Pennsylvania law permits a party to resume their prior surname during the pendency of a divorce or after a divorce decree is entered. To resume any prior surname that a spouse had prior to the marriage, the party must file a notice with the Court where the divorce action is filed. The notice must indicate […]
HOW WILL MY BUSINESS BE TREATED IN MY DIVORCE CASE?
If a party owes or co-owns a family business, there can be very unique challenges to deal with in a divorce case. A Pennsylvania Court is authorized to divide the value of a business in a divorce case. Therefore it is important to carefully consider whether you will acquire a business valuation to determine the […]
SHOULD I CONSIDER A VOCATIONAL EVALUATION?
A vocational evaluation is completed by a skilled professional who analyzes one’s work and earnings history, education and life experiences to determine earning capacity and ability to work. The evaluator may performs a current labor market search of all the available jobs that one qualify for, complete with contact information, salary information and training requirements. […]
DIVIDING STUDENT LOAN DEBTS IN DIVORCE CASES
If you are involved in a divorce and one spouse has student loan debt acquired during the marriage, you may be curious about how a divorce court will deal with distributing the debt. If the student loan debt was acquired during the marriage it is considered marital debt. Marital debt is ordinarily divided between the […]
VALUATION OF REAL ESTATE IN DIVORCE
Does your divorce involve real estate and rental properties? If so, here are some important points to consider if these assets exist in your divorce case: Obtain clear current copies of your deeds and leases. Provide your divorce attorney with clear current copies of your deeds, leases, and other legal documents to identify the real […]
HIGH NET WORTH DIVORCES
High asset divorce requires the experience of a trusted divorce attorney who knows how to handle the complex issues that can arise in these cases. If your marital assets include real estate, including condominiums, vacation homes, mobile homes, time shares, and other important holdings such as businesses, stock options, stocks, mutual funds, money market accounts, […]
HOW COLLEGE SAVINGS ACCOUNTS ARE DEALT WITH IN DIVORCE PROCEEDINGS
Pennsylvania law does not require divorced or separated parents to contribute to their children’s post-secondary educational expenses. However, parents can agree to pay these expenses in a written divorce settlement agreement. Part of the divorce agreement can be how to treat college savings and custodial accounts established for the children. There are various ways that […]
DIVISION OF MILITARY RETIRED PAY IN PENNSYLVANIA DIVORCE CASES
State divorce courts are authorized to divide and distribute military non-disability retired pay. Pennsylvania treats military retired pay as marital property. The federal Uniformed Services Former Spouses’ Protection Act authorizes courts to award up to 50% of the disposable retired pay of a military spouse, provided that the parties were married for at least ten […]
WHAT HAPPENS TO MY ENGAGEMENT RING IN A PENNSYLVANIA DIVORCE CASE?
Pennsylvania divorce courts have statutory authority to divide all marital property, which includes all property acquired from the date of the marriage through the date of separation, unless an exception applies. One exception is that property acquired by gift is not considered marital property and thus is not subject to equitable distribution by a divorce […]
HOW ARE MY SPOUSES’ MONTHLY DISABILITY INSURANCE PAYMENTS TREATED IN DIVORCE?
Generally, marital property is “all property acquired by either party during the marriage.” 23 Pa. C.S. § 3501(a). The law recognizes several classifications of property that are not considered marital property. For example, “any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to […]
CONSIDERING YOUR SPECIAL NEEDS CHILD IN YOUR DIVORCE CASE
Are you a parent with a special needs child? Are you and your spouse or partner separating? Parents of children with special needs face unique challenges when separating or divorcing. Divorce can be a time of stress for a lot of parents. When a special needs child is involved the conflict can be even more […]
COHABITATION IS A BAR TO ALIMONY
Pennsylvania law precludes an award of alimony if a party is cohabitating with a member of the opposite sex or gender who is not a member of the family of the petitioner within the degrees of consanguinity. But what constitutes “cohabitation?” Cohabitation is determined by the specific circumstances in the case. The Pennsylvania Superior Court […]
CAN I DATE DURING MY DIVORCE?
Inevitably, most people will want to date at some point following separation from their spouse. The following three points should be explored before you start dating: How will dating effect your children outside the courtroom? Parents should be sensitive to how their children are feeling during the divorce process. It is difficult for many children […]
CAN A THERAPIST HELP ME DURING MY DIVORCE?
Divorce is a life-changing event similar to the death of a loved one. Talking with a therapist to seek support during this challenging time can be very helpful. Your friends and family members may try to be supportive during your divorce, but they may not know the right things to say or do to help […]
BEWARE OF COMMINGLING INHERITED PROPERTY
Inherited property, which is property acquired by bequest, devise, or descent, or property acquired in exchange for such property, is nonmarital property and not subject to equitable distribution between in a Pennsylvania divorce. However, if a spouse commingles inherited property with martial funds which are not held separately from marital assets, the inherited property looses […]
WILL I GET ALIMONY IF MY SPOUSE CHEATED ON ME?
Alimony is a payment by a former spouse following divorce made to meet the needs of the other former spouse who is unable to support himself or herself through appropriate employment. Alimony is based upon the reasonable needs of a former spouse in accordance with the lifestyle and standard of living established by the parties […]
4 TIPS FOR MANAGING EXPECTATIONS IN YOUR DIVORCE CASE
If you are going through a divorce or thinking about a divorce, it is very important that you have realistic expectations of how your divorce case will proceed. Otherwise you may become frustrated with the divorce process and disappointed with your attorney. Most divorce litigants are frustrated with the process because they have unrealistic expectations […]
ALIMONY, APL OR SPOUSAL SUPPORT
Alimony, Alimony Pendent Lite (“APL) and spousal support are words uttered when the topic of divorce is broached. All three have the same purpose – to support the dependent spouse. Support is the care, maintenance and financial assistance of one spouse to another. “Married individuals are required to support each other according to their respective […]
SHOULD I GET A PRENUP?
The wedding day is approaching, and the couple allocated a year preparing every detail to ensure this important day is perfect. Contracts were reviewed for the photographer, caterer, and DJ. Hours were dedicated to finding the perfect dress, cake and flowers. Money was exhausted on the elaborate honeymoon. The last thing any couple wants is […]
I WANT TO FILE A NO FAULT DIVORCE, WHAT DO I DO?
The first step is to file a divorce complaint. For a no-fault divorce, the plaintiff should file under sections 3301(c) and 3301(d) of the Divorce Code. Section 3301(c) is mutual consent no-fault divorce, which means both parties agree to the divorce. Section 3301(d) can be used to obtain a no-fault divorce when opposing party does […]