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Many times, parties going through a divorce will also face issues of child custody and support. In Pennsylvania, each of these items is handled separately through the courts. If the parties are able to reach a global settlement on all of these issues, it is permissible to compile one document memorializing the agreement between the parties addressing all of the matters. If the parties are unable to agree there could be a formal litigation held in each area. Divorce in Pennsylvania can either be no-fault or fault based. Before you can file for divorce in Pennsylvania, you or your spouse must have resided in the state for at least six months. If a divorce is by mutual consent and both parties sign Affidavits of Consent, the court will grant a divorce 90 days after the service of the complaint on the other party. If economic claims have been raised, these claims must be resolved either by consent agreement or Order of Court before a Decree in Divorce will be issued. If only one spouse wants a divorce and the parties have been separated for at least two years, a divorce may be granted so long as there is not a dispute as to the date of separation. It is important to note that the two year period begins running at the date of separation, not necessarily the filing of the Divorce Complaint.
