Believe it or not, this is the time of year that most family law practitioners will see a rise in the number of divorce filings. The date of separation is usually the date upon which the spouses cease living together. This can be a bit tricky now because many times in the interest of young children, couples will stay in the same house together but sleep in separate bedrooms, the wife will begin using her maiden name or bank accounts may be changed. All of these things will be taken into consideration. Pennsylvania has no such thing as a legal separation — you are either married or divorced. The actual date that you begin making these changes will affect things such as the time limits for filing certain types of divorce and property distribution matters as well. Keep track of when you started to do things separately and let the attorney know — he or she will then be able to help you determine the exact date.
Date of Separation and Divorce – What Does it Mean?
Divorce is the legal process of ending a marriage in Pennsylvania. These include equitable distribution, which is the legal process of dividing up marital property in Pennsylvania. People also think of support claims such as alimony pendente lite, and spousal support , and sometimes even custody and child support claims.
While all of those claims can be included in a divorce action, this introduction will focus exclusively on the actual divorce aspect of a case. Since the introduction of the no-fault divorce law in Pennsylvania, the vast majority of divorces proceed as no-fault divorces. In general, there is only one exception to the rule.
Basic information about divorce laws in Pennsylvania. The “marital misconduct” of you or your spouse before the final separation date;; Abuse of one spouse.
I have read the disclaimer. What date is used to value marital property during equitable distribution of the marital estate? Because the value of some assets fluctuates from time to time, the valuation date of marital property is generally the time of distribution unless the property is no longer in existence. In some instances, a date of separation value may be appropriate, where an asset, such as a business, is in the sole control of one of the parties during the period of separation.
A date of separation value does not necessarily require the imposition of prejudgment interest, although such a claim may be asserted. The marital property increase in value of separate property is as of the date of separation or date of distribution, whichever date produces the lesser increase in value. In instances where marital property was disposed of prior to distribution, a pre-distribution valuation date will be employed.
The valuation date selected by the courts is intended to effectuate economic justice between the parties. A valuation date may be upheld even though a different valuation date is more appropriate if no objection is raised at trial. Any party may give opinion testimony as to the value of assets in which the party has an ownership interest because of the presumption of special knowledge derived from ownership.
Where evidence offered by one party is uncontradicted, the court may adopt this value, although the resulting valuation would have been different if more accurate and complete evidence had been presented. If the value of an asset is significant, an opinion of the value of the asset from a qualified expert should be obtained.
Should I Date While My Pennsylvania Divorce Is Pending?
On January 1, , birth and death records began to be recorded at the state level in Pennsylvania. These records are maintained at the Division of Vital Records , P. Box , New Castle, Pennsylvania, , and telephone This site will give you information and forms necessary to obtain the records. By statute, birth and death records were to be recorded and maintained at the various county courthouses from to Birth and death registers were to be kept by the Register of Wills in the various county courthouses from to
the date of filing, the Complaint must be reinstated using Praecipe, and re-served. Service of the Notice to other party (or 90 days if the other party does not live in Pennsylvania). days before you can file the (c)(1) Affidavit of Consents.
TITLE PART I. Chapter 1. Preliminary Provisions. Short title of title. Chapter Short title of part. Common-law marriage. Records and statistics. Marriage License. Marriage license required. Application for license. Waiting period after application. Restrictions on issuance of license.
Frequently Asked Questions
Skip to content. Home General Contractors Personnel References. I am ready to move on with my life, as my marriage has truly been over for a LONG time. Not all states care about dating, but Pennsylvania does.
Find Vital Records and guidance for Pennsylvania Birth, Death, Marriage, and Divorce. Before January 1, , only scattered records exist in the various county Motions, , and Divorce Docket, , arranged by date.
As a default matter, the death of a spouse during the pendency of a divorce proceeding abates the divorce action and any and all claims for equitable distribution; stated otherwise, the divorce ends and equitable distribution never occurs. Notwithstanding the foregoing, the probate code contains various provisions that aim to ensure that the marital estate will be divided in a fair manner in the event that one spouse predeceases the other.
Divorces in Pennsylvania can last for months and years past the time of the original separation, and much can transpire during that period of time as spouses move forward with their lives in the interim. While some choose to wait until the divorce is finalized to start dating, many start dating at some point before the entry of the divorce decree, so the fact pattern described above is not unusual.
If you would like immediate assistance, please call us at or contact us online. We offer evening and weekend appointments for your convenience as well as telephone consultations, if you live far away from our office.
Are you liable for your spouse’s credit card debt in a Pennsylvania Divorce?
Divorces can sometimes take a long time to be finalized for various reasons. The divorcing couple may go into the divorce expecting to simply finish the process and take some time before starting a new relationship. However, things sometimes take a different turn and a divorcing spouse may wish to date or get in a serious relationship with another person while the divorce is pending.
No information is available for this page.
