Divorce Without Alimony In Philadelphia
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FAQ
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.
What Stops Alimony in PA? Remarriage: Alimony typically terminates if the supported spouse remarries. Cohabitation: If the supported spouse enters into a cohabitating relationship akin to marriage, alimony may cease.
In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.
Using DIY divorce papers is usually allowed only when the divorce is uncontested. An uncontested divorce is where you and your spouse have settled all major issues, such as child custody and spousal support. If you and your spouse have not agreed to every major issue, you have a contested divorce.
A prenuptial or postnuptial agreement can prevent many alimony disputes. Such marital agreements allow couples to agree beforehand on whether spousal support would be awarded in the event of a divorce. California's Family Code 1612 states that couples can agree to waive spousal support in a prenup or postnup.
The mandatory waiting period for a no-fault divorce in Pennsylvania is 90 days if both parties consent (23 Pa. C.S. § 3301(c)(2)). However, if one party does not approve, the process can be significantly longer, often exceeding one year.
As long as the spouse who is “served” the divorce papers does not deny that the spouses have been living apart for at least one year or that the marriage is irretrievably broken, the divorce may proceed even though only one party filed for divorce. Do both parties have to sign to get a divorce in PA? Not necessarily.
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.
The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce. If you're able to quickly come to an agreement with your spouse about alimony and division of property, your divorce can proceed through divorce court rather quickly.
Can one spouse stop a divorce from going through? If a plaintiff seeks a divorce by consent, or without consent, the defendant may prevent the divorce from being granted by proving that the parties have not lived separate and apart for at least one year or that the marriage is not irretrievably broken.
