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State: Pennsylvania

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Pennsylvania 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 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

A smiling man and a boy are hugging joyfully on a green sofa, with a cozy, plant-adorned living room setting in the background.

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

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 Client’s Rights

Cordell & Cordell is a large law firm dedicated to clients rights and helping parents 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 866-323-7529 or by filling out our online contact form to schedule an initial consultation.

Brittany Vakiner

When in law school, Cranberry Township divorce attorney Brittany Vakiner was determined to use her degree to help people.

“Family law is the perfect outlet to give people a voice, advocate, and voice of reason through one of the most difficult points in their lives,” Ms. Vakiner said. “I hope to bring assistance, stability, and clarity to my clients as they navigate the family law system and establish a new normal.”

She is extremely dedicated to her clients and genuinely cares about the outcome of her cases.

“It is so much bigger than just a case – it’s their lives,” she said. “Family law, whether it is divorce, custody, or support can be really hard and frustrating. I am here to walk through the process with you and am always on your side.”

Stephen R. Matvey

Pittsburgh divorce attorney Stephen Matvey chooses to practice family law because it provides an opportunity to help and counsel people through their most difficult issues.

“The Appeal of practicing family law is being a person’s advocate when they need one most,” Mr. Matvey said.

When practicing law, Mr. Matvey is responsive and client-focused. As a detail-oriented worker, he explains the nuances of law clearly to assist people in making informed decisions.

“When first meeting about the process, I tell my clients that communication and honesty are key to navigating their case and making the best possible decisions,” he said. “I assure them that I will always be upfront with them while zealously representing their interests.”

Cassandra A. Colombo

Allentown divorce attorney Cassandra Colombo chose to pursue family law because she wanted to help those who should worry about nothing more than helping themselves emotionally get through the process.

“It is an area of law where you truly get to know your clients on a personal level, and that relationship makes the work that much more rewarding and special,” Ms. Colombo said.

Divorce is one of the most difficult things a man will ever experience. Ms. Colombo is compassionate and understands how frightening this life transition can be. She is committed to working diligently with her clients to ensure their rights are protected and that they are able to start the next chapter of their life on solid footing.

“The process can be frustrating and emotional, but I am the type of attorney to be there by their side at any and all times and to make sure their voice is heard,” she said.

Andria Krupa

Pittsburgh divorce attorney Andria Krupa generally was interested in providing pragmatic solutions to complex family law issues when she began her legal career.

In her pursuit of that endeavor, she interned for a family law judge in the Court of Common Pleas of Allegheny County and also worked in the Duquesne University School of Law Family Law Clinic, which broadened the scope of her knowledge of issues faced by families in the court system.

“My ability to break down cases detail by detail in an effort to determine the most practical solutions to the client’s problems really separates me from a lot of other attorneys,” Ms. Krupa said.

If her clients do not understand something or are confused about the next steps they need to take, Ms. Voelker said the most important thing they can do is to ask questions.

“My job is to keep you informed about the process and what you can expect as we proceed through the court system,” she said. “I want to make the experience easier for you.

“You should also expect that I will provide you with honest legal opinions as it relates to issues and problems in your case. I don’t sugarcoat things.”

Thomas E. Gross

Frederick divorce attorney Thomas E. Gross understands the devastation divorce can cause. The opportunity to help clients make it through that process in one piece is why he chooses to practice family law.

“I enjoy helping people through traumatic and stressful experiences,” Mr. Gross said. “There is little else more traumatic or stressful than a family litigation matter.”

Mr. Gross is an intent listener and works intensely to help his clients achieve their goals in court.

Clients who work with Mr. Gross can expect an attorney who truly values his relationship with them.

“I consider our representation to be a relationship that they can count on,” Mr. Gross said, “through thick and thin.”

Jaimie B. Collins

Philadelphia divorce attorney Jaimie Collins decided to pursue a career in family law because she enjoys building a strong rapport with her clients and helping them through what can be incredibly emotionally trying times in their lives.

“There is no greater reward than knowing you have positively affected such an important and daily aspect of someone’s life,” Ms. Collins said.

No two families are alike, and recognizing that fact has helped Ms. Collins tackle the truly unique challenges that each client faces with respect to family law matters.

Ms. Collins is detail-oriented and is a passionate advocate for her clients.

“I strive to have a strong understanding of and empathy for each client’s individual situation so that I may best assist them in reaching their particular goals,” Ms. Collins said.

During her initial meeting with clients, Ms. Collins assures them that their voices will be heard throughout what can sometimes feel like an overwhelming and impersonal process.

“To that end, I provide my clients with consistent communication about their cases and answer any questions at the earliest opportunity to help them understand the steps that need to be taken and to make the process less daunting,” Ms. Collins said.

Jamie Spero

Pittsburgh divorce attorney Jamie Spero says it is the bond she is able to build with her clients that makes practicing family law so unique and why she has chosen it as a career.

“It gives me the opportunity to help people who are going through one of the most stressful times in their lives,” Ms. Spero said. “You really get to know your clients and develop a bond with them. They rely on you to provide them with knowledge, guidance, and advice through a difficult process.”

As an undergraduate, Ms. Spero earned her Bachelor of Science in Business Administration with a concentration in accounting. That background enables her to provide better service to her clients because she is naturally organized, has the ability to recall facts easily, and understands complex financial issues.

As an attorney, Ms. Spero does everything within her power to make sure her clients understand what they are going through. Going through a divorce often creates a cloud of uncertainty, but Ms. Spero promises to guide them through the process to the best of her ability.

“The most important thing is being knowledgeable about what to expect in the process,” Ms. Spero said. “I believe that the more knowledge a client has about the process, the easier and less stressful the experience is. I endeavor to provide all my clients with this knowledge so they understand what is going on and what the next steps are.”

Kimberly Nason

Pittsburgh divorce attorney Kimberly Nason first experienced family law while clerking for a highly esteemed Domestic Relations Judge in Cook County, Illinois.

There she quickly saw the need for knowledgeable, skilled, and empathetic family law attorneys.

“It is extremely satisfying to assist clients through what is surely one of the most difficult times of their lives,” says Ms. Nason, who moved to Pennsylvania in 2014 and joined Cordell and Cordell there in 2015.

She possesses a vast understanding of family law and the court process, and how to utilize both in the most effective manner for her clients.

Additionally, Ms. Nason is an experienced mediator. The skills she acquired in mediation training and applied process assist her in negotiating favorable settlements for her clients.

She has gained the respect of her colleagues in the family law division as an effective advocate and knowledgeable attorney.

Certified Mediator

William J. Phelan, IV

Philadelphia family law attorney William (Bill) J. Phelan, IV has a host of experience and accolades.

Both prior to and during his time at Cordell & Cordell, Mr. Phelan has appeared in hundreds of hearings on behalf of his clients, and his efforts secured results that have provided both financial security and peace of mind for those who had little hope until he took their case.

Domestic relations matters offer a plethora of options and issues that Mr. Phelan is experienced to handle, whether he is helping his clients to understand their case, negotiating and communicating with the opposing side, or meticulously preparing for and litigating a case at trial.

Mr. Phelan is experienced in handling all manner of appeals for family law cases, specifically handling various matters in Pennsylvania’s appellate courts. He is a member of an elite team of Cordell Appellate attorneys and regularly works with counsel in the firm across the United States to consult and assist on family law appeals.

“I enjoy working with my clients, who are usually in a difficult position in their lives, to help them reach a resolution that is not only in their favor, but also allows them to put their minds at ease and continue on with their daily lives,” Mr. Phelan said.