You should immediately become familiar with your family’s financial situation. This will be important in terms of working out issues of alimony, child support and equitably dividing the marital property. A detailed account of your family’s finances will help you and your divorce attorney prepare for these matters.
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 · 401(k) and IRA and Divorce in Pennsylvania. Your divorce will likely impact your retirement savings. The court considers any money put into or earned from a retirement or pension plan during the marriage as a marital asset.. Let’s say you have a 401(k) plan.Any money that you put into the account before you got married is considered a separate asset and is not …
 · What are the Grounds for Divorce in Pennsylvania? To obtain a divorce in Pennsylvania, at least one of the parties must have resided in the state for six months before divorce procedures begin. Spouses may agree to a mutual divorce, or may present a fault divorce to the court. Grounds For Divorce In Pennsylvania Include: Adultery
Do not say derogatory or mean things to your children about your spouse. Do not ignore the children throughout the process. Do not fight for custody of the children out of spite. Do communicate with your children. Be there for them. They will have a lot of questions and they might be confused and worried.
Pennsylvania has enacted residency requirements for couples seeking divorce. Specifically, one or both spouses must have lived in Pennsylvania for at least six months before filing for divorce. Additionally, any divorce paperwork must be filed in the Pennsylvania county where one or both spouses reside. However, if the non-filing spouse lives ...
If divorce is looming, here are six ways to protect yourself financially.Identify all of your assets and clarify what's yours. Identify your assets. ... Get copies of all your financial statements. Make copies. ... Secure some liquid assets. Go to the bank. ... Know your state's laws. ... Build a team. ... Decide what you want — and need.
Protecting Your Money in a DivorceHire an experienced divorce attorney. Ideally, this person will emphasize mediation or collaborative divorce over litigation. ... Open accounts in your name only. ... Sort out mortgage and rent payments. ... Be prepared to share retirement accounts.
What financial information should I provide to my advisor?Checking and savings accounts.Credit cards.Mortgage.Loans or other line of credit.Up-to-date pay stub.Other income statements.Company stock options.Investment income and taxable dividends statements.More items...
Possessions, money, financial assets, and debt acquired during (and sometimes before) marriage are divided between former spouses. In fact, divorcing individuals need a more than 30% increase in income, on average, to maintain the same standard of living they had prior to their divorce.
Can You Empty Your Bank Account Before Divorce? However, doing so just before or during a divorce is going to have consequences because the contents of that account will almost certainly be considered marital property. That means it will be an equitable division in the divorce settlement.
Contributions of one spouse to the other's education. Future earning capability of each spouse. Income of both parties, including medical insurance and retirement benefits. Contribution of each spouse to the marriage, including income and homemaking.
Not only will a divorce financial advisor help you to better understand your current situations and how you will be impacted post-divorce, they will be able to bring added perspective in helping you evaluate various possible settlement proposals.
Whenever possible, make a good faith attempt to work things out, and always weigh the consequences of your actions.If you have children, consider staying in the family home. ... Don't allow your spouse to take the children and leave. ... Get an attorney. ... Safeguard personal papers and make copies of important records.More items...
5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.
menBoth ex-spouses take a loss, but typically, men suffer a larger hit to their standard of living than women — between 10 and 40% — due to alimony and child support responsibilities, the need for a separate place to live, an extra set of household furniture and other expenses.
Is my spouse entitled to half my savings? As stated, all savings must be disclosed and considered when reaching a financial settlement with your former spouse or civil partner as they are regarded as a matrimonial asset.
Easier budgeting and greater control over money. Early access to a retirement fund, penalty-free. Potentially better investment returns. More college financial aid for the kids.
Yes. One or both spouses must have lived in Pennsylvania for at least six months before filing for divorce. And, the spouse that files for divorce...
When filing for divorce, you must identify the reasons you want to end your marriage, or the grounds for your divorce. Pennsylvania allows couples...
Pennsylvania courts divide property “equitably” (fairly) without regard to marital misconduct or any of the fault factors listed above. Instead, co...
