A spouse has the right to bring an action for divorce or annulment pursuant to this part, unless at least one of the parties was domiciled in good faith in this Commonwealth for at least six months immediately prior to the commencement of the action. Proceedings for divorce or annulment may be brought in the county where the defendant resides, or where the defendant resides outside of this Commonwealth, where the plaintiff resides. [Based on Pennsylvania Consolidated Statutes-Title 23-section: 3104]
legal grounds for divorce:mutual Consent The Court may grant a divorce, which States that the marriage has irretrievably broken and 90 days from the date of commencement of an action pursuant to this part and an affidavit was filed by each of the parties evidencing each Party consents to the divorce. Irreparable The Court may grant a divorce, where a complaint has been filed claiming that the marriage has irretrievably broken and an affidavit was filed alleging that the parties have lived separate and apart for at least two years and that the marriage has irretrievably broken. Fault The Court may grant the divorce to husband innocent and injured every time it is judged that the other spouse has: (a) committed willful desertion and damaging and absence from residence of the injured and innocent spouse, without just cause, for the period of one or more years. (b) committed adultery. (c) by a cruel and barbaric, endangered the life or health of the injured and innocent spouse. (d) knowingly entered into a bigamous marriage while a former marriage is subsisting. (e) were sentenced to imprisonment for a term of two or more years on the conviction of a crime. (f) offered such humiliation and wounded innocent spouse as to make intolerable condition, and that spouse's life. Institutionalization The Court may grant a divorce from a spouse to earth that madness or serious mental disorder resulted in solitary confinement in a mental institution for at least 6 months immediately before the commencement of an action under this part and where there is no reasonable prospect that the spouse will be released from inpatient care during 18 months for the application. [Based on Pennsylvania Consolidated Statutes-Title 23-section: 3301]requirements for advice or mediation:The Court may, at the time of the commencement of an action pursuant to this part, notification of both sides of the availability of advice and, on request, provide a list of qualified professionals who provide these services to both parties. The Court may require parents to attend sessions of advice and may take into consideration the recommendations of counselors before awarding sole or shared custody. [Based on Pennsylvania Consolidated Statutes-Title 23-sections: 3302 and 5305]
DISTRIBUTION OF PROPERTY:In an action for divorce or annulment, the Court, at the request of the parties, equitably divide, distribute, or assign, in kind or otherwise the marriage between the parties, without regard to marital fault in such proportions and in such a way that the Court considers just after considering all relevant factors, including:
The duration of the marriage. Any previous marriage of one of the parties, the age, health, station, the amount and sources of income, professional skills, employability, estate, the liabilities and needs of each party. The contribution of a party for education, training, or increased earning power of the other party. The ability of each party for future acquisitions of capital assets and income. Sources of income of both parties, including, but not limited to, medical, pension, insurance or other benefits. The contribution or dissipation of each party to the purchase, maintenance, depreciation or appreciation of the marital property, including the contribution of a party as a housewife. The value of the property are characterized by each party. The parties ' standard of living established during the marriage. The economic situation of each of the parties, including federal, State and local tax ramifications, at the time that the Division of property is to become effective. If the party will serve as the guardian of any minor children.All real or personal property acquired by both parties during the marriage is deemed to be spouses regardless if title is individually or by the parties in some form of co-ownership, joint tenancy, tenancy as joint tenancy by the entirety or. [Based on Pennsylvania Consolidated Statutes-Title 23-sections: 3501 & 3502]
FOOD SUPPORT/MAINTENANCE/DOMESTIC:Where you have placed a divorce, the Court may allow food, as it deems reasonable, for both parties only if it finds that food is necessary. In determining whether a food and in determining the nature, amount, duration and arrangements for payment of maintenance, the Court shall consider all relevant factors, including:
Relative earnings and earning capacity of the parties. Age and physical condition, mental and emotional side. Sources of income of both parties, including, but not limited to, medical, pension, insurance or other benefits. The expectation and the legacy of the parties. The duration of the marriage. The contribution of a party for education, training, or increased earning power of the other party. To the extent that the power gain, expenses and financial obligations of a party will suffer to serve as the guardian of a minor child. The parties ' standard of living established during the marriage. The statement of the parties and the time it takes to acquire sufficient education or training so that the party seeking food to find suitable employment. Its assets and liabilities of the parties. The property brought to the marriage by both parties. The contribution of a spouse as homemaker. The related needs of the parties. The civil fault of both parties during the marriage. The ramifications of federal taxes, State and local food award. If the party seeking maintenance lacks sufficient property to satisfy reasonable needs of the party. If the party seeking food is incapable of self-support through employment.
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