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Divorce Lawyer Joanne Kleiner

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Nov 12, 2017

Basics of Pennsylvania Divorce Property Division

 

Divorce Property Division Lawyer

Dividing the property an important consideration when a marriage ends. But before you or the courts decide how to divide the assets, you will need to determine the type and value any of the assets you acquired when you were married. Since property division will heavily influence your financial life after divorce, it’s worth talking things over with a lawyer and bringing a full list of your assets and liabilities that may be up for division.

Make sure that you understand your rights and responsibilities when doing so by hiring an experienced Pennsylvania divorce attorney to help walk you through the process and give you a better understanding of what is involved.

The first step you need to take involves the identification of property. You will need to create a list. Include everything because you can always remove items later. Your assets are tangible items including boats, homes, furniture, businesses, and collectibles. Furthermore, you might also wish to include intangible which include stock options, patents, bank accounts, retirement plans, copyrights, trusts and insurance policies.
You will need to then identify each the type of each asset. An asset will be classified as non-marital or marital.

The characterization of an asset plays a crucial role in diving and determining the value of the property in divorce. Marital assets in Pennsylvania include all assets acquired by either spouse during the marriage. Non-marital property includes assets either spouse had before the marriage, assets that are inherited or gifts, and those assets acquired after couple separated. The courts are authorized to distribute and divide marital property between the spouses in the divorce. Both spouses keep their separate property in the majority of cases.

The characterization of property is also impacted by when the couple separated. This is usually the date when the couple began to live separately. This means they do not present themselves as a couple. The spouses do not need to maintain separate households but it will be more challenging when settling the divorce case.

After you have identified the separation date, the next phase is to identify the dates that the assets were purchased. Property acquired before the marriage are considered separate property. If the spouse brought an item into the marriage, that item belongs to the spouse separately.

The next phase of this process is to identify what the assets are worth. This can be challenging as there are numerous different factors involved and you may wish to retain the services of a professional. Typically, courts will use the current assessment of the item at the time of the separation. The marital property could have another component that needs to be computed as it relates to comingled assets. You can deduct contributions from a separate party from current value and consider interest that could have accrued.
Divorcing couples will follow these steps to agree and decide how to split their property on their own but they might not be able to come to an agreement. This means it goes before a judge for consideration.
Courts in Pennsylvania consider numerous factors when deciding the division of the property, including each spouses’ needs, their vocational skills and job prospects, how long they were married, whether either spouse has been previously married, the spouse’s ability to obtain assets and earn income in the future, the standard of living enjoyed over the course of the marriage, and the amount and value of each spouse’s assets.
Courts do not consider marital misconduct in Pennsylvania but consulting with your experienced Pennsylvania divorce attorney can give you a better perspective on what is involved and how to best protect your interest

Oct 18, 2017

Uncontested Divorce in Pennsylvania

Uncontested Divorce Lawyer

Many people are interested in the smoothest possible management of their Pennsylvania divorce claim. This may mean that you initiate a claim for uncontested divorce. In a contested divorce, there may be one or multiple issues up for debate among the divorcing spouses.

You may not be able to come to terms about equitable distribution of the property or child custody. This is not uncommon as many people who are watching their marriage unravel are concerned about getting along with their spouse and may be unable to reach an amicable outcome. Pennsylvania law recently changed to allow for faster divorces for those people who have an uncontested marital dissolution.

In order to proceed with an uncontested divorce in Pennsylvania, you must be able to agree on all the terms with your spouse outside of court. This can mean significantly less time spent arguing and less money invested in your divorce overall. However, it is rare that you will be able to come to terms with your other spouse.

Different Types of PA Divorce

If you have been separated for a year or more and your date of separation happened on or beyond December 5th, 2016, you may be eligible to pursue a section 3301(d) divorce. You can also qualify for a section 3301(d) divorce if you have been separated for two years or more. In the event that neither of those two situations applies to you in your Pennsylvania divorce, you may still be eligible to receive a section 3301(c) divorce. The law requires a 90-day waiting period for all divorces under this umbrella.

A typical 3301 divorce may vary based on how soon you want the service to be completed. In a manner of weeks, you could have rush service completed but it could be up to 16 weeks for a typical divorce service. A 3301(c) divorce, however, may take several months with a rush divorce service and up to six months with a normal divorce service. If you have already tried to come to terms with your former spouse about the circumstances of ending your marriage and been unsuccessful at doing so, you are not alone.

Many people who are looking to dissolve their marriage and move on with their lives may try to work things out with their spouse in mediation or an informal settlement agreement. This may help move the ball forward if you and your spouse are able to come to terms on certain aspects of the divorce. But if you have a difficult spouse and one who will not agree to these terms willingly, you may need to consult with an experienced Pennsylvania divorce attorney who is knowledgeable about contested divorce.

Having someone in your corner from the outset of the divorce is strongly recommended in any case as you should be knowledgeable about ow long these processes typically take and what can be gained from speaking directly with a lawyer. When you know your rights and responsibilities at the outset of a divorce, you can make an informed decision about when and how to file. If you want to try to work thing out with your former spouse on your own, you are certainly entitled to do so but many people find themselves hitting a wall when it comes to agreeing on very contentious issues such as child custody. There is certainly nothing wrong with your or your case if you find yourself in this situation. Rather, you should prepare yourself to hire an experienced Pennsylvania divorce attorney who can walk you through each phase. Do not hesitate to get help when you are concerned about how your Pennsylvania divorce will be handled whether it is uncontested or contested. There are many different factors that can influence how long it will take for you to ultimately receive a divorce but the most important thing to consider is that having an attorney who is knowledgeable and caring about your individual situation can make a world of difference.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

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