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Divorce/Property Distribution
Divorce and associated issues in Pennsylvania are governed by the Pennsylvania Divorce Code of 1980, 23 Pa.C.S.A. ß 3101 et.seq. (as amended). In Pennsylvania, the completion of a divorce can take as little time as approximately two months and as long as two plus years, depending on the associated issues of each case. Some of the factors that come into play in determining how long a divorce can take are how long spouses have been separated, whether spouses both agree to a divorce, agree to a distribution of assets/debt and agree on the issue of alimony.
The Divorce Code allows for both fault and no-fault divorces. Although “fault” divorces are still on the books, such divorces are not often currently used for multiple reasons. However, there are circumstances where the pursuit of a “fault” divorce is still appropriate and in a spouses best interest.
In regard to property distribution incident to a divorce, Pennsylvania is an “equitable distribution” state/commonwealth, meaning at a starting point the marital estate is split equally in half. The equal split of the marital estate can deviate up or down for each spouse based upon multiple factors but at a starting point each spouse has a right to half the assets within the marital estate and an obligation to pay half of any debt within the marital estate. The “marital estate” for divorce purposes generally (there are exceptions) consists of all assets and debt (regardless of title) accumulated from the date of marriage to the date of final separation. The “date of final separation” is often the date spouses physically separate but under the eyes of the law spouses can reach the “date of final separation” while residing under the same roof upon the cessation of acting as husband and wife.
For a more in depth explanation of the Pennsylvania divorce laws, your rights, options and possible consequences, please contact our office to schedule a free initial consultation.
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Did You Know?
A person obligated to pay child support can have their driver’s license suspended for not paying the support on time.
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