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STEP ONE: The Notice to Defend and Divorce Complaint A divorce case is started with the filing of a “Complaint.” There are two forms that must be attached to the Complaint: the “Notice to Defend and Claim Rights” must be attached on top, and the “Verification” must be attached on the bottom.
STEP ONE: The Notice to Defend and Divorce Complaint A divorce case is started with the filing of a “Complaint.” There are two forms that must be attached to the Complaint: the “Notice to Defend and Claim Rights” must be attached on top, and the “Verification” must be attached on the bottom.
What is a wife entitled to in a divorce in PA? The wife is not automatically entitled to anything that is not her direct property or assets in a divorce in PA. Alimony payments may be required based on the wife's situation and any division of property will also be determined based on other factors.
It used to be that couples were required to go through a three-year separation. Lawmakers reduced that to two years in 1988. Last October, the governor signed the law scaling separation time to one year. Anyone filing for divorce since the new law took effect in December now must complete just a one-year separation.
When a married couple residing in Pennsylvania wishes to legally divorce they desire a swift resolution to divorce proceedings. Couples who want to end their marriage pursuing a “no-fault” divorce have to be separated for 1 year before filing. However, in some situations spouses can get divorced quicker.
Alimony may be terminated when the person receiving support remarries, enters into another relationship similar to a marriage or passes away. Courts may also review and modify an order if either person's financial circumstances change.
In Pennsylvania, there are a few scenarios in which alimony payments can be reduced or completely terminated. These include changes in the financial status of either party involved, the remarriage of the recipient spouse and when they choose to cohabit with another person who is not related by family ties.
Though there is no set time limit or requirement, the court will generally make a determination on alimony based on how long the marriage lasted, the total value of marital assets, how those assets are divided and whether the spouse receiving alimony has their own, separate assets.
The determination of spousal support is made by taking the difference in the net incomes of the parties, and multiplying that figure by a certain percentage (40% in cases where there is no concurrent child support, and 30% where there is child support in place).