what comes first divorce or settlement pa

Full Answer

How is property divided in a Pennsylvania divorce?

In a Pennsylvania divorce, the court divides marital property on an equitable basis. However, this does not necessarily mean that the court will evenly split property between the two spouses. Rather, the judge presiding over the case will split up the property in a way that he or she deems fair.

What is the plain truth about divorce in Pennsylvania?

The plain truth is that it was likely a complete waste of time, paper and additional legal fees. Under Pennsylvania law, if you have in your possession or titled to you alone everything that you and your spouse agreed that you should have and your spouse did as well, that agreement served absolutely no legal purpose.

Is a Pennsylvania divorce different in other states than Pennsylvania?

While that may be true in states other than Pennsylvania, it is not necessarily the case in a Pennsylvania divorce.

How do I file for divorce in Pennsylvania?

To file for divorce in Pennsylvania, one of the two spouses must have lived in the state for at least six months prior to filing. Additionally, the party must file for the divorce in the county where either spouse lives. Pennsylvania defines residency as physically living in a location and having the intention to stay there indefinitely.

What comes first divorce or settlement?

The answer is they should be going on at the same time. But it's often wise to delay finalising the divorce until the finances have been sorted out. Why? Because if your other half dies after the divorce but before you have a Court order confirming the financial settlement, you could lose out as their widow or widower.

Can you get divorced before financial settlement?

The most important thing to stress is that if you've already divorced without reaching a financial settlement, it's not too late. While it's usually advised you reach a financial settlement and get a financial order from court at the time of divorce, you can still do this after you're divorced.

Is it better to file for divorce first in PA?

When Both Individuals Live in Pennsylvania. If both you and your partner currently reside within the state, there is no true advantage to filing first. Even if you file first, the case will usually be held at the Court of Common Pleas in the defendant's county, or the county where you married, by default.

How long until a divorce is finalized PA?

The typical time for a 3301(c) Pennsylvania uncontested divorce, from the date of filing to the court granting a divorce decree is 3.5-4 months for PREMIUM service, 4-5 months for FAST service, and 5-6 months for NORMAL service. We do not control how long the court takes, so times are approximate.

How do courts decide financial settlement?

When making a financial settlement order, the court must consider not only each parties' current income, assets, and financial resources but their future earning capacity. The significance and weight given to income and earning capacity may vary depending on age and circumstances.

Does a husband have to support his wife during separation?

As the Family Law Act puts it: …a person has a responsibility to financially assist their spouse or former de-facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.

Is PA a 50/50 divorce state?

False. While some states (most famously, California) mandate a 50/50 distribution of marital property, Pennsylvania does not. Pennsylvania is an equitable distribution state.

Does Pa require separation before divorce?

According to the law, there is no required waiting period in Pennsylvania before you can file for a divorce. However, it is vital to establish a date of separation. A legal separation is determined by the date you and your spouse begin living separate and apart.

Who pays for divorce in PA?

Generally speaking, you're on your own for your legal fees. In certain cases wherein one party has a very good income and the other party is low or no income, it is possible to ask the Court to have the well-to-do party pay the other's legal fees.

Is dating during separation adultery in PA?

Is it okay to date when you're separated? It is okay, providing you do it right. If you start seeing someone else before you and your spouse decide to divorce or before you physically separate, it is considered adultery.

How long do you have to pay spousal support in PA?

While there's no easy answer, a good rule of thumb is 1 year of alimony for every 3 years of marriage. If you've been married for 15 years, a good rule of thumb to think is about probably 5 years of alimony.

Is PA a no-fault divorce state?

Pennsylvania is a no fault divorce state. There are two types of no-fault divorce processes in Pennsylvania: mutual consent and separation. A mutual consent divorce is available when both parties are willing to agree that the marriage is irretrievably broken and consent to the divorce.

Can I get a decree absolute without a financial settlement?

A financial settlement does not necessarily have to be in place for you to apply for a decree absolute. However, if you have not yet reached a financial agreement in your divorce, then it is advisable not to apply for the decree absolute because your entitlement to certain assets of the marriage could be affected.

How much of my 401k will my wife get in a divorce?

If you decide to get a divorce from your spouse, you can claim up to half of their 401(k) savings. Similarly, your spouse can also get half of your 401(k) savings if you divorce. Usually, you can get half of your spouse's 401(k) assets regardless of the duration of your marriage.

What happens when you divorce and you own a home together?

Upon divorce, you are on your own. In a scenario where the property is registered in the joint names of a married couple and both are also co-borrowers, the court will decide the contribution made by each party and divide the asset accordingly. Both parties would be responsible to pay the loan, though.

How long does a financial settlement take?

This process normally takes between 6 and 8 months from start to finish, as court lead times are currently longer than they used to be. However, if you are not in agreement, and particularly if your spouse is not willing to disclose their financial position, then it can take much longer; up to 12 to 18 months or more.

How long do you have to live in Pennsylvania to file for divorce?

Eligibility. To file for divorce in Pennsylvania, one of the two spouses must have lived in the state for at least six months prior to filing. Additionally, the party must file for the divorce in the county where either spouse lives.

How long do you have to wait to get divorced?

If both spouses agree that they want a divorce, they can file a complaint and then simply wait 90 days to finalize their divorce. Both spouses must write a statement saying that the marriage is irretrievably broken. Then, they can proceed with a no-fault divorce. If the two parties have lived apart for two years, it’s only necessary for one spouse to go through that process.

