marriage.

7 Relative education of the parties and timenecessary to acquire sufficient education ortraining to enable the party seeking alimonyto find appropriate employment; Relative assets and liabilities of parties; Property brought to the marriage by eitherparty; Contribution of a spouse as a homemaker; Relative needs of the parties; Marital misconduct of either party duringthe marriage, but not after the date of finalseparation (except abuse of one party by theother); Federal, state and local ramifications ofalimony; Whether the party seeking alimony lackssufficient property to provide for the party sreasonable needs; Capability for self-support throughappropriate you need a lawyer?Filing for a DIVORCE can be a complicated process,especially if custody of children, support, and/orproperty division is involved.

8 If possible, it is bestto have legal representation may be available from: PHILADELPHIA LEGAL ASSISTANCE215-981-3800 PHILADELPHIA BAR association S LAWYERREFERRAL AND INFORMATION SERVICE215-238-6333 This brochure is meant to give you generalinformation and not legal advice.