The vast majority of Bucks County Cases are not filed under the "fault" criteria for divorce. Real estate (primary residence and other property). What Happens After Your Divorce Case is Resolved and You Receive Your Divorce Decree? Supervised physical custody – Supervised physical custody is most often associated with a parent with a partial custody award. DISTRIBUTION PERCENTAGES. One spouse files a complaint for divorce, at which point the grounds for divorce also need to be identified. Under the "unilateral" no-fault ground, you acquire a divorce upon the request of either party. Liebmann Family Law - Prenuptial Attorney In Newtown PA. You and your spouse will have 20 days to decide if you accept the written recommendation of the Master. This hearing is more formal than a Masters Hearing, and will happen in a Courtroom before a Judge.
Bucks County Equitable Distribution & Property Division. Perhaps you should consider divorce mediation to reduce the tension and expense that accompanies more about the advantages of divorce mediation. It is important to factor in the responsibility of the debt when dividing assets. Pennsylvania enacted divorce reform legislation which became effective in July 1980, known as the 1980 Divorce Code, with some amendments since its release. Sole physical custody – Sole physical custody means that one parent has physical custody of the child or children. For mortgage loans, one option is for a spouse to refinance the mortgage. Top Bucks County Divorce Lawyers | Risk Free Consultation. If you are a client of Susan Levy Eisenberg, P. C., you will be copied on emails and otherwise kept in the loop throughout your case.
He and his spouse divorced in New Jersey an. Bucks county criminal defense attorney. A judge will finalize your divorce and issue an order with the details governing the split. What Are the Grounds for Fault Divorce in Pennsylvania? Because every divorce is unique, the process starts with a personalized consultation with one of our experienced divorce attorneys. Attorneys can provide clients with a Form of Inventory and a Checklist of Marital Property.
If both parties consent to the divorce, the parties' divorce decree is ready to be entered as soon as 90 days after service of the Divorce Complaint. All marital property is subject to equitable distribution in PA. All assets and debts are distributed equitably in Pennsylvania. Providing for children from a previous relationship.
If the parties reach an agreement, it will go on the record and a judge will sign off on it. One of the most significant reforms of the Divorce Code is the availability of "no-fault" divorces. Bucks county assistant district attorney. If a Divorce Compliant is filed, then it is presumed that this is the date the parties separated; however, based on the individual facts of the case, one of the parties may be able to prove to the Court (or the parties may agree) that they separated from their spouse earlier than when the Complaint was filed. An initial question in every case is what is the "non-marital property" (or separate property) excluded from equitable distribution. If the parties are unable to agree even after the master's recommendations, the matter will proceed to a Judge who will hold a formal hearing with evidence and witness testimony.
For example, if one spouse used marital assets to pay for items while engaging in infidelity, the harmed spouse may receive a larger portion of the marital estate to make up for the loss. Pennsylvania Divorce Filing Options. Bucks county asset division attorney at law. What is Shared Custody? If an agreement is not reached in front of the hearing officer, the hearing officer will prepare a written recommendation. The court will use a set of factors for considering the appropriateness of alimony. THE RELATIONSHIP WITH YOUR SPOUSE. A divorce lawyer can determine if you meet this requirement.
Any pensions, 401(k) plans, restricted stock plans, stock options, deferred compensations and other retirement incentives acquired during the marriage are also deemed marital property and subject to equitable distribution. 4 Steps to Take Immediately After Getting Served With Divorce Papers. Marital property also includes the increase in value of non-marital property up to the date of separation. But counseling owns a limited impact on divorce litigation. When dealing with the stress of an impending divorce, you may feel completely turned around. Alimony (if applicable). So, let's say one spouse has a retirement account with a value of $100, 000. If the date of separation is challenged, the court may schedule a hearing to resolve that specific matter. If a situation exists involving abuse or threats of abuse to you or your children, you should inform your divorce lawyer. Age, health and income of each party. In or out of court, you need legal counsel to ensure that you get your fair share of marital property and that the distribution makes financial sense for you as you move forward with your life. Bucks County Equitable Distribution Lawyer. How do you pay child support in PA?
If the parties agree, they can establish the amount of support with or without a written agreement. All rights reserved. Personal Injury Settlements. Sometimes it is necessary to bring in outside experts for complex or high-asset divorce. 00 is considered marital property since the entire portion was earned or acquired during the marriage. A court does not typically consider things like adultery or drug and alcohol abuse when distributing marital property.
Higher-earning spouses do not necessarily get more property. Under the "mutual consent" no-fault ground, you may obtain a divorce after a ninety-day waiting period following the service of the divorce. Call Kardos, Rickles & Hand. Marital property refers to almost all property that either spouse acquires during the marriage, regardless of in whose name the asset is titled. Liabilities (and debts) of each spouse. 00 upon the parties' separation, only $50, 000. However, to avoid penalties for tax underpayments, the recipient spouse should make quarterly estimated tax payments to the Internal Revenue Service.
We can also bring in experts to evaluate cash businesses in which there are few written records. If the divorcing spouses have similar incomes from their jobs and the marital assets include a home and modest retirement accounts, the courts will often order a 50/50 division. Real estate is valued using websites such as Zillow or through certified real estate appraisers. More times than not, the payor-spouse has their wages attached for the support order amount. After one year passes from that date of separation, one party files a paper with the Court known as a "Separation Affidavit", which states that the parties have now been separated for a year. Primary and vacation residences. A divorce lawyer can fill you in the Code to clarify alimony concerns. If something like this comes up in your case, the Court can take action by entering any order it deems appropriate to protect the assets of the marriage from "disappearing" before the Court can distribute those assets between the parties. Both parties must consent in writing. Under certain circumstances, for example, it may be necessary or even desirable. Divorce Guidance Table of Contents. Shared legal custody – In a shared legal custody situation, both parents share the responsibility to make important legal decisions for the child. We will be able to discuss the process in greater detail, as it pertains specifically to your case, when you contact Sadek & Cooper Law Offices for your free legal consultation.
What are the advantages and disadvantages of bifurcation from a divorce guidance standpoint? Uncontested Divorce. Non-Marital Assets |Separate Property. For this reason, you must review your will, power of attorney, and living will as soon as a divorce action begins. Our attorneys have extensive knowledge of the court system and various financial matters critical to obtaining an equitable and balanced distribution of marital assets and liabilities.
Pennsylvania permits post-divorce alimony. In some circumstances, it allows a court to award alimony to a former dependent spouse. We can help make the division of assets go as smoothly as possible so that each person is provided for fairly; resulting in a marital settlement agreement with equitable property distribution. However, without a pending divorce, such exclusion of one spouse entitles the excluded spouse to sell and divide all jointly-owned property equally. It depends on who gives and receives the gifts. Separation and Divorce Attorneys in Quakertown, Allentown and Doylestown. As family law lawyers, we are further qualified to assist divorcing spouses with important related matters such as alimony, child custody, child support disputes, and the interpretation of prenuptial and postnuptial agreements.
The other side will also prepare a similar document. This divorce option is ideal for couples who agree on many of the issues they face with the dissolution of their marriage.
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