In Pennsylvania, a no-fault divorce will be granted only when a marriage is “irretrievably broken.” Sometimes both parties agree that the marriage is over. But when they don’t, the Divorce Code requires them to live separate and apart for two (2) continuous years before the law says the marriage is irretrievably broken. With dual income households being the norm, it is often not feasible for one party to simply vacate the home. This means that families are required to live separate lives under the same roof for two (2) years while the economic issues linger. This creates an untenable situation; not only for the parties, but often forces the children to live in a cauldron of arguments, tension, and stress. In the life of a child, two years is an eternity. …Read more
In November of 2011 the Supreme Court in Focht vs Focht changed the law in Pennsylvania.
SITUATION: Injury before Separation, Settlement after Separation
In the Focht case the husband suffered a personal injury at an automotive race track about 2-1/2 years before they separated. The personal injury suit was settled a few months after divorce proceedings were recommenced, with Husband receiving a six-figure settlement and Wife receiving a smaller sum for loss of consortium. …Read more