If you file for a no-fault divorce, and both spouses consent to the divorce and file affidavits (written declarations) showing their consent, there...
Here are some of the important legal questions and major issues you should know about that come up during a divorce in Pennsylvania: Property Issues . Alimony and Child Support.
By law, according to Pennsylvania Consolidated Statutes, when awarding property in a divorce a court must consider the following factors: 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;
However, if a spouse can’t make payments or refuses to pay, the nonpayment of the debt will affect both spouse’s credit scores.
In Pennsylvania, any debts acquired during a marriage are the responsibility of both parties, even if it is only one party that was responsible for accruing the debt.
the standard of living of the parties established during the marriage. the economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective. whether the party will be serving as the custodian of any dependent minor children.
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;
Pennsylvania is both a no-fault and a fault-based state. A couple can simply cite that a marriage is irretrievably broken, or a spouse can also cite one of several at-fault reasons as well, such as cruelty, adultery, or a spouse’s incarceration, among others.
In Pennsylvania, simple divorce cases begin when one party files a “Complaint.”. This process begins when the complainant to fill out two forms: Notice to Defend and Claim Rights. Verification. If the complainant does not have funds to pay for a divorce, Pennsylvania may opt to waive filing fees.
To obtain a divorce in Pennsylvania, at least one of the parties must have resided in the state for six months before divorce procedures begin. Spouses may agree to a mutual divorce, or may present a fault divorce to the court.
If the period of separation began on or after December 5 of 2016, both spouses must live separate and apart for a period of one year before filing the divorce complaint.
In both cases, the court must also be provided with a proposed Divorce Decree (also called Form 13). Self-addressed, stamped envelopes must be provided for each spouse. The court will use these envelopes to mail each party a copy of the finalized divorce decree.
If both parties sign the Waiver of Notice form, then either spouse has the option of immediately filing a Praecipe to Transmit Record, and the file will be sent to a judge for completion.
There is no waiting for a fault divorce, which should be obtained with the help of an attorney.
It is important to note that a 3301 (d) divorce may not be obtained against a spouse who is both unrepresented and in the military. For this reason, all 3301 (d) divorces in Pennsylvania must be accompanied by an Affidavit of Non-Military Service.
It is important to keep in mind that your behavior will be under scrutiny throughout the course of your divorce. Conduct yourself accordingly. Many people do not realize the importance of good etiquette until it is too late. Behaviors that are perceived as negative or harmful can be used against you in a divorce or child custody proceeding. Consider your actions in the following circumstances: 1 Social outings and your attitude toward friends, teachers, coaches, etc. 2 Drinking, excessive gambling or drugs. 3 Social media (e.g. Facebook, twitter). Be mindful of the impression you make on people. Do not post photos or comments that could be used as evidence against you. 4 Communicating with your spouse. Text messages and emails can be used as evidence. Do not say, text or email anything that you will later regret. Instead, consider keeping things cordial with your spouse. Most divorce, custody, and financial matters are resolved through negotiated settlements. Being amicable with your spouse will help facilitate a quicker settlement. 5 Your spending habits.
Do not say, text or email anything that you will later regret. Instead, consider keeping things cordial with your spouse. Most divorce, custody, and financial matters are resolved through negotiated settlements. Being amicable with your spouse will help facilitate a quicker settlement.
It is important to keep in mind that your behavior will be under scrutiny throughout the course of your divorce. Conduct yourself accordingly. Many people do not realize the importance of good etiquette until it is too late. Behaviors that are perceived as negative or harmful can be used against you in a divorce or child custody proceeding. Consider your actions in the following circumstances:
One of the toughest decisions divorcing couples face is determining their post-divorce living arrangements. You’ll need to decide which one of you will move out of the marital home, or if it is better to sell the home. This is an extremely important decision with many issues to consider. You and your divorce lawyer will want to discuss some of the following questions:
This will help your children cope with the situation. Stay focused on your children and their needs throughout this very stressful period of their lives. Both parents, with the help of their divorce attorneys, will need to develop a parenting plan for child custody and visitation rights.
