Common Divorce Questions: Why should I file for divorce in my home county?
By Attorney Anna L. Knych
One of the initial questions that you are faced with when filing for divorce is in which county should the divorce be filed. Pennsylvania rules allow the parties to agree to file a divorce in any county in the Commonwealth. But why would anyone wish to file for divorce in a county which is on the other side of the state? The primary reason is fees. An initial filing fee is required when you file any action in court and the counties each set their own rates. These rates vary widely. A divorce action with a single count can be as low as $88.75 in some counties and as high as $380.50 in others. To save their client’s money on fees, some attorney’s file for divorce in the lowest cost county they can find.
The practice of filing in a low-cost, remote county is short-sited and can end up costing the client much more in the long run. If the parties are unable to agree on an issue, for example, how to divide a retirement asset, whether alimony should be paid, or even how personal property should be divided, the court may need to intervene by holding a conference or hearing. The attorney, and often the client, will need to travel to the county where the divorce was filed, and the attorney’s fees will quickly skyrocket. For example, one of the lowest cost counties is about a three hour and 45 minute drive from Harrisburg. If an attorney has a $200.00 hourly rate, the travel costs alone for attendance in court would be close to $1,500.00, well dwarfing any savings from filing in a “low-cost” county.
While not every divorce case includes direct court involvement, the court is always there as an option to help the parties if something goes wrong or if one party is not cooperative in the process. When an action is filed in a distant county, the decision to involve the court is complicated by the high cost of doing so.
Costs associated with the value of marital assets can also be prohibitive if the assets are located far away from the county where the action is taking place. These costs can prevent a party from presenting all the evidence they truly need to. For example, if there is a dispute about the value of the marital home, the parties will need to obtain an appraisal. The appraiser will then need to travel to the county where the action is to testify. The appraiser’s travel will require compensation in addition to the attorney’s travel.
Many of the travel costs and other expenses can be significantly reduced if the divorce action is filed in the county where the parties live. Although the initial filing fee can be large, over the course of the case, the costs will be less, and the parties will have easier access to the court if necessary.
If you are involved in a divorce action, it is important to consult an attorney. Walters & Galloway, PLLC has extensive experience representing parties involved in divorce cases. Our attorneys will be happy to further discuss with you the procedure involved in your case and the specific facts that may be relevant to determining where to file for divorce.
