Currently, no. The commonwealth of Pennsylvania does not recognize “common law” marriages entered into after Jan. 2, 2005
Basic Questions
Can I get an annulment in Pennsylvania?
Yes. In Pennsylvania, annulment is the manner in which invalid marriages are terminated. A marriage is invalid, for instance, if either party was incapable of consenting to marriage by reason of insanity, or if either party was, at the time of the purported marriage, validly married to another person.
Do I really need to hire an attorney?
Although a non-attorney could theoretically handle their own divorce, it is usually best to let a licensed professional handle the matter. Domestic litigation is rife with legal nuances that, if unknown or not understood, could put a non-attorney at a disadvantage when handling their own case.
What is a divorce going to cost me? Can I afford it?
It depends. The cost of divorce is entirely case specific. If the parties have many assets and debts to evaluate for distribution, it can be a fairly long, complicated and expensive process. Additionally, Pennsylvania employs a trifurcated system, meaning that divorce, custody and support can be handled at different times. If your case involves all three, it will be more expensive to litigate.
What are the grounds for divorce in Pennsylvania?
In Pennsylvania, divorce is divided into two categories: “fault” and “no fault.” A divorce on fault grounds requires that the plaintiff prove that he or she is the innocent and injured spouse and that the other spouse is guilty of one of six categories of marital misconduct: adultery, desertion, cruel and barbarous treatment, bigamy, imprisonment for a crime, and indignities. A divorce based on no-fault grounds must assert that the marriage is irretrievably broken.