1. Establish a Date of Separation.

Often, the first step in obtaining a divorce in Pennsylvania is to establish a date of legal separation. This date is important because it starts the clock ticking for certain waiting periods for obtaining a divorce in Pennsylvania. The date of separation is also important because it establishes a cut-off date for the acquisition of marital assets to be divided in the divorce and for the accumulation of marital debt. With regard to debt, it is worth noting that while debt accrued by a spouse post-separation may not be deemed marital debt subject to division by the court, a spouse may still be liable to a lender for debt accrued by the other spouse post-separation if they are a co-signer on the line of credit/loan. Therefore, upon separation, it is important to immediately close any joint credit cards, lines of credit, etc., if you do not need access to them for financial support post-separation.

A date of legal separation can be established in one of two ways. The first way is by filing 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. The second way to establish a date of separation is through conduct – for example by moving out of the marital residence or by moving into another bedroom and by declaring to your spouse, friends and family that you are separated. Joint bank accounts could also be closed, joint credit cards cancelled, etc. While there are no fixed rules about what type of conduct or actions are sufficient to establish a date separation, the conduct should clearly indicate an intention to separate from your spouse both emotionally and financially. If the date of separation is established by conduct, it is possible to undo the date of separation, either intentionally or unintentionally, also by conduct. For example, if spouses resume marital relations after they have separated, that will in effect cancel the prior date of separation and a new date of separation will need to be established.

2. File for Divorce.

Either before or after a date of separation has been established, as set forth above, the next step in how to get divorced in Pennsylvania is to file a divorce complaint. The divorce complaint is usually filed in the county in which you reside. For example, if you live in Bucks County, you will file your divorce complaint in the Court of Common Pleas of Bucks County. However, if your spouse lives in another state, it raises many complex issues, particularly if you have marital assets that need to be divided or are seeking support or alimony. In that event, you may need to file in the state in which your spouse resides. There are also certain residency requirements that may affect your right to obtain a divorce in Pennsylvania. However, if you have resided in Pennsylvania for more than six months, residency requirements should not be an issue.

In preparing the Pennsylvania divorce complaint, the spouse seeking the divorce needs to determine what grounds for divorce to include in the divorce complaint. Grounds for divorce can include consent due to irreconcilable differences, a two year separation with irreconcilable differences, or various fault grounds including indignities. The spouse seeking the divorce will also need to determine what additional claims, if any, he or she wants to include in the divorce complaint. Additional claims that can be included in a Pennsylvania divorce complaint are equitable distribution (i.e. dividing marital assets), support, alimony pendente lite, alimony, custody, counsel fees and costs, and special relief.

3. Process the Divorce.

After the Pennsylvania divorce complaint is filed, the next step to get divorced in Pennsylvania is to process the divorce. In simple divorces in which both parties are agreeable to the divorce and the parties are not asking the court to award support or alimony, divide marital assets or order other relief, processing the divorce can be relatively straightforward, but it still involves executing and filing all of the necessary forms in the right order and at the right time, including affidavits of service or acceptances of service, consents or affidavits of separation, notices or waivers of notices, and, finally, a praecipe for the divorce decree. In more complex divorces such as those where one spouse will not agree to the divorce, or which involve fault grounds, or which involve any economic issues such as support, alimony, or equitable distribution, processing the divorce is much more complicated. More complex divorces may involve discovery, such as document requests and interrogatories, appraisals, interim hearings and similar procedures before the divorce may be processed. In the event that a settlement of economic issues is not reached, more complex divorces also need to proceed to a Divorce Master's hearing on economic issues and, possibly, a trial before a judge before the divorce can be processed.

4. Request the Court to Enter the Divorce Decree.

Only after all outstanding issues are resolved and the necessary paperwork is filed with the court can a party move a divorce to conclusion. Once those steps are completed, the final step to get divorced in Pennsylvania is to file a praecipe for entry of a divorce decree.

The length of time that it takes to get divorced in Pennsylvania can be anywhere from about 5 months to several years, depending on the grounds for the divorce, the cooperation or lack thereof from the other spouse, and the issues involved in the divorce.

© 5/2/11 Cooley & Handy