Pittsburgh Divorce Attorney

Pennsylvania Family Law

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Divorce involves more than ending a marriage — it determines how property is divided, how
children are provided for, and how financial obligations are structured going forward.
Lebovitz & Lebovitz, P.A. represents individuals in divorce and separation
matters throughout Pennsylvania, with a focus on protecting your financial position and
your children’s stability.

Pennsylvania divorce cases range from straightforward uncontested matters to complex
contested proceedings involving business interests, retirement accounts, real estate, and
custody disputes. We handle both — with direct attorney involvement at every stage.

Speak with a Pittsburgh divorce attorney

Grounds for Divorce in Pennsylvania

Pennsylvania allows both fault and no-fault divorce.
The most common ground is no-fault divorce based on mutual consent or irretrievable
breakdown of the marriage. Under Pennsylvania law:

• Mutual consent divorce — both spouses sign affidavits consenting to the divorce. This is the most common and typically the fastest path.
• Irretrievable breakdown (separation) — if one spouse does not consent, the filing spouse may proceed after the parties have been separated for at least one year.
• Fault grounds — including adultery, abandonment, cruel treatment, and conviction of a crime. Fault grounds are less commonly pursued but may be relevant in certain equitable distribution arguments.

Uncontested Divorce in Pennsylvania

When both spouses agree on all issues — property division, support, and custody — an
uncontested divorce is typically the fastest and least expensive path.
Pennsylvania’s mutual consent no-fault process allows couples to resolve everything through
a negotiated marital settlement agreement without contested court hearings.

An uncontested divorce does not mean you should proceed without legal counsel. The marital
settlement agreement is a binding legal document that governs property division, support,
and — when children are involved — custody and support arrangements. Terms that seem fair
at signing can have significant long-term financial consequences that are difficult or
impossible to undo after the decree is entered.

We assist clients with uncontested divorces by drafting enforceable marital settlement
agreements, ensuring full disclosure, and guiding the matter through the
Allegheny County Court of Common Pleas Family Division
efficiently. If your situation is straightforward, we will tell you that clearly and
keep the process focused and cost-effective.

Equitable Distribution in Pennsylvania

Pennsylvania is an equitable distribution state — meaning marital property
is divided fairly, not necessarily equally. Courts consider a range of factors including
the length of the marriage, each spouse’s income and earning capacity, contributions to
the marriage, and the economic circumstances of each party at the time of division.

Marital property generally includes assets and debts acquired during the
marriage regardless of whose name they are in. Separate property —
including premarital assets, inheritances, and gifts — is generally excluded from
distribution, though commingling can blur that line.

Complex divorce matters involving business interests,
real estate, retirement accounts,
and investment portfolios require careful valuation and strategic positioning.
A prenuptial or postnuptial agreement,
if in place, governs how property is treated and can significantly simplify the process.

Spousal Support and Alimony

Pennsylvania recognizes three types of support obligations: spousal support
(during separation before divorce is filed), alimony pendente lite (during
the divorce proceeding), and alimony (post-divorce). Alimony in Pennsylvania
is not automatic — it depends on factors including the length of the marriage, earning
capacity, and whether the dependent spouse can become self-supporting. We advise clients
on support obligations and pursue or defend support claims as part of the overall divorce strategy.

Custody and Support in Divorce

When children are involved, divorce proceedings must also address legal custody,
physical custody, and child support. These issues are
governed by Pennsylvania’s best interest of the child standard and are handled separately
from property division. See our dedicated
Child Custody and Support page
for more detail. We coordinate custody and financial matters so the overall arrangement
is consistent and workable.

Filing for Divorce in Allegheny County

Divorce proceedings in the Pittsburgh area are filed in the
Allegheny County Court of Common Pleas Family Division.
The filing spouse is the plaintiff and the other spouse is the defendant. Service must be
made on the defendant after filing. If both parties are represented and agree on all terms,
the process can move relatively quickly. Contested matters — where property division,
support, or custody is disputed — take longer and require more procedural steps.

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Divorce FAQs

How long does a divorce take in Pennsylvania?

The minimum timeline depends on the grounds. A mutual consent no-fault divorce requires both parties to sign consent affidavits — once signed and filed, the court can enter a divorce decree relatively quickly if all issues are resolved. If one spouse does not consent, a one-year separation period is required before the divorce can be finalized on irretrievable breakdown grounds. Contested matters involving property division, support, or custody can take significantly longer — one to three years in complex cases.

How is marital property divided in Pennsylvania?

Pennsylvania uses equitable distribution — property is divided fairly based on the circumstances, not automatically 50/50. Courts consider the length of the marriage, each spouse’s income and earning capacity, contributions to the marital estate, standard of living, and economic circumstances at the time of division. Separate property — assets owned before the marriage, inheritances, and gifts — is generally excluded, but commingling with marital assets can complicate that analysis.

What happens to the house in a Pennsylvania divorce?

The marital home is typically the largest marital asset and must be addressed in the equitable distribution process. Options include one spouse buying out the other’s interest, selling the home and dividing proceeds, or in some cases a temporary arrangement where one spouse remains in the home while children are minor. If both names are on the mortgage, refinancing is typically required to remove one spouse’s liability. We work through the real estate and financial implications as part of the overall settlement strategy.

Can I protect my business in a divorce?

Business interests established or grown during the marriage are generally subject to equitable distribution. The value of the business — and how much of that value is marital versus separate property — is often disputed and requires expert valuation. A prenuptial or postnuptial agreement that classifies the business as separate property is the most reliable protection. Without one, we work to establish the separate property component, challenge overvaluation, and negotiate a settlement that avoids forcing a sale or disrupting operations. See our Business Law page for related planning considerations.

How is retirement divided in a Pennsylvania divorce?

Retirement accounts accumulated during the marriage are marital property subject to equitable distribution. Division of qualified retirement plans such as 401(k)s and pensions requires a Qualified Domestic Relations Order (QDRO) — a separate court order directing the plan administrator to divide the account. IRAs can be divided by direct transfer incident to divorce. The marital portion of a retirement account is generally the amount accumulated from the date of marriage to the date of separation.

Do I have to go to court to get divorced in Pennsylvania?

Not necessarily. If both parties agree on all issues — property division, support, and custody — a divorce can be finalized without a contested hearing. Many divorces are resolved through negotiation and a marital settlement agreement that is then incorporated into the divorce decree. Court appearances are typically required when parties cannot agree and a judge must resolve disputed issues. We work to resolve matters efficiently through negotiation while remaining fully prepared to litigate when necessary.

How much does an uncontested divorce cost in Pennsylvania?

Cost depends on the complexity of the assets and agreements involved, not just whether the divorce is contested. A truly simple uncontested divorce — no significant assets, no children, both parties in agreement — can be handled efficiently and cost-effectively. Where a marital settlement agreement must address real estate, retirement accounts, business interests, or support, the drafting and negotiation work increases accordingly. We explain fees at the outset based on your specific situation. The cost of a poorly drafted settlement agreement almost always exceeds the cost of getting it right the first time.

How does divorce affect my estate plan?

Divorce automatically revokes certain beneficiary designations and estate planning provisions in Pennsylvania — but not all of them, and the timing matters. Life insurance beneficiary designations, retirement account beneficiaries, and powers of attorney should all be reviewed and updated as part of the divorce process. We coordinate with our estate planning practice to ensure your documents reflect your new circumstances before and after the divorce is finalized.