Legal Question in Family Law in Pennsylvania

Thank you for your question.

If you already filed a Complaint in Divorce in your County, then your County would be the proper and correct venue for all proceedings.

Technically, once a Complaint in Divorce has been filed, a spouse seeking support would file an Answer to the Complaint and include a count for Alimony Pendente Lite ("APL") in the Answer. However, this does not preclude a spouse from filing a Petition for Spousal Support. The amount of an APL award and the amount of an award for spousal support is exactly the same.

There is, however, one minor difference and one very major difference in the two awards. A spouse seeking APL would have to include it in their Answer and thereafter, would file a "Petition for Alimony Pendente Lite" and the Court would schedule a hearing on the spouse's Petition for APL. Generally, if the income of the spouse seeking APL is less than that of the other spouse, the Court will grant an Award of APL.

The major difference between APL and spousal support is that APL will be awarded based on the fact that the parties were married, the income of the spouse seeking APL is less than that of the other spouse, and will be awarded without regard to "fault". However, where the spouse seeking support files a Petition for Spousal Support, she must prove "Entitlement" and also show that she was not at fault in any way. The fact that your wife left you without just cause or reason will work against her and this wrongdoing on her part will prevent the Judge from awarding her spousal support. So, if your wife files a Petition for Spousal Support in the County where she now lives -

1. Your first step should be to file a "Petition for a Change of Venue", alleging that since divorce proceedings have been commenced in your County, then all proceedings relating to the marriage should be in your County;

2. Once the Court grants your Petition for a Change of Venue and your wife's Petition for Spousal Support is transferred to your County, you should file an Answer to her Petition, and raise the issue of "entitlement", alleging that your wife has not alleged, or proved that she is innocent of any wrongdoing and is not entitled to an award of Spousal Support. She would then have to start all over again - File an Answer to your Complaint in Divorce, include a count for APL, then file a Petition for APL, then schedule a hearing on her Petition for Alimoney Pendente Lite", keeping in mind that this is Latin for "during the pendency of the divorce proceedings". This is very significant because as soon as a Divorce Decree is entered, the divorce proceedings have terminated and she will no longer be entitled to receive APL. If your wife needs or wants financial support from you, she will have to file a Petition for Alimony or make this award part of any Divorce Settlement you enter with her. Also keep in mind that she will only have the right to Petition the Court for Alimony if she included that claim in her Answer to your Complaint in Divorce. If she does not include it in her Answer and you do not enter an agreement with her, he will have lost the right to claim or receive alimony from you.

There are many significant issues which you should be aware of on the issue of alimony and what factors the Court will take into account on the issue of whether or not to award alimony, the amount of any award, the length of time of the award, and the many factors which influence the Court's decision on this issue, but it is impossible for me to explain the lengthy proceedings in this forum and how to protect yourself and your financial interests so that you will not be paying amounts which you are not legally required to pay. In order to protect your interests, you should, rather, you must, sit down with an experienced attorney and have him or her, go through this from "A" to "Z", and what obligations the Pennsylvania Divorce Code imposes on your wife as a recipient of alimony, otherwise you could be paying significant amounts of money to your wife and for a significant period of time which you otherwise would not have to. I have 25 years experience in family law and I am available for consultations.

Best of luck,

ANDREA G. TILLIS