Divorce is a challenging experience, and navigating the process in Allegheny County has its own nuances. This blog post addresses some frequently asked questions specific to this area, offering a starting point for understanding the process.
1. How much does a divorce cost in Allegheny County?
Divorce costs in Allegheny County, like elsewhere in Pennsylvania, vary significantly. Uncontested divorces (where both parties agree on all terms) are generally less expensive, but still involve court filing fees and attorney fees for document preparation, consultation, and negotiation. Contested divorces, where disagreements exist regarding property division, child custody, and/or support, can escalate costs considerably due to increased attorney involvement, expert witness fees (e.g., appraisers, business valuation professionals, and custody evaluators), and court appearances. Attorney fees in Allegheny County are generally billed on an hourly basis. As a final note, emotion, rather than complexity, usually drives up counsel fees. Be sure to work closely with your attorney to discuss how to keep your fees manageable.
2. How long does a divorce take in Allegheny County?
Pennsylvania law mandates a 90-day waiting period after the date of service of the divorce complaint before a divorce decree can be requested – and that assumes all claims have been resolved in the interim, and both parties consent to the divorce. The divorce decree can take another 30 days to receive. As such, 120 days is the minimum amount of time, and is extremely unlikely.
However, uncontested divorces might be finalized relatively quickly, and often times can be resolved under one (1) year. Contested divorces in Allegheny County, however, can take considerably longer, depending on the complexity of the issues, the court’s schedule (which can vary), the availability of court-appointed mediators or conciliators, and the parties’ willingness to consent to the divorce and move forward diligently.
3. How do I start a divorce in Allegheny County?
The process begins with filing a Complaint for Divorce with the Allegheny County Department of Court Records. While Pennsylvania has both fault and no-fault grounds for divorce, almost all divorces proceed under no fault grounds, because the fault grounds are not considered in equitable distribution (property division). The Complaint must be served on your spouse, and proof of services has to be filed with the court. Thereafter, the 90-day “cooling off” period begins before any court action can be taken.
4. Do I need a lawyer to get a divorce in Allegheny County?
While not legally mandated, having an attorney is highly recommended, especially in Allegheny County, given the complexities of local rules and procedures. This is particularly important if you have complex assets, children, or a contested divorce. An experienced Allegheny County divorce attorney can guide you through the Allegheny County court system, protect your rights, and help you achieve the best possible outcome.
5. How is property divided in an Allegheny County divorce?
Pennsylvania is an equitable distribution state, meaning marital property is divided fairly and equitably, though not necessarily equally. The court considers various factors, including the length of the marriage, each party’s contributions to the marriage (including home making responsibilities), and their earning capacities/ability to gain assets in the future. Separate property is generally not subject to division, although the increase in value of separate property is part of equitable distribution. Experienced attorneys in Allegheny County are familiar with how local judges and divorce hearing officers typically handle these issues.
6. How is child custody determined in Allegheny County?
Allegheny County courts, like others in PA, prioritize the best interests of the child. Courts consider various factors, under the umbrella of “best interests of the child,” including the child’s well-reasoned preference, safety of the child, each parent’s ability to provide care, and the stability of the home environment. Legal custody can be sole or shared, and physical custody can also be shared or one parent may have primary physical custody. Custody disputes in Allegheny County often involve a court-mandated mediation and other opportunities to settle before going to a judge.
7. How is child support calculated in Allegheny County?
Pennsylvania uses statewide Child Support Guidelines based on the income shares model, but local practices and judicial interpretations between counties. The Guidelines consider the parents’ incomes (the definition of which is different than earned income), the number of children, and certain expenses. Experienced attorneys in Allegheny County are familiar with how these guidelines are applied locally.
8. How is alimony determined in Allegheny County?
Keep in mind that there are three (3) types of spousal support existing from the marital relationship – spousal support, alimony pendente lite, and alimony. Spousal support exists solely due to the marital relationship and a duty to support your spouse. There are defenses to spousal support. Alimony pendente lite (“APL”) is alimony during the pendency of the litigation, and is meant to put people on equal footing to litigate the divorce. There are very limited defenses to APL. Alimony, meaning traditional post-divorce decree support, is a secondary remedy in Pennsylvania. Courts consider various factors, including the length of the marriage, the parties’ earning capacities, and the standard of living.
9. How do I change my name after a divorce in Allegheny County?
You can request a name change after a Complaint in Divorce has been filed. The associated costs are minimal.
10. How do I get a copy of my divorce decree in Allegheny County?
You can obtain a certified copy of your divorce decree from the Allegheny County Department of Court Records.
This information provides a general overview. For specific legal advice tailored to your situation in Pittsburgh, Allegheny County, and other surrounding counties, contact Raver Rawlings & Parker PLLC today!