Pennsylvania law does not make any provisions for legal separation. Parties may separate by mutual agreement or by one party removing themselves from the marital home. After separation, the parties are still considered married and must file their taxes as a married person until a divorce decree is granted.

 No-fault divorce is based on irretrievable breakdown. The parties simply inform the court that the marriage is so broken it cannot be repaired. If both parties agree to the divorce, there is a mandatory 90 day waiting period. If one party will not agree to a divorce, the parties must live separate and apart for two years.

 A no-fault divorce will take a minimum of 90 days due to the mandatory waiting period, but may take as long as two years. The length of the divorce process is hard to determine due to the other outstanding issues that may need to be resolved including support, custody and the property issues.

 Generally, there are two types of marital property. The first type is property that one of the parties brought into the marriage. Any increase in value of the property during the marriage is marital property to be divided. The party who brought the property into the marriage retains its original value. The second type is property purchased during the course of the marriage. The full value of this property is considered marital and will be divided between the parties. Marital debt is also divided under the Divorce Code.

 Pennsylvania law divides marital property and debts by equitable distribution. Generally, the parties exchange information about their property and debts and try to achieve a mutually agreeable division of the property. If the parties are unable to do so, a divorce master will hear testimony and receive evidence to make a determination as to how the property should be divided. The master will look to such factors as the length of marriage, the educational background, ages, incomes and employment history of the parties to make such a determination.

 Both parents are required to support their children. The calculation and enforcement of support are accomplished through the county domestic relations office. The hearing officer will review the net monthly incomes of the parties and will apply a formula to determine the amount of child support. Over and above the basic support, parents will also be liable for child care costs and unreimbursed medical costs.

 There are two types of custody; legal and physical. The person who has legal custody determines the major life decisions for the child. Major life decisions include religion, medical care and education. Generally, parties will share legal custody so that both parties may take an active role in their children’s lives. Physical custody determines where the child resides. Parents may share physical custody by equally dividing their child’s time between them. The most common physical custody arrangement allows one parent to act as the primary custodian with the other parent exercising partial custody more commonly known as visitation.

 Custody is determined by what is in the best interests of the child. The parties will engage in a mediation session to attempt to come to some kind of resolution or to narrow the issues of concern. If the parties cannot agree, the court will hear testimony and may rely on a psychologist, social service agencies or other outside sources for recommendations. Depending on the age of the child, the child’s preference may also be a factor in a court determination.