|
ANSWERS ABOUT DIVORCE & SEPARATIONWhat are the grounds for divorce in Pennsylvania? What if I don’t want a Divorce? How long does it take to get a Divorce? What is a Legal Separation? Can I change the locks on my home to keep my spouse out? What if my spouse hits me? Should a Settlement Agreement be in Writing? What is Marital Property? Can a Judge divide Household Goods and Furniture? What about bank accounts? Can I make my spouse pay for the Divorce? Should I get an Attorney if I’m served with a Complaint? What is Support? and How do I get it? What is alimony? and How do I get it? This material is intended to be a general statement of divorce law in Pennsylvania and is not a detailed guide. Be sure to consult with an attorney if you have specific questions about divorce and separation. What are the grounds for divorce in Pennsylvania? While there are a number of grounds for divorce in Pennsylvania, nearly all cases are consensual "no-fault" or ones in which the spouses have been separated longer than two (2) years. Among the other grounds are adultery, bigamy, desertion and conviction of various crimes. Annulments are very rare and hardly any attorney does them. What if I don’t want a Divorce? Talk to a lawyer and find out how to delay entry of the Decree. Theoretically you can make your spouse go to three counseling sessions to try to save the marriage; as a practical matter the counseling is a waste of time unless your spouse really wants help. How long does it take to get a Divorce? Theoretically, as little as forty (40) days if the spouses have been separated longer than two (2) years, and as little as ninety (90) days on no-fault grounds. As a practical matter, even if everything goes very smoothly, it will take at a minimum several days longer. In Pennsylvania any separation is a "legal separation." Separation just means you and your spouse are not living under the same roof anymore. Can I change the locks on my home to keep my spouse out? Sure. But if the house is in both names, your spouse owns the house as much as you do, and has the right to come and go. It is entirely legal for your spouse to break in and get into your house. Moreover, there are various legal remedies your spouse can take to regain the house and perhaps exclude you. Call the police. It is often possible to get what is called a "Protection from Abuse" Order to get your spouse thrown out of the house. Should a Settlement Agreement be in writing? As a general matter, all settlement agreements should be in writing. As a practical matter, you and your spouse may be able to divide up all property at the time of separation. This can often be done if you and your spouse have very little property. A settlement agreement can:
A settlement agreement can be very complex and can cost plenty of money. The Divorce Code provides that virtually all property you and your wife acquire during the course of your marriage is marital property, subject to division by a Judge. Generally, however, gifts, inheritances and premarital property remaining in one spouse’s name are not marital property. This is a very complex area of the law. Can a Judge divide household goods and furniture? Sure. It is marital property. However, it is a very poor idea to expect a Judge to spend a lot of time dividing up the "pots and pans." No matter how precious those items are to you, a Judge will likely regard battling over the pots and pans as a waste of time. They are subject to a Judge’s division just like all marital property. Determining, however, whether or not all or part of the bank proceeds is marital property can be difficult. Can I make my spouse pay for the Divorce? No . . . but a Judge can order your spouse to pay if your spouse is making significantly more money than you are. Should I get an Attorney if I’m served with a Complaint? Yes. The Complaint may ask for alimony, distribution of property or custody of minor children in addition to a divorce. All of those issues involve complexities that you should discuss with an attorney. What is Support? and How do I get it? Generally speaking, support is a periodic payment from the financially superior spouse to the needy spouse while the parties are married. It is different from alimony - since alimony is paid after the parties are divorced. Support can be arranged either:
Arrange for an appointment with my office and I can provide more
information specific to your circumstances. What is Alimony? and How do I get it? Alimony is a periodic payment from the financially superior spouse to the needy spouse after the parties are divorced. The question of eligibility and the amount of alimony and is a very complex field of the law and varies with each case. If it is determined that alimony is appropriate, it can be awarded by either:
For more detailed answers on these
|
|
|
