Divorce Lawyer in Philadelphia

Over 35 Years Handling Philadelphia Divorce Cases, Exclusively in Family Law

Divorce touches nearly every part of your life: finances, housing, parenting, and long-term security. The decisions made during this process follow you for years. At Law Office of Smith & Horwitz, our divorce attorneys have spent over 35 years working exclusively in family law, handling divorce matters in Philadelphia and throughout the five-county area, including Bucks, Chester, Delaware, and Montgomery Counties. We’re recognized as Super Lawyers and bring that depth to every case we take on.

Our firm handles the full range of divorce-related matters, including:

• Spousal Support and Alimony
• Uncontested Divorce
• High-Net-Worth Divorce
• Property Division
• Attorney’s Fees

Who Pays Attorney’s Fees in a Pennsylvania Divorce?

In Pennsylvania, each spouse typically pays their own attorney’s fees during a divorce. However, a court may order one spouse to contribute to the other’s legal fees while the divorce is pending or as part of the final decree, depending on the circumstances.

Contact us online or call our firm at (215) 515-8464 to discuss your case with a trusted divorce attorney in Philadelphia today.

Why Choose Law Office of Smith & Horwitz as Your Philadelphia Divorce Attorney

Our firm is boutique by design. Every client works directly with our attorneys rather than being handed off to associates. That structure matters when the stakes are as high as they are in a divorce. We don’t cycle clients through a high-volume caseload; we focus on building realistic, practical strategies that serve each family’s specific circumstances.

We’re skilled in both negotiation and litigation, and we pursue whichever approach actually serves your situation. When settlement is achievable, we work toward it. When the case requires courtroom advocacy, we’re prepared for that too. Our flexible retainer structure makes it easier to get experienced representation from the start, and our client testimonials reflect the care and professionalism we bring to each engagement. Because our practice is devoted entirely to family law, every matter we handle, from contested property division to spousal support, draws on decades of focused experience.

Filing for Divorce in Philadelphia

To file for divorce in Philadelphia, an individual must meet the following three requirements:

• Have lived in Pennsylvania for at least six months immediately before filing.
• At least one spouse currently lives in Philadelphia, or both agree to divorce in Philadelphia.
• No other divorce case has been filed in another county or state (unless it is withdrawn).

Philadelphia County requires spouses to submit divorce filings to the Clerk of Family Court (Court of Common Pleas, Family Division, Domestic Relations Branch). There are three types of divorce recognized in Philadelphia: mutual consent, no-fault based on separation, and fault-based. Familiarity with local court procedures can help prevent unnecessary delays and keep your case on track. Neighboring counties have different filing locations and requirements; our firm regularly handles filings in Bucks, Chester, Delaware, and Montgomery County courts as well.

How Can I Get a Quick Divorce in Pennsylvania?

Filing for an uncontested divorce is the most direct path. In an uncontested divorce, both spouses agree the marriage is irretrievably over. Once the complaint has been served, either spouse may request a divorce decree after a mandatory 90-day waiting period.

Processing times in Philadelphia courts vary depending on the court’s docket and the completeness of submitted paperwork. Each step must comply with both state law and local procedural timelines. When both spouses cooperate and documents are prepared correctly from the start, uncontested divorces in Philadelphia typically move forward with fewer delays.

Pennsylvania No-Fault & Fault-Based Divorce

Pennsylvania is a no-fault divorce state, meaning a spouse doesn’t need to prove wrongdoing to obtain a divorce. The state offers two primary no-fault paths: mutual consent and separation.

No-Fault Divorce Options

Mutual Consent
The most common no-fault path. Both parties consent to the divorce, and after a mandatory 90-day waiting period from service of the complaint, each spouse files an affidavit of consent and the court may grant a decree. This route often avoids contested hearings entirely.

No-Fault Based on Separation
One spouse files a legal document stating the marriage is irretrievably broken after the parties have lived separate and apart for at least one year. This path doesn’t require agreement from both spouses.

Mental Incapacity
A third no-fault ground applies when one spouse has been confined to a mental institution for at least 18 months before filing, with no reasonable prospect of discharge within the following 18 months.

Most Philadelphia couples choose a no-fault path because it reduces the likelihood of contested hearings and offers a more predictable timeline. When fault is alleged, the process becomes significantly more complex.

Fault-Based Divorce Grounds

With the proper evidence, a judge may grant a fault-based divorce if a spouse has done any of the following:

• Abandoned the other without reasonable cause for one year or longer.
• Committed adultery.
• Put their spouse’s life or health at risk, such as through domestic violence.
• Married their spouse while still legally married to another person.
• Been sentenced to imprisonment for two or more years.
• Behaved in a way that made the other spouse’s life intolerable, such as through repeated humiliation or verbal abuse.

Fault-based divorces are more complex and contested, typically requiring stronger evidentiary support and skilled representation. Learn more about how to select a divorce attorney for your case.

