Pennsylvania Divorce Tips
Divorce Papers > Divorce Tips > Pennsylvania Divorce Tips
There are some decisions which can totally change the path of your life. Good decisions lead to happiness while wrong decisions may ruin your life. Divorce is a serious matter and decision regarding it should also be taken quite seriously. You may be finding yourself nowhere when you are thinking of getting legally separated from your husband through divorce. At such time, you look for advices from friends and family. But more than this, you need some particular divorce suggestions. If you want to opt for a divorce in Pennsylvania, you must be familiar with some Pennsylvania divorce tips.
Some instrumental Pennsylvania Divorce Tips
- Either partner must reside in Commonwealth for at least 6 months to be eligible for filing for a divorce case. For example, if you have been living in the Commonwealth for the last 4 months, you have to wait for 2 months more for filing for the case.
- Pennsylvania divorce tips also include grounds for divorce. The Pennsylvania court grants a divorce case on no-fault ground only when both the partners agree to file an affidavit stating that the marriage is irretrievably broken. The court may grant the divorce 90 days after the divorce has been filed. Other no-fault ground includes circumstances where the two partners have been living apart for a period of at least 24 months and the marriage is irretrievably broken.
- Divorce cases on the fault grounds include:
- If a spouse leaves the other for a period of 1 year or more
- Inhuman or barbarous treatment
- If one partner indulges in bigamy
- Imprisonment for more than 2 years
- If one spouse gas created conditions that are intolerable so that the marriage cannot be continued
- If one partner endangers the life of the other partner
Other than the common factors mentioned above, there are certain situations which a couple may face while fighting their case. Such situations along with the solutions provided by state laws are provided below:
- Consider a situation in which an unmarried child has lived for a duration of minimum 12 months with his or her grandparents or great grandparents. Further, the parents of the child remove him or her from this residence. In such a case, the grandparents or great grandparents are free to file a petition in the court to award them reasonable visitation and/or custody rights.
- Assume that one of the parents of an unmarried child expires. Then, the court might award reasonable visitation and / or custody rights to the grandparents and/or great grandparents of the child. However, for this to happen, the following conditions must be satisfied. The court must be satisfied that:
- Such an arrangement is in the best interests of the child
- The arrangement would not hamper the parent-child relation
- Every parent would be offered access to the following data:
- School, religious, dental and medical records of the child
- The residential address of the child and the parent
- Any other information that the court decides is essential
The situation in which the above data cannot be accessed is as follows:
- The court might use its discretion not to provide access to the above mentioned information. However, before this decision is made, the court must state a reason for denial.
- After a custody order is declared by the court, if there is an intention of the party or the party executes the removal of self or the child from the Commonwealth of Pennsylvania, then, the court might review the present custody order upon motion of either party or its own motion.
- It happens that the divorcing parents develop and agree to a plan of child custody and forward it to the court. If the court determines to decline this plan, it has to mention reasons for the denial.
- Prior to making an award of sole or shared custody, the court might demand that the divorcing parents must be present at counseling sessions. The court takes into account any recommendations made by the counselors.
The counseling sessions comprise of several issues, some of which are as under:
- Talk regarding the responsibility and decision-making arrangement in both sole and shared custody.
- How the different arrangements of custody are suitable to the abilities of the parents.
- A court might award shared custody if it is in the best interests of the child and in the following conditions:
- In the discretion of the court
- When the divorcing parties have mutually accepted the option of shared custody
- If one of both parents apply for this award
- There are some situations in which a parent is a criminal of murder of the other parent of the child under 18 Pa. C. S. A. 2502(a). No court can award visitation, partial custody or custody to such a criminal. However, if the child is of suitable age and gives his or her approval for such a visitation, partial custody or custody, then, the court might consider the same.
We have shared here a set of common Pennsylvania divorce tips. This knowledge will prove instrumental once you start fighting for your rights.