Quick Answer: Does it matter who files for divorce in PA?

TO START a divorce in Pennsylvania, one or both of the spouses must have lived in Pennsylvania for at least the past six months. The person who is asking for the divorce (the plaintiff) files a complaint that tells the court why he or she should get a divorce from his or her spouse (the defendant).

Is there an advantage to who files for divorce first?

Filing first may prevent your husband from hiding assets.

Deplorable as it is, many husbands hide assets during the divorce process. Filing first, particularly if you live in a state which requires an Automatic Temporary Restraining Order (ATRO), may help guard against any underhanded tactics.

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

In Pennsylvania, all property and all debt accumulated during the marriage belongs to both spouses. Any property that is considered separate property is not divided during a divorce. Each spouse gets to keep his or her own separate property which includes: Assets acquired before the marriage.

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What if spouse refuses to sign divorce papers in Pennsylvania?

Only one party needs to file a divorce “complaint” in Pennsylvania if the spouses have been living apart for at least one year. … However, individuals may need to take a different approach to divorce if their spouse refuses to sign the divorce papers and fights their claims. This option is a fault divorce.

Is PA a 50/50 divorce state?

No. Pennsylvania divides marital property under the theory of “equitable distribution”. … Community property states attempt a 50-50 distribution, as best as possible. Equitable distribution states divide property based on a determination of what’s fair under the circumstances of each case.

What can you not do during a divorce?

Here are the top 10 tips on what to avoid when filing for divorce.

  • Don’t Get Pregnant. …
  • Don’t Forget to Change Your Will. …
  • Don’t Dismiss the Possibility of Collaborative Divorce or Mediation. …
  • Don’t Sleep With Your Lawyer. …
  • Don’t Take It out on the Kids. …
  • Don’t Refuse to See a Therapist. …
  • Don’t Wait Until After the Holidays.

What is the #1 cause of divorce?

The most commonly reported major contributors to divorce were lack of commitment, infidelity, and conflict/arguing. The most common “final straw” reasons were infidelity, domestic violence, and substance use. More participants blamed their partners than blamed themselves for the divorce.

How do I divorce my wife without losing everything?

How To Keep Your Stuff Through Divorce

  1. Disclose every asset. One of the most important things you can do seems, at first, counter-intuitive. …
  2. Disclose offsetting debts. Likewise, it is important to disclose every debt, especially debts secured by marital assets. …
  3. Keep your documents. …
  4. Be prepared to negotiate.
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Do I get half of my husband’s 401k in a divorce?

Any funds contributed to the 401(k) account during the marriage are marital property and subject to division during the divorce, unless there is a valid prenuptial agreement in place. … For example, if your spouse also has a retirement account worth a similar amount, you may each decide to keep your own accounts.

Who gets house in divorce PA?

Who Gets the House in a Divorce in Pennsylvania? Pennsylvania’s divorce law gives the court the right to allow one or both of the spouses to reside in the marital home, during the divorce or afterwards.

How many years do you have to be separated to be legally divorced in PA?

As discussed above, you and your spouse must both consent to the divorce, or be separated for at least two years before you can seek a no-fault divorce. Additionally, when spouses separate, any property acquired after the date of separation is that spouse’s separate property.

How long does a divorce take in PA if one party doesn’t agree?

Act 102, which takes effect in 60 days, reduces the waiting period for unilateral no-fault divorce from two years to one. That means a spouse will need to wait only a year before obtaining a divorce without the other spouse’s consent.

Can you get a divorce if one party refuses to sign?

The fact is that California is a no fault state and you do not need your spouse’s signature in order to get a divorce. … If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve.

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What states are not 50/50 in a divorce?

Equitable distribution is a method of dividing property at the time of divorce. All states except for Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin follow the principles of equitable distribution.

Does my wife get half of everything in a divorce?

The court will generally divide the marital property in half, and each spouse will get one half of the total property. … The court can give one spouse more property than the other spouse if the court has a good reason to do so.

How long is alimony in PA?

This is often a common misconception by those navigating the murky waters of alimony in a PA divorce. In many PA county courts, there is an unspoken rule of thumb, not a law, that a recipient should receive one year of alimony for every three years of marriage.

After Divorce