In Pennsylvania, there are fault based grounds for divorce and no fault based grounds for divorce. The most common course of action taken is a no fault divorce. This means that you do not have to prove that your spouse is at fault in order to get divorced. To understand the difference and to further discuss which course of action is right for your situation, contact our office to schedule a consultation.
Equitable Distribution
In Pennsylvania, the Courts divide the marital property between the parties without regard to marital misconduct in such percentages and in such manner as the court deems just after considering all relevant factors. Factors which are relevant to the equitable division of marital property include the following:
- The length of the marriage.
- Any prior marriage of either party.
- The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties.
- The contribution by one party to the education, training or increased earning power of the other party.
- The opportunity of each party for future acquisitions of capital assets and income.
- The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
- 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.
- The value of the property set apart to each party.
- The standard of living of the parties established during the marriage.
- The economic circumstances of each party at the time the division of property is to become effective.
- 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.
- The expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate and certain.
- Whether the party will be serving as the custodian of any dependent minor children.
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Before dividing a marital estate, we need to determine what is marital property and what is not marital property. In brief summary, marital property is property acquired during the marriage, with the main exceptions being property acquired by gift (from outside of the marriage to only one spouse) or inheritance (to only one spouse). Nonmarital property is property acquired before the marriage, after separation, or by gift (from outside of the marriage to only one spouse) or inheritance (to only one spouse). We must also consider debts of the marriage when dividing the marital estate.
After we determine what is marital property to be divided in equitable distribution, we then need to value the property. Then once we have an accurate picture of the property and debts of the marital estate, we can enter into settlement discussions in an effort to try to reach an agreement regarding how to divide the marital estate without the necessity of court involvement. If we can reach an agreement, you do not have to go to court regarding the division of your marital estate. If we cannot reach an agreement, we will need the court’s assistance.
Whether your case involves a modest marital estate to be valued and divided or a large marital estate with more complex assets to be valued and divided, such as business interests, contact our office to schedule a consultation to discuss your situation.