The Martin Law Firm divorce lawyers routinely handle divorce, child custody and other family law matters in Montgomery County, Bucks County, and Philadelphia County. We know that divorce matters can be difficult, but we will work hard to provide you with the professional services that you need. We are committed to serving you. Please call us today to speak to a divorce lawyer and to schedule an initial meeting at our office in Blue Bell, Pennsylvania. Call (215) 646-3980.
Pennsylvania has enacted residency requirements for couples seeking divorce. Specifically, one or both spouses must have lived in Pennsylvania for at least six months before filing for divorce. Additionally, any divorce paperwork must be filed in the Pennsylvania county where one or both spouses reside.
The innocent spouse must prove that the other spouse caused the divorce. Pennsylvania recognizes several fault-based divorce grounds, including: adultery.
extreme cruelty, including domestic violence. bigamy (your spouse married you without divorcing his or her first spouse), and. felony conviction resulting in imprisonment for two or more years. Fault-based divorces are usually more expensive and time-consuming that no-fault ones.
the spouses' earning capacities (ability to earn income based on education, skills, job history, and local employment opportunities)
No-Fault Divorces. A no-fault divorce is based on a couple's "irreconcilable differences" or an "irretrievable breakdown of the marriage. In simple terms, this means that you and your spouse can't get along and your marriage has no hope of being repaired.
However, if the non-filing spouse lives in a different county than where the couple lived together while married, the divorce can also be filed in one of the following counties: county where the couple resided while married, if the filing spouse has lived there continuously since the separation.
county where the couple resided while married, if the filing spouse has lived there continuously since the separation
In many cases, divorce may be the single largest financial transaction you make in your lifetime. It’s important to dedicate the time and attention this process demands. At the beginning of a divorce, it’s important to gather and organize information about assets, liabilities, retirement benefits, and insurance policies.
It’s also important to determine which assets are considered marital and which are separate. Separate assets, such as inheritances and investments prior to marriage, may not be subject to division, depending on how they were managed during the marriage.
By reviewing your tax return, a financial advisor could discover undeclared assets (e.g., rental properties) or opportunities (e.g., capital loss carryforwards).
No matter how you decide to move forward, working with a financial advisor will likely benefit you. If you decide to file for divorce, you can hand your lawyer an organized and detailed summary of your finances.
What are the residency requirements to file for divorce in Pennsylvania? You and/or your spouse must have lived in Pennsylvania for at least six months immediately prior to filing for divorce. 1. 1 23 Pa.C.S.A. § 3104 (b) Did you find this information helpful? Yes.
Your spouse must have been in a mental institution for at least 18 months prior to filing for divorce, and there must be no reasonable belief that your spouse will be discharged in the 18 months after you file for divorce. Under these circumstances, a divorce can be granted without a court hearing. 2.
What are the basic steps for filing for divorce? While divorce laws vary by state, here are the basic steps: First, you must meet the residency requirements of the state. Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
The standard of living established during the marriage; The relative education of you and your spouse and the time it may take the spouse seeking alimony to get education or training to find employment; The assets and liabilities of you and your spouse; The property brought to the marriage by you and your spouse;
If s/he denies either, the judge may still grant a divorce if s/ he decides, following a hearing at which your spouse has the opportunity to tell his/her side, that the marriage is irretrievably broken and that you and your spouse have lived apart for one year.
Under these circumstances, a divorce can be granted without a court hearing; Irretrievable breakdown (the marriage cannot be fixed) - you and your spouse have lived apart for a period of at least one year, and you file a complaint saying that the marriage is irretrievably broken (unfixable).
No-fault grounds for divorce. By claiming the following reasons for divorce, you are claiming that the divorce is not your spouse’s fault: Mutual consent - you and your spouse agree that the marriage is irretrievably broken (cannot be fixed). Each spouse must file an affidavit stating that s/he consents to the divorce; however, ...
It depends. In Pennsylvania, a simple, one-count divorce with no ancillary issues will still take a minimum of three months to finalize. More complex cases will obviously take even longer.
