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Identifying Separate and Marital Property. Division of Property Attorney MaryBeth McCabe, Doylestown, Bucks County, Montgomery County, PA. Attorney MaryBeth McCabe represents clients needing help with division of Marital property. Unfortunately, very often, marriages break down. Our team works with clients throughout the area, including Bucks County, Montgomery County and Lehigh County, with convenient offices in Quakertown, Allentown (near Fogelsville) and Doylestown. If grounds for divorce are established, and one party dies, even without a bifurcated divorce, the case continues. Instead, they remain consistent with the lifestyle you enjoyed before the breakdown of the marriage.
If exceptions are filed, the parties will have a hearing before a judge. Pennsylvania enacted divorce reform legislation which became effective in July 1980, known as the 1980 Divorce Code, with some amendments since its release. For example, this declaration results from filing a petition or complaint about spousal support or alimony pendente lite (i. e., interim support pending the litigation). If an agreement is not reached in front of the hearing officer, the hearing officer will prepare a written recommendation. When making its determination, the court considers, among other factors, the income of both parents and the unique needs of the child. Consequently, the benefit of knowing the alimony commitment outweighs the risk of seeking change later. Social Security Benefits. After the court has considered the factors listed above and all other relevant factors contained in Section 5328 of Pennsylvania's family law statutes, it must make a custody award. If you have been served with divorce papers, or are thinking about filing for divorce in Bucks County, call Sadek & Cooper Law Offices at (215) 814-0395 for a free legal consultation. In situations in which our clients own a business in common we bring in forensic accountants to evaluate the value of that business. Joint Expenses and Debt.
For example, if one spouse has a hefty 401k and the other spouse has been a homemaker for several years, the homemaker spouse may still be able to get some of the value of that retirement account, or their equitable share from other assets. Divorce looks different for everyone, depending on their circumstances. If the parties dispute the date of separation, the court determines at what point there was public awareness of the parties' separation. Although fault divorces may be provable in many cases, the reasons for the marital breakdown remain unclear, with no single party at fault. A divorce attorney typically can be an objective party. The legal issues associated with family law are often very stressful and highly personal. Pennsylvania law determines the division of property based on what's equitable, not equal. Some of the most cited reasons include infidelity, hidden credit card or gambling debt, or an unequal division property agreed to in a prenuptial agreement. If the parties are not in agreement about the divorce, the parties' divorce decree is ready to be entered until 1 year after the spouses' separation. The parties and their attorneys are present at the Conciliation Conference, but children are not permitted. In a Bucks County divorce, it is important for the represented spouse to fight for their appropriate share of the assets and to not be coerced into accepting less than they are entitled to. A decline in the value of a non-marital asset may offset the increase of other non-marital asset values. Since the Property/Marital Settlement Agreement is final and binding, all terms should be considered and negotiated carefully by an experienced attorney.
If a spouse chooses to use non-marital funds for a common purchase — such as buying a home — that money will often be considered marital property. Equitable Distribution in Pennsylvania. If you and your spouse do not reach an agreement with the Master, then the Master will prepare a written recommendation, which he/she will send to your attorneys. After your date of marriage and before your final date of separation, you can obtain a simple "no-property" divorce in Bucks County, Pennsylvania. Whether you and your ex are generally amicable or have a high net worth divorce with many complex financial issues to resolve, we are fully qualified to negotiate with opposing counsel, including cases involving hidden assets, existing prenuptial, and other complications. Courts address each case based on its unique facts. Marital property generally includes the property that either spouse acquires during the marriage or acquires with funds earned during the marriage. For this reason, our divorce lawyers steer our clients away from changing locks and excluding the other spouse.
