FAQs About Divorce
Any type of property or asset that is acquired by the couple during their course of the marriage is considered as marital property and is divided equitably in case of a divorce. In Pennsylvania, the court decides how the marital property is to be divided during the divorce process. Divorce process is long
There are some exceptions to what the court takes as marital property though. For instance, any asset acquired before the marriage will not be considered as marital property. Likewise, inheritance, personal gifts, and any possession excluded in the prenuptial or agreement are not considered as marital property to be divided during the divorce. If you have any question about any divorce case then ask us we are try to give a proper solution about your problem.
Child support is considered as income, which means that it increases the net monthly income of the receiver. This may decrease the need for alimony for the person receiving spousal support. Generally, the alimony received is decreased as the custodial parent receives more child support.
Other hand, child support increases the monthly expenses of the payer. That may decrease the person’s ability to pay alimony. Therefore, for the non-custodial parent, the alimony is reduced when he/she pays more child support. In a nutshell, child support almost always has a great impact on the alimony calculations.
The waiting period to file a petition in Pennsylvania for a unilateral no-fault divorce, where one of the partners wants to separate, is one year from the date of the marriage. However, if the couple wants to file for divorce before physically separating, then they are required to live apart and wait for a period of 2 years to file the petition.
In case of a mutual consent divorce, the couple is required to file an affidavit to affirm that they want to dissolve their marriage. In such cases, the waiting period is reduced to 90 days before the court finalizes the divorce agreement.
The Pennsylvania state does not approve of a 50/50 division of marital property, but divides the assets equitably. However, many factors are considered to what constitutes an equitable division in Pennsylvania. In some divorce cases, the court may rule a 50/50 distribution of marital property, while it could be a disproportionate division in others.
A divorce case does not necessarily have to be taken to court for the division of marital property. If the couple mutually agrees on how they want to divide their possessions, a fair negotiation can be made outside of court. The couple can then submit a written agreement to the court highlighting their settlement on the property distribution.
All kinds of legal cases can have a significant impact on your future. In the case of divorces, the decisions made by the court can greatly affect your financial state as well as your relationship with your children. It is seen that even no-fault divorces can involve complex procedures, which can be difficult to navigate on your own without much knowledge of the state laws. An experienced divorce attorney can always make the process go smoothly for you and reduce the stress arising from the separation. Besides, there are specific deadlines to follow and standard formats for filing the pleadings too. A divorce lawyer will be familiar with all such terms and stipulations, and will make sure that your petition is filed properly.