Child Custody & Parenting Plans in Philadelphia

Parents navigating divorce in Philadelphia often have questions about child custody and how local courts approach parenting arrangements. Pennsylvania law encourages both parents to remain involved in their child’s life, and courts apply a best-interests-of-the-child standard when making custody decisions. Judges review factors including each parent’s living situation, work schedule, the child’s needs, school location, access to support networks, and neighborhood safety.

Custody arrangements address both legal custody (decision-making authority) and physical custody (where the child lives). Parents can develop a parenting plan together; if they can’t reach an agreement, the court decides. Philadelphia judges prioritize stability and healthy routines and may require parents to attend custody mediation or parenting classes when cooperation is difficult. Our firm handles contested custody matters and parenting plan development as part of our divorce representation, and we’re familiar with what Philadelphia family courts weigh most heavily.

High-Asset and Complex Property Division

Divorce cases involving substantial assets require careful planning and thorough documentation. Pennsylvania’s equitable distribution law requires courts to assess the value and origin of all marital property before dividing it. Equitable distribution doesn’t mean a strict 50/50 split; courts divide assets based on fairness, accounting for the length of the marriage, each spouse’s contributions, and any existing prenuptial or postnuptial agreements. Complex cases often require asset tracing to determine whether property is marital or separate, which directly affects how it’s divided.

Our firm handles cases involving business interests, investment accounts, multiple real estate properties, stock options, and retirement plans. We review ownership documents, coordinate asset valuation for property throughout Philadelphia and across multiple counties, and guide clients through organizing financial records to protect their interests in negotiations and at trial. Local knowledge of Philadelphia real estate values and property tax considerations matters when city properties or assets spread across multiple counties are part of the marital estate.

Call (215) 515-8464 to discuss your case with our Philadelphia family lawyers today.

What Is a Wife Entitled to in a Divorce in PA?

In Pennsylvania, a wife isn’t automatically entitled to anything that isn’t her direct property or assets. Courts divide only marital property, which includes property either spouse acquired during the marriage or purchased with funds earned during the marriage. Philadelphia courts apply equitable distribution rules, dividing marital assets and debts based on fairness rather than a strict 50/50 split. The process accounts for each spouse’s contributions, the length of the marriage, and any child custody arrangements. High-value assets, including Philadelphia real estate, retirement accounts, and business interests, often require detailed documentation to support a fair division. Alimony may also be awarded based on the wife’s financial situation and the court’s assessment of the circumstances.

Is Spousal Support Mandatory in Pennsylvania?

Alimony is ordered only when the court finds it necessary. The amount and duration depend on a range of factors, including each party’s income and financial situation.

Pennsylvania law allows judges to award spousal support or alimony pendente lite (temporary support during the pendency of the divorce) before a final decree is issued. We cover the differences between the two in detail on our Spousal Support and Alimony page.

Courts generally award alimony when one spouse is financially dependent on the other and needs support to meet basic needs after the divorce. Some courts refer to temporary alimony as “rehabilitative” support, aimed at helping the supported spouse regain self-sufficiency. Permanent alimony is possible but typically granted only when a spouse can’t become financially independent due to significant health issues, age, or a prolonged absence from the workforce.

Either spouse can request alimony, but the requesting spouse must demonstrate financial need. Factors courts consider include:

• Relative earnings and earning capacities of both spouses.
• Age and physical, mental, and emotional health.
• All sources of income for each party.
• Length of the marriage.
• Any instance of marital misconduct.
• Impact on earnings due to custody of a minor child and contributions as a homemaker.
• Assets, liabilities, and property brought into the marriage.
• Standard of living during the marriage.

Philadelphia courts also consider local cost of living and each party’s post-separation needs, including factors like job market access and city real estate ownership.

Temporary alimony ends on a date set by the court or when a specific event occurs, such as the supported spouse completing a degree program. Permanent support continues until the court modifies it, or until one of the following occurs:

• Either spouse dies.
• The supported spouse remarries.
• The supported spouse cohabits with another person in a relationship resembling marriage.

Support may be paid in a lump sum or in periodic payments, typically monthly or quarterly. Courts may also order income withholding so that the paying spouse’s employer deducts alimony directly from their paycheck.

Questions? Call Our Philadelphia Divorce Lawyers at (215) 515-8464.

Whether you need a Philadelphia divorce lawyer to draft a settlement agreement for an uncontested divorce or legal support for alimony, property division, or other divorce-related matters, Law Office of Smith & Horwitz is ready to help.

For legal guidance in Philadelphia or the surrounding Pennsylvania counties, reach out with your questions about the divorce process.

Call (215) 515-8464 or contact us online to arrange a consultation with one of our experienced Philadelphia divorce attorneys. We serve clients in Philadelphia and throughout the five-county area, including Bucks, Chester, Delaware, and Montgomery Counties.