Pittsburgh, PA Family Law - Divorce Attorney
Divorce Law in the Commonwealth of Pennsylvania
If you are currently thinking about separating from your spouse or have already initiated a Divorce proceeding through the court system our office strongly suggests you schedule an initial ½ hour free consultation to discuss your options. Be advised that along with buying a house, getting married, and having kids, divorce is one of the most stressful and difficult time periods in one’s life. Everything you have worked so hard for including your career, family, and health are all at risk.
Be advised that if you are married within Pennsylvania you are entitled by law to either separate from or divorce your spouse. No one can keep you in a failed marriage if you do not want to remain in this union. In order to file for divorce in Pennsylvania one spouse must reside in state for at least six (6) months prior to the filing with the Court.
In Pennsylvania there are two means to dissolve a marriage:
- Divorce; and
- Annulments
1. Divorce:
Divorce is the legal procedure of terminating a legally obtained marriage. Generally there are two types of divorce.
- Fault Based - This normally includes one or more of the following factors:
- Adultery
- Abandonment / Desertion
- Bigamy
- Burdensome conduct / Barbarous Treatment
- Insanity and / or Institutionalized spouse
- Imprisonment by one partner
- Physical and / or Verbal Abuse
- No-Fault Based - This normally includes one or more of the following factors:
- Both parties agree that the marriage is “irretrievably broken.”
- When both parties consent PA requires a Ninety (90) day waiting period.
- When one party challenges the No-Fault divorce the petitioning party may request a divorce by Court Decree. Divorce by Court Decree requires the parties to wait two (2) years before a divorce can be finalized.
2. Annulments:
Annulments is the legal procedure to terminate a marriage that is “void” or “voidable.”
- a “Void” marriage is one that includes one of the following conditions:
- a Bigamous marriage;
- a Incestuous marriage; and
- a marriage involving either have serious mental illnesses or insanity.
- a “Voidable” marriage is on that includes one of the following conditions:
- Duress;
- Intoxication by one or both spouse(s) at the time of marriage;
- Fraud; and
- Lack of physical capacity.
