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Divorce - General, Laws and Process
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Many clients contact attorneys with preconceived notions of what divorce and asset division will involve in their situations. These are some of the most commonly held beliefs most attorneys hear from people regularly.
Pennsylvania is a no fault state. So even if you have grounds to be divorced, i.e. adultery, abuse, abandonment, etc., most people end up getting a no fault divorce because the court will not hear fault grounds unless one spouse refuses to consent to the divorce. Consent forms cannot be signed until 90 days after service of the divorce complaint, and even if both parties sign consents the divorce will not be final until all assets and debts are divided either by agreement or by the court.
On the day of your wedding, everything is perfect. You are marrying the person of your dreams and you are taking vows to be together forever.
In a high net worth divorce, there are a many issues that can turn an otherwise simple divorce into complex litigation. There are several high net worth financial aspects that need to be identified, examined and thoroughly addressed before a resolution can be accomplished.
Divorce is a very emotional and trying time for anyone going through it. The emotions for a person going through a divorce can cloud a person’s thinking and ability to make important financial and if there are children, custodial decisions.
If you know that your marriage is coming to an end, whether you want it to or not, there are things you can do to prepare to make the process less painful.
It is an unfortunate fact these days, where there is marriage; there is also a 50% chance of divorce. This applies to heterosexual and gay marriage.
The United States Supreme Court Decision in recognizing a constitutional right for gays to marry throughout the United States has far reaching implications beyond just marriage.
The world has now opened up for gay couples. The United States Supreme Court decision now not only provides same sex couples with the right to marry as any heterosexual couple, gay couples now have the benefit of all of the rights and responsibilities as heterosexual couples.
Same sex couples may now benefit from federal and state income tax deductions, health care benefits, property ownership, work benefits and estate benefits.
In the case of a same sex couple who are not yet married but engaged, the United States Citizen spouse is able to file for a fiance visa to bring the fiance to the United States, get married and then apply for the spouse’s lawful permanent residence.
All over the U.S., lawyers are talking about the increased number of divorce cases they see in January. While December is usually the year’s low, January numbers shoot up and remain that way through March. What’s behind this trend?
“It’s better to be safe than sorry,” the adage goes. It’s especially true when it comes to legal issues like divorce - particularly in contentious cases. Studies over the past 5 years have tied social media to divorce as one of the leading causes. In 2012, a survey by Divorce-Online UK showed that Facebook was linked to about 1/3 of divorce filings in 2011.
There are a myriad of considerations when it comes to the divorce process. Depending upon the circumstances of your situation, the process can range from relatively simple and inexpensive to very complex and unfortunately, very expensive.
Divorce can be one of the most devastating events in a person’s life. It adversely affects either spouse to some degree, even if the one spouse wants the divorce. A divorce is like a death; it is a death of a marriage and both husband and wife go through a grieving process as if they were grieving the death of a loved one.
You are now in a dispute and you need a lawyer. How do you go about finding a lawyer who meets your needs? Do you need lawyer who specializes in Family Law? How about that lawyer you used to handle the car accident you were in last year? Should you use the phone book?
The added expense of living in two separate households may be obvious in a divorce case, but have you also budgeted for the cost of hiring a divorce lawyer to go to court?
With Pennsylvania being one of the few states that does not recognize legal separation, this affords you and your spouse the unique opportunity to negotiate your own private, legally-binding civil contract for your separation.
In light of Philadelphia Eagles owner, Jeffrey Lurie’s recent announcement that he and his wife, Christina, are getting a divorce, but wish to remain friends and business partners after the divorce, I thought it would be a good time to ask the question:
Recently, the Commonwealth Court decided to do away with the doctrine of common law marriage. The Court said: The circumstances creating a need for the doctrine are not present in todays society.
Massachusetts highest court ruled on February 4, 2004, that anything less than same sex marriages is unconstitutional.
Listed below are basic issues to be resolved in your divorce and discussed with your spouse. Please be advised that negotiations of these issues are not part of a NON-CONTESTED NO-FAULT DIVORCE.
The Divorce Code of 1980, 23 Pa.C.S.A. ß 3101 et.seq. (as amended) pioneered the concepts of no-fault divorce, equitable distribution of marital property, and post-divorce alimony in Pennsylvania.
Going through a divorce is a scary, anxiety-ridden process. You have thousands of questions and no one to give you answers.
Oftentimes when a married couple is not getting along, one person would like the other person to leave the home. If certain criteria are met, then a spouse may file a petition with the court asking the judge to award him/her sole possession of the marital home.
Legal separation does not exist in Pennsylvania. Unlike several other states, Pennsylvania does not require separating parties to go to court and request a judge to issue what is called a separate maintenance decree that officially declares their marriage over.
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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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