One of the most important first steps in obtaining a divorce in Pennsylvania is to establish a date of separation. It starts the clock for certain mandatory waiting periods for obtaining a divorce in Pennsylvania; and. Perhaps the most definitive method of establishing a date of separation in Pennsylvania is to file a divorce complaint. The law presumes that the date of separation is the date on which the divorce complaint is filed unless a party can establish an alternate date.
It is also important to separate the joint finances. This means that joint bank accounts should be closed and the parties should also stop accumulating joint or marital debts. This type of behavior and any other attempts that can be interpreted as reconciliation, however temporary, can create a new, later date of separation. Because of its importance to the division of property, the Pennsylvania date of separation is often a major issue in divorce.
If couples cannot stipulate to a date, then a court will have to decide. As indicated above, the easiest way to establish a date of separation is to unambiguously inform the other spouse of your intent and then take clear actions to establish a date of separation, such as retaining a Pennsylvania divorce attorney and separating the finances. Therefore, upon separation, it is important to immediately close any joint lines of credit.
The date of separation can also play a role in the division of retirement accounts, especially when dividing defined contribution plans.
Divorce in Pennsylvania
Text of Pennsylvania Statutes regarding divorcing and divorced persons resuming their prior surname. About HG. Find a Law Firm:. Need a Lawyer? Divorce in Pennsylvania is conducted as a civil action, with one party, Plaintiff, filing a Complaint for Divorce, and the other party being named as a Defendant. Residency Requirement: To file for divorce in Pennsylvania, one or both of the spouses must have lived in the state for at least six months.
This is referred to as the date of separation, which is important in relationship had ended prior to the divorce proceedings.
For example, the date of separation is important to properly identify and value assets which are owned jointly or individually by the couple. In Pennsylvania, when a couple separates it does not have to be a physical separation. In fact, spouses can be separated while still living in the same house, possibly even in the same bedroom. The key factor to consider is when did the spouses stop behaving like a married couple.
In all cases, if one party decides to file a divorce complaint that is the latest date that a court will consider the parties to have separated. In the event a complaint in divorce is filed and served, it is presumed that the parties commenced living separate and apart no later than the date that the complaint was served. The single most important factor is to determine when a couple ceases to act as husband and wife.
Therefore, separation can occur when one spouse leaves the marital residence with no intention of returning or when one spouse clearly communicates to the other their intention to end the marriage. However, it is unlikely that any one of these factors on its own would be sufficient to determine the date of separation.
How Long Does It Take to Divorce in Pennsylvania?
However, anything they owned before the marriage remains their individual, separate property. Anything acquired after separation is the same; this is part of the separate, individual property of each adultery. That means that you do not need to wait until date to start claiming things as your own – click separation is what triggers this legal difference. Separation also affects other things. Establishing the individual rights, support payments, and the date of separation can be difficult.
Legal separation accomplishes many of the same things that divorce does, with regard during property and money.
Learn about Dating during a divorce in Pennsylvania today. until Feb (2 years from the date divorce filed) I requested an expense statement from her so.
Pennsylvania does not require spouses to gain court approval for a separation which means they may contract privately on their own at any time for the separation of their estate. For various reasons, spouses who are struggling in their marriage often decide to separate prior to, or instead of, divorce. For many, separation acts as either a cooling off period for couples having difficulty communicating or a slower adjustment toward what will ultimately become new living arrangements for the family.
Effective December 5th, , Section d of the PA Divorce Code was amended in an effort to enable spouses to divorce after a 1-year wait period instead of 2 years. The intention behind the change is to reduce the conflict and financial burden often incurred with a 2-year rule. Prior to December , a spouse was able to delay a divorce filing for up to 2 years. Any divorce filed before December 5th , is still subject to the two-year wait period.
While no law in PA requires a separating couple to execute a separation agreement, it is definitely a wise idea if there are debts, children, support claims or property involved and spouses want to settle these matters in writing via a legally binding document. Oral promises between spouses are unenforceable and have no value in a court of law. How is it calculated? If you and your spouse separate households, this may give rise to a claim for spousal support under the Pennsylvania Support Guidelines.
The claim is initially filed with the county domestic relations office.
Pennsylvania Divorce Law 101: Know The Basics
One of the first questions clients often ask is about filing for a “legal separation. For example, the date of separation is important to properly value assets owned jointly or individually by the parties. When parties “separate” in Pennsylvania, it does not always require physical separation. In fact, spouses can be separated while still living in the same house, possibly even in the same bedroom.
While adultery is a factor in the consideration of an award of alimony, it refers to relationships that began prior to a separation not after. Once a.
Under Pennsylvania Law, you have the right to represent yourself in all legal cases, including divorce. The legal term for representing yourself is “pro se,” pronounced “pro say” which is Latin for “on your own behalf. It is important to understand that by representing yourself, you may be giving up important rights.
It is very important for you to find out if your spouse has a pension, retirement account, insurance or other significant property before you decide whether to file your own divorce. If you do not ask for such things in the divorce, you will give them up forever. This will give you an indication on how to proceed with the divorce.