Divorce is a legal process that dissolves a marriage. In Pennsylvania, divorce proceedings are usually held in court, where a judge presides over the proceedings. If you are contemplating divorce in Pennsylvania, it is helpful to know what to expect during a divorce hearing.
Property Division
One of the main issues that must be addressed during a divorce hearing is the division of property. Pennsylvania is an equitable distribution state, which means that marital property is divided fairly but not necessarily equally. Marital property includes anything acquired during the marriage, such as real estate, cars, bank accounts, retirement accounts, and personal property.
Each spouse can present evidence about their contribution to the acquisition, maintenance, and appreciation of the marital property. The court will consider several factors, including the length of the marriage, the age and health of the parties, the income and earning capacity of each party, and the standard of living established during the marriage, among others.
Alimony
In some cases, one spouse may be eligible for alimony, which is spousal support awarded to help the recipient maintain the same standard of living as during the marriage. Pennsylvania law provides for several types of alimony, including temporary alimony, rehabilitative alimony, and permanent alimony.
The court will consider several factors, such as the length of the marriage, the income and earning capacity of each spouse, the contributions made by each spouse during the marriage, and the age and health of each spouse, among others. The ultimate goal is to ensure that the recipient spouse is not left in a significantly worse financial position after the divorce than before.
Child Custody and Support
If the couple has children, the court will determine child custody and support. There are two types of child custody in Pennsylvania: legal custody and physical custody. Legal custody refers to the right to make decisions about the child’s welfare, such as education, medical treatment, and religious upbringing. Physical custody refers to where the child lives.
The court will consider several factors, including the child’s age, health, and well-being, the ability of each parent to provide for the child’s needs, any evidence of abuse or neglect, and the child’s preference, among others. The court will also determine child support, which is based on the income of both parents, the cost of the child’s basic needs, and any extraordinary expenses, such as medical or educational expenses.
Contested vs. Uncontested Divorce
There are two types of divorce in Pennsylvania: contested and uncontested. A contested divorce means that the parties cannot agree on one or more issues, such as property division, alimony, or child custody. An uncontested divorce means that the parties have reached a mutual agreement on all issues and simply need the court to finalize the divorce.
If the divorce is contested, the parties will have to attend a trial, where each party presents evidence and witnesses to support their position. If the divorce is uncontested, the parties may only need to attend a brief hearing, where the judge reviews the agreement and ensures that it is fair and reasonable.
Conclusion
In Pennsylvania, a divorce hearing can be an emotional and stressful experience. It is essential to understand the issues that will be addressed during the hearing, including property division, alimony, child custody, and support. While divorce can be a complex process, a knowledgeable and experienced attorney can guide you through each step of the process and help you protect your interests and rights.