FAQ

My boyfriend and I have lived together for more than seven years. Is there common law marriage in Pennsylvania?

Pennsylvania abolished common law marriage in 1995. If you are asserting a common law marriage that began prior to 1995, you must establish the exchange of verba praesenti, i.e., an exchange of words establishing the intent to be married. If you are successful in establishing the exchange of verba praesenti, the court would then look at a variety of factors to determine if a common law marriage existed, i.e. use of same last names; filing joint income tax returns; wearing wedding bands; reputation as married in community; etc.

I have been married for twenty years. Am I entitled to alimony? If so, for how long?

In Pennsylvania, alimony is considered as a “secondary remedy” after the division of the marital assets, or equitable distribution. Once the court has divided the marital assets, it must decide if alimony is appropriate. There is no formula for the amount of or duration of alimony. Alimony claims are decided on a case by case basis. The Pennsylvania Divorce Code lists 17 factors the court may consider in determining if alimony is appropriate. The factors are:

 

  1. The relative earnings and earning capacities of the parties.
  2. The ages and the physical, mental and emotional conditions of the parties.
  3. The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
  4. The expectancies and inheritances of the parties.
  5. The duration of the marriage.
  6. The contribution by one party to the education, training or increased earning power of the other party.
  7. The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.
  8. The standard of living of the parties established during the marriage.
  9. The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.
  10. The relative assets and liabilities of the parties.
  11. The property brought to the marriage by either party.
  12. The contribution of a spouse as homemaker.
  13. The relative needs of the parties.
  14. The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony, except that the court shall consider the abuse of one party by the other party. As used in this paragraph, “abuse” shall have the meaning given to it under section 6102 (relating to definitions).
  15. The Federal, State and local tax ramifications of the alimony award.
  16. Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party’s reasonable needs.
  17. Whether the party seeking alimony is incapable of self-support through appropriate employment.

My wife and I live in a home that we purchased during the marriage, but it is only titled in my name. Will my house be considered as a marital asset?

How an asset is titled is irrelevant in determining if an asset is considered a marital asset. The timing of the acquisition of the asset is the critical issue. If an asset was acquired during the marriage (subsequent to the marriage but prior to separation), it will be considered a marital asset regardless as to how the asset is titled. There are some exceptions to this rule, including assets excluded as marital by agreement of the parties or assets acquired with non-marital assets.

Will our marital assets be divided equally between my spouse and myself in our divorce?

  1. The length of the marriage.
  2. Any prior marriage of either party.
  3. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties.
  4. The contribution by one party to the education, training or increased earning power of the other party.
  5. The opportunity of each party for future acquisitions of capital assets and income.
  6. The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
  7. The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker.
  8. The value of the property set apart to each party.
  9. The standard of living of the parties established during the marriage.
  10. The economic circumstances of each party at the time the division of property is to become effective.
    1. The Federal, State and local tax ramifications associated with each asset to be divided, distributed or assigned, which ramifications need not be immediate and certain.
    2. The expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate and certain.
  11. Whether the party will be serving as the custodian of any dependent minor children.

How does the Court determine how much child support I must pay my child’s mother?

The amount of child support is governed by the Pennsylvania child support guidelines. The child support guidelines determine the amount of child support based upon each parent’s monthly net income (gross income after the payment of income and payroll taxes). In addition to child support, other expenses can also be allocated between the parents in proportion to their incomes including childcare; health insurance premiums and extracurricular activities.

How long does it take to obtain a simple no-fault divorce in Pennsylvania?

Where there are no property distribution or alimony issues, a no-fault divorce will be granted in one of two ways: (i) in cases where both spouses consent to the divorce, a decree can be requested 90 days after the filing and service of the divorce complaint; or (ii) in the event both parties do not consent to the divorce, there is a two year waiting period (starting from the date of separation) before a divorce decree may be entered.

Does it matter whether the husband or wife files for divorce?

The filing of a divorce complaint is very important and there may be important legal ramifications to the filing of a complaint and as to which party files. There are important legal issues which need to be discussed and explained in making the decision whether or not to file for divorce.

I received an inheritance from my parents during my marriage. Will my spouse be entitled to a portion of the inheritance in the event of our divorce?

Under Section 3501(a) of the Divorce Code, inheritances are not considered marital property subject to equitable distribution. The increase in the value of the inheritance from the date of receipt (or date of marriage if pre-marital property) to the date of separation, or date of divorce, will be considered marital property subject to equitable distribution. In addition, to the extent the inherited funds are comingled with jointly titled assets, the spouse may claim that the inherited funds should be considered as marital assets.

What factors are taken into consideration in child custody disputes?

Currently, under Pennsylvania law, the following factors are to be considered by the Court in making custody determinations:

  1. Contact: Which party is more likely to encourage and permit frequent and continuing contact between the child and the other party.
  2. Abuse:Is there, or has there been in the past, abuse committed by a party or a member of the parties’ household?
  3. Duties: What are the parental duties performed by each party on behalf of the child?
  4. Stability: Which party can best provide for stability and continuity in the child’s education, family life and community life?
  5. Family: The availability of the extended family.
  6. Siblings: The child’s siblings relationships.
  7. Preference: The well-reasoned preference of the child, based on the child's maturity and judgment.
  8. Alienation: The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
  9. Relationship: Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs.
  10. Daily Needs: Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
  11. Location: The proximity of the residences of the parties.
  12. Childcare: Each party's availability to care for the child or ability to make appropriate child-care arrangements.
  13. Conflict: The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party's effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
  14. Substance Abuse: The history of drug or alcohol abuse of a party or member of a party's household.
  15. Condition: The mental and physical condition of a party or member of a party's household.
  16. Any other relevant factors.