|
|
 |
|
|
 |
(8)the value of the property set apart to each party;
(9)the standard of living of the parties established during the marriage;
(10)the economic circumstances of each party at the time the division of property is to become effective;
(10.1) the federal, state, and local tax ramifications associated with each asset to be divided, distributed or assigned, which ramifications need not be immediate and certain;
(10.2) the expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate and certain; and
(11) whether the party will be serving as the custodian of any dependent minor children.
Obviously, PA family law cases can become quite complex. Trying to resolve a divorce in Pennsylvania using off-the-shelf free divorce forms, or using so-called cheap divorce lawyers, may ultimately cause more problems and be more expensive because of errors. Effectively representing divorce clients means staying current with Pennsylvania divorce law. An effective Pennsylvania divorce lawyer must balance legal knowledge with skills of persuasion and mediation to ensure the best result for his or her client.
The family lawyers at Wolf, Baldwin & Associates, P.C. have a combined fifty years experience handling divorce issues. We have the expertise and skill to help you resolve the economic issues associated with divorce. Contact us today to see how we can help you.
Related articles:
Marital Settlement Agreements in Pennsylvania
Offices in Pottstown, West Chester and Reading, Pennsylvania
Phone: 610-323-7436
Dealing with divorce, support, or custody issues is challenging. Our lawyers can help you face the challenge. Call our offices directly or contact our lawyers online for a consultation.
Family law cases are a major focus at our firm, but not our only area of practice. To learn more about other legal matters our lawyers can help you resolve, including Workers' Compensation, Wills and Probate, and Real Estate matters, visit wolfbaldwin.com or workerscomplawyerpa.com.
|
|
|
Grounds for Divorce in Pennsylvania
Since the Pennsylvania divorce law was amended in 1980, most divorces are "no-fault" divorces, meaning that the basis or grounds for the dissolution of the marriage is that the marriage is irretrievably broken. In these cases, there is no need to litigate any issue of fault. While proceeding on "fault" grounds is still available, it is not widely favored.
A no-fault divorce is primarily a matter of undoing the economic ties that bind. The two types of no fault divorces in Pennsylvania are by Affidavit of Consent under §3301(c) and by verifying that the parties have been separated for at least two years under §3301(d). The parties can secure a divorce without splitting assets or debts, but most cases will involve some level of dividing property. The parties may also choose to release each other from further liabilities, such as the liability to provide spousal support. Click here to read more about the difference between the two types of no-fault divorce in Pennsylvania.
Equitable Distribution in Pennsylvania
As with other areas of family law, the division of marital property (in Pennsylvania, "equitable distribution") can be resolved by the parties and does not need to be litigated. Our lawyers can draft a binding marital settlement agreement, which is a formal contract, when the divorcing parties can agree to the terms of a financial resolution. Click here to read more about marital settlement agreements in Pennsylvania.
When equitable distribution is litigated, Pennsylvania courts consider evidence pertinent to the couple's financial picture. There is no presumption that the assets of the parties should be split equally. Factors that are relevant to the equitable distribution of marital property in PA are set forth in 23 Pa.C.S.A. §3502 and include:
(1)the length of the marriage;
(2)any prior marriages of either party;
(3)the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties;
(4)the contribution by one party to the education, training or increased earning power of the other party;
(5)the opportunity of each party for future acquisitions of capital assets and income;
(6)the sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits;
(7)the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of a party as homemaker;
|
|
|
|
