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Same sex couples face different challenges when deciding whether to get married. In many instances, the prospective spouses have their own careers, their own assets and own earnings.
Many people are getting married when they are closer to thirty years of age and not twenty years of age, as they did in the 1960’s. Many couples are also remarrying for a second or third time or more in their later years. These couples more than likely have children and wish to provide for their children as well.
There are a lot of misconceptions about legal separation. It becomes especially confusing when each state has their own variations in family law for divorce and separation. Hopefully this will clear up some questions you may have concerning the process in Pennsylvania family law courts.
In Pennsylvania, prior to being divorced, both assets and debts are divided between the parties. If the parties can resolve the division of these items by agreement, that resolution is reduced to writing in a document called a "Property Settlement Agreement" ("PSA").
Let’s face it: The prenup seems so utterly unromantic - or just plain wrong - but it’s also become so right for so many these days: those keenly aware that a marriage may end up in a legal separation, divorce or death. Most prenups tackle financial issues such as real estate, division of bank accounts and potential spousal support in the case of divorce or separation.
If spouses cannot fairly divide the marital property, the court will divide it as fairly as possible. Marital fault is not a consideration in property division. In Pennsylvania, property acquired during the marriage is jointly owned regardless of title. The court considers the duration of the marriage, individual assets and potential for bringing in money, how much each contributed to the marital property, including homemaking, and who will have physical custody of the children.
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