In Pennsylvania, divorce is divided into two categories: “fault” and “no fault.” A divorce on fault grounds requires that the plaintiff prove that he or she is the innocent and injured spouse and that the other spouse is guilty of one of six categories of marital misconduct: adultery, desertion, cruel and barbarous treatment, bigamy, imprisonment for a crime, and indignities.
The commonwealth of Pennsylvania does not recognize “common law” marriages entered into after Jan. 2, 2005.
No. In Pennsylvania these issues are trifurcated and may be dealt with at different times.
Can I get an annulment in Pennsylvania? Yes. In Pennsylvania, annulment is the manner in which invalid marriages are terminated. A marriage is invalid, for instance, if either party was incapable of consenting to marriage by reason of insanity, or if either party was, at the time of the purported marriage, validly married to another person.
In Pennsylvania, maintenance is available to the financially dependent spouse at different stages of the divorce proceedings. Prior to the divorce being filed it is termed “spousal support.”. After filing and during divorce proceedings, support is termed “alimony pendente lite,” a Latin phrase meaning “alimony pending litigation.”.
Although a non-attorney could theoretically handle their own divorce, it is usually best to let a licensed professional handle the matter. Domestic litigation and Pennsylvania divorce laws are rife with legal nuances that, if unknown or not understood, could put a non-attorney at a disadvantage when handling their own case.
Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Pennsylvania, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds.
For any married couple in Pennsylvania, divorce will sever the marital relationship, and divide assets and debts. If one party will be unable to be self-supporting after the divorce, the issue of alimony may arise. If there are minor children, the issues of child custody and support must be resolved. Same Sex Divorce.
each party’s sources of income, including medical, retirement, or other benefits, any expectancies and inheritances of the parties, the duration of the marriage, any party’s contribution to the education or increased earning power of the other, how a custodial party’s financial situation will be affected,
the standard of living established during the marriage, each party’s economic circumstances when the property division becomes effective, the tax ramifications associated with each asset to be divided, the expense of sale, transfer or liquidation associated with a particular asset, and.
You begin the procedure by filing a Complaint in Divorce, along with various supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce.
the plaintiff resides, if you are not separated for 6 months and the defendant agrees, or where either party resides if neither live in the county where you lived together, or. where either party resides, if you have been separated for at least 6 months.
Residency and Where to File. In order to file for divorce in Pennsylvania, either you or your spouse must be a Pennsylvania resident for at least 6 months. You may file in the Court of Common Pleas in the county where: the defendant resides, the plaintiff resides, if the defendant is not a Pennsylvania resident,
You must meet the following requirements to file a mutual consent divorce in Pennsylvania: your marriage must be irretrievably broken. you and your spouse must agree to the divorce. you and your spouse must sign an affidavit consenting to the divorce, and.
Finalize the Divorce. Once you file all the documents, the clerk will forward your case to the judge for review. After the judge signs the Final Decree of Divorce, the clerk's office will send you and your spouse certified copies, and your divorce will be official. Talk to a Lawyer.
Once you file all the documents, the clerk will forward your case to the judge for review. After the judge signs the Final Decree of Divorce, the clerk's office will send you and your spouse certified copies, and your divorce will be official.
Ninety days after the date you filed the divorce papers, you may sign the Affidavit of Consent (written declaration) stating that you and your spouse agree to the divorce (23 Pa. Const. Stat. Ann § 3301 (d).). You will sign one, and you will mail one to your spouse to sign.
You must also pay filing fees when you file your divorce papers. If your income is below a certain level, you may be able to file with no charge. If you think you may qualify for this, you must file a form called an In Forma Pauperis petition—which you can find at the clerk's office.
A mutual consent divorce is a faster divorce process than traditional divorce—you can get divorced in three to four months, rather than the standard two or more years. However, to take advantage of a mutual consent divorce, both spouses must agree to the divorce and sign papers stating that each is in agreement.
Divorcing couples can seek a "mutual consent divorce," meaning both spouses consent to the divorce and agree on all of their divorce-related issues. A mutual consent divorce is much easier and shorter than a traditional divorce.