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The short answer is, no. Pennsylvania does not automatically split marital assets down the middle. Pennsylvania follows the principle of equitable distribution, which means marital property is divided between the two parties according to what is deemed fair, or equitable, in the divorce.
There is no default judgment for divorce in Pennsylvania. If a spouse who has been properly served with the divorce complaint fails to participate in the divorce action, at the appropriate time, the spouse who filed for divorce can request that the court establish the basis for the entry of the divorce decree.
You must be separated for more than 2 years in order to do a Pennsylvania Divorce without your spouses signature. If your spouse can be served and he/she does not respond, you may be able to get your divorce without signature. Even after 2 years, your spouse could contest the case.
COMMON LAW. Pennsylvania is not a 50/50 common law state. PA law requires divorcing couples to equitably divide the marital property. This means that the division of marital property should be based on fairness utilizing a set of enumerated factors in the PA Divorce Code.
Pennsylvania has both no-fault divorces and fault divorces. In a no-fault divorce, both parties agree to get divorced simply because the marriage has fallen apart.
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You usually have 20 days from being served to respond. Even if you do not respond with a formal answer, you will need to file your appearance in court, which will include a filing fee, and attend court when the paperwork says to.
However, if your spouse refuses to consent to a no-fault divorce, your divorce will be considered contested, and you will need to move forward with a fault based divorce. Unfortunately, this means that your divorce will likely take longer to finalize and cost docHubly more than your no-fault divorce would have.
The short answer is either party could get the house in a Pennsylvania divorce. The judge could order the parties to sell the house and split the net proceeds after the mortgage and any home equity loans are paid off.
There is no expectation under PA law that you must remain in a loveless or abusive marriage, and you always have the option of suing for divorce if your spouse refuses to agree to a no-fault divorce.
In short, if one person wants out of a marriage, he is legally able to do so, whether the other person agrees or not. This is a freedom that hasnt always been the caseprior to 1970, no-fault divorce laws didnt exist in the United States.