How long does a spouse have to be in a mental institution to get divorced?

The following are grounds for a no-fault divorce: Insanity or a mental disorder that leaves one spouse confined to a mental institution for at least 18 months, with no reasonable chance that the spouse will be released in the 18 months following the divorce.

What happens in a fault divorce?

In a fault divorce, one spouse, who becomes the plaintiff, must file a complaint in the Court of Common Pleas against the other spouse, who becomes the defendant. Once the paperwork is finalized, the couple will go to trial and present their cases before the court. The court will make decisions about matters like assets, child custody and alimony.

Can a divorced couple divide 401(k)?

Let’s say you have a 401(k) plan. Any money that you put into the account before you got married is considered a separate asset and is not subject to division during a divorce. Any money that you put into your account during the marriage, though, is a marital asset. Thus, the judge can divide itas he or she sees fit.

Can a judge order child support in Pennsylvania?

In Pennsylvania, the judge can order child support. There are guidelines for determining how much the non-custodial parent will pay in child support, but it is not a strict formula. The court will weigh any number of factors to determine the amount of the payments, including: Each spouse’s income.

Do marriages end in divorce?

When you walk down the aisle, you probably assume the union you are about to enter into will last a lifetime. The statistics tell us, though, that many don’t. Unfortunately, sometimes marriages end in divorce, which on top of personal turmoil can bring a host of legal and financial issues. If you live in Pennsylvania, this guide will explain ...

Can you put anything in a settlement agreement?

In the end, just about anything – anything legal, that is – can be put in a settlement agreement and you need one to enforce promises which are made to happen after the divorce; however, it is always better to do things than to agree to do them. The vast majority of these agreements go into a drawer in the home and yellow with time, but they can provide assurance that will ease your mind about the other party’s future promises to you.

Is a divorce agreement required in Pennsylvania?

While that may be true in states other than Pennsylvania, it is not necessarily the case in a Pennsylvania divorce. No doubt a number of you may have filed what you thought was a very simple, reasonably cordial divorce in the past and did so through a classic, local, full-service lawyer or law firm who, simply as a matter of course, prepared a multi-page agreement for you and your then spouse to sign, even though you had already divided everything and, after the divorce became final, there was nothing more you expected from your spouse and nothing more your spouse expected from you. Why was that document with page after page of boilerplate legalese, none of which you understood and which did not give you or entitle you to anything you did not already have, made a necessary part of your divorce?

How to get divorce faster?

Do not say, text or email anything that you will later regret. Instead, consider keeping things cordial with your spouse. Most divorce, custody, and financial matters are resolved through negotiated settlements. Being amicable with your spouse will help facilitate a quicker settlement.

How to handle a divorce?

It is important to keep in mind that your behavior will be under scrutiny throughout the course of your divorce. Conduct yourself accordingly. Many people do not realize the importance of good etiquette until it is too late. Behaviors that are perceived as negative or harmful can be used against you in a divorce or child custody proceeding. Consider your actions in the following circumstances: 1 Social outings and your attitude toward friends, teachers, coaches, etc. 2 Drinking, excessive gambling or drugs. 3 Social media (e.g. Facebook, twitter). Be mindful of the impression you make on people. Do not post photos or comments that could be used as evidence against you. 4 Communicating with your spouse. Text messages and emails can be used as evidence. Do not say, text or email anything that you will later regret. Instead, consider keeping things cordial with your spouse. Most divorce, custody, and financial matters are resolved through negotiated settlements. Being amicable with your spouse will help facilitate a quicker settlement. 5 Your spending habits.

What is the hardest decision to make after divorce?

One of the toughest decisions divorcing couples face is determining their post-divorce living arrangements. You’ll need to decide which one of you will move out of the marital home, or if it is better to sell the home. This is an extremely important decision with many issues to consider. You and your divorce lawyer will want to discuss some of the following questions:

How to get along with your kids when you are divorced?

This will help your children cope with the situation. Stay focused on your children and their needs throughout this very stressful period of their lives. Both parents, with the help of their divorce attorneys, will need to develop a parenting plan for child custody and visitation rights.

What is property acquired before marriage?

property acquired before the marriage. inheritances and gifts received during the marriage (except gifts between the spouses) property excluded from the marital estate by a valid prenuptial or postnuptial agreement. property acquired after the spouses separate. certain specific veterans' benefits, and.

What happens if my spouse doesn't have enough property to satisfy a judgment?

If that spouse doesn't have enough property to satisfy the judgment, the creditor can then try to collect from the other spouse. (Pa. C.S.A. - Title 23 - Chapter 35 § 4102.) If you can, use marital property to pay off as much debt as possible at the time of divorce, to avoid post-judgment problems.

Is There a Statute of Limitations on Divorce Settlement Agreements?

Not to be evasive, but the answer is: it all depends. As indicated in the preceding section, divorce settlement agreements are written contracts and, as such, certain obligations in the agreement may be subject to a statute of limitations. If one party to the agreement fails to meet that obligation, the other will then have four years to seek a remedy from the court. (Pa. C.S.A. - Title 42 - Chapter 55 § 5525.) If that's not done, the injured party could be out of luck.

Can a credit card be used after a divorce in Pennsylvania?

Be aware that creditors aren' t usually bound by your divorce judgment. So