Pennsylvania Family Law Resources

Read through our Pennsylvania divorce and child custody articles to gain a better understanding of the road ahead. Educating yourself about the divorce process in Pennsylvania will improve your ability to communicate with your divorce lawyer, which goes a long way toward helping you reach your goals in Pennsylvania Family Court.

• Pennsylvania Property Division: Determining Fair Rental Value
• Filing a Complaint to Establish Paternity in Pennsylvania
• Pennsylvania Support Calculations
• What Constitutes Income In Pennsylvania?
• Pennsylvania Divorce Date of Separation
• Pittsburgh Fathers Rights
• Philadelphia Fathers Rights

Pennsylvania Divorce Process Overview

Generally speaking, Pennsylvania is a fairly unique jurisdiction regarding family law and divorce. The Pennsylvania Divorce Code, amended throughout recent years, allows for the filing of divorce on both fault and no-fault grounds if the parties have resided in the Commonwealth for at least six months prior to the initiation of the divorce action.

A party filing on fault grounds must establish one of six conditions:

1. Desertion
2. Cruel and barbarous treatment
3. Bigamy
4. Incarceration
5. Indignities
6. Adultery

Although the court may consider fault in determining alimony, it may not consider it in equitable distribution. Secondly, filing for divorce on fault grounds is a more extensive and litigious process, and therefore is a more expensive path for the parties.

Most parties opt to file for divorce on no-fault grounds, which can eventually be established either by mutual consent of both parties or by unilateral action taken by one party after the couple has lived separately for one year.

Related Article: The No-Fault/Fault-Based Divorce Debate

Pennsylvania Residency Requirements

To get divorced in the state of Pennsylvania, at least one spouse must meet the relevant residency requirements, which require residing in Pennsylvania for at least six months before filing for the divorce. Specifically, one must be a bona fide resident of the state.

Grounds for Divorce in Pennsylvania

Pennsylvania is a no-fault state as of 1980, so there is no requirement to prove fault when pursuing a divorce. Even so, you can file for divorce with fault if you prefer in accordance with the following grounds for divorce:

• Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years
• Committed adultery
• By cruel and barbarous treatment, endangering the life or health of the injured and innocent spouse

Related Article: Divorce Laws in Pennsylvania – FAQs

Pennsylvania Property Division Process

Regarding the division of property pursuant to a divorce action, Pennsylvania is an equitable distribution state. To determine property distribution, the court will take into consideration several factors including but not limited to:

• The length of the marriage
• The parties’ ages and health
• The parties’ earning capacity
• If applicable, who has custody of minor children
• Standard of living during the marriage

Marital property is defined as all property acquired by either party during the course of the marriage, prior to the date of final separation. Property acquired before the marriage or after the date of separation is mostly excluded from marital property, as well as gifts and inheritances received by either party at any point before, during, or after the marriage.

Related Article: 10 Quick Property Division Tips

Pennsylvania Child Custody Laws

In Pennsylvania, custody actions may be initiated as entirely separate proceedings from divorce or support. This is a vast contrast from other states. Such a condition means a custody case may have an entirely different schedule, potentially with different triers of fact, from another family court matter with the same opposing party.

Parties will typically be required to participate in educational and/or mediation sessions before appearing in court for an action for custody. Custody is an extremely fact-sensitive area, and the courts will determine an appropriate schedule based on the best interests of the children.

Title 23

The court determines the best interests of the child by considering all the relevant factors, including, but not limited to, the following:

• Which party can best tend to the needs of the child
• Which party is more likely to ensure the safety of the child; especially in light of Kayden’s Law, which went into effect in August of 2024
• Present and past abuse committed by a party or member of the party’s household
• A history of child abuse in the household and the involvement of protective services

Related Article: Pennsylvania Child Custody Questions

Pennsylvania Child Support

Child support in Pennsylvania is largely determined by the average cost for a family to raise a child, a cost determined by the state legislature and its related entities. This is affected by the parents’ net income, the number of children, and income disparities between the parents, among other factors.

The following are the main factors by which child support is determined in Pennsylvania:

• Physical custody schedule
• Number of children covered by the support order
• The monthly after-tax (or net) incomes of both parents
• Additional expenses that may be incurred by caring for the child or children
• If applicable, the amount of support exchanged between the parties

Related Article: 5 Tips For Modifying Child Support

Pennsylvania Spousal Support

There are three forms of support between spouses:

• Spousal Support: This will be awarded to ensure a dependent spouse receives a reasonable living allowance. The duty to pay spousal support arises out of the marriage and terminates when the marriage ends. Spousal support is typically applicable while the parties are separated but before a divorce matter is initiated with the courts.
• Alimony pendente lite (APL): This is a Latin phrase meaning “alimony pending litigation.” APL is a temporary support order granted to a party while divorce litigation is pending. The intention of an APL award is to provide both parties with an equal opportunity to litigate, maintain, and defend the divorce action.
• Alimony: This is an order of support granted upon the decree of divorce. The claim for alimony must be raised prior to entry of the divorce decree, or else it is waived. Alimony is awarded to ensure that the reasonable needs of a person are met, and can last for a definite or indefinite period of time. Cohabitation or remarriage by the party receiving alimony and/or death of the party receiving alimony may terminate the obligation to pay.

Related Article: Will I Have To Pay Alimony?

Why Work With Cordell & Cordell

Cordell & Cordell focuses on representing men and fathers in a family law system that can be biased against them. We operate in most states, but our attorneys in Pennsylvania are intimately familiar with the Commonwealth’s unique laws and can offer a variety of services. With an aggressive approach to legal matters and a communicative attorney-client relationship, you can confidently approach your case and build the future you want for your children. Take a look at what some of our previous clients had to say about our services.

“My attorneys have been great over the 4 years of my case. The support I have received from the firm over the duration of my case has been outstanding. My attorneys treated me as a person and not just as another case.” — Brian H.

“[My attorney] was a huge help. She got a very bad deal on my end, and time constraints were really tight. [My attorney’s] work was, in my experience, unparalleled.” — Jose A.

Safeguarding Pennsylvania Men’s Rights

Cordell & Cordell is a large law firm dedicated to men’s rights and helping fathers and husbands with family law issues. This page is meant to serve as a resource and isn’t to be taken as legal advice. Get started with your case today by calling us at 866-DADS-LAW or by filling out our online contact form to schedule an initial consultation.