Other requests you may include in the initial Divorce Complaint would be a request to award alimony in Bucks County, PA if you are the lower earning spouse, or a request for child custody in Bucks County, PA, to decide the best custody arrangement for your children. DISTRIBUTION PERCENTAGES. Impacts of Equitable Distribution. What are the advantages and disadvantages of bifurcation from a divorce guidance standpoint? Separate property may have been acquired before marriage or after legal separation. Sole legal cu stody – When sole legal custody is ordered, only one parent has the ability to make important decisions for the child in the "Child's best interests. From simple to complex, amicable to contentious, our Bucks County divorce attorneys have effectively handled all types of divorce matters. The court will use a set of factors for considering the appropriateness of alimony. Finally, in the unlikely event that your spouse is not complying with any part of the agreement, you always can return to Court to enforce your rights under the agreement or decree, and possibly receive an award of attorney's fees to do so. Will I Get More Marital Property if My Spouse Cheated on Me?
However, both assets and debts must be split between spouses, and both tangible and intangible items must be distributed from the marital estate. Such actions that are grounds for divorce in Pennsylvania include: - Spousal abandonment of at least one year or more. All actions for child support, spousal support, and alimony pendente lite in Bucks County start with the filing of either a Bucks County Support Complaint or a formal motion to modify an already existing support order. What determines the amount of spousal support? We help our clients to locate hidden assets and income which a spouse may possess and attempt to preserve for themselves. The grounds for divorce must be granted.
Depending on numerous factors — duration of the marriage, relationship of the divorcing couple, and whether or not there are children involved — a Pennsylvania divorce proceeding can take many different paths. The Complaint in Divorce would have only asked the Court to divorce the parties once the "Grounds for Divorce" were established under the criteria discussed above. Contact Our Law Firm. Because of these main two reasons, almost all Bucks County Divorces will follow the no-fault procedures of either Consent or 1 Year Separation. However, if a third party gives a gift to one spouse, that may be regarded as separate property. Following the breakdown of a marriage, numerous problems arise concerning credit and the use of credit cards. The court procedures vary from county to county. We have law offices in Doylestown and Norristown, PA, plus an additional office in Cherry Hill, NJ. It forwards payments to the recipient-spouse. Benefits of Working with Bucks County Divorce Lawyers. Does My Spouse Need a Divorce Lawyer? We have helped people in all income brackets. Mediation is sometimes posed as an option for contested divorces, but if it fails, a judge will make the final decisions regarding the division of assets, custody arrangements, etc.
The court's goal in equitable distribution is to put the parties in almost the same position that they were in during the marriage. When you decide to marry and have substantial assets, you can protect them through a pre-nuptial agreement. Courts and divorce lawyers encourage reconciliation efforts. At our firm we have helped hundreds of couples through the arduous process of equitable property division. Division of Retirement Accounts. The easiest way to prove separation while the parties remain in the same residence is for one party to file for divorce and have service made to the other. In Pennsylvania, the law allows non-marital or separate assets to be omitted from the equitable distribution process including any: However, if the value of any of the non-marital property increases during the marriage, the increase in value may be considered marital property. Please remember that Pennsylvania's divorce law remains in constant flux. And if you are looking for divorce lawyers near you in Bucks County, PA, or Montgomery County, PA, give us a call. 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. The distribution of property is often the largest determining factor in a person's final divorce settlement, which is why having an experienced Bucks County divorce attorney advocating for your legal interests is critical during this time. A family law attorney understands equitable distribution laws and applies them to your case.
There are a few different ways that spouses can decide how to divide their marital property. When you do file, you will choose between a no-fault and at-fault divorce. THE RELATIONSHIP WITH YOUR SPOUSE. If the parties are unable to reach an agreement after both the Conciliation Conference and the Custody Evaluation, the hearing will be scheduled before a Family Court Judge. And finally, one for the closely-held business interest owned by you or your spouse. With stated exceptions, both codified in the Divorce Code and further fleshed out by our appellate courts, property acquired during the marriage by the parties, without regard to its title ownership, becomes "marital property. " As such, that property is subject to "equitable distribution" upon the dissolution of the marriage. This is also sometimes referred to as 'full custody. Attorneys can provide clients with a Form of Inventory and a Checklist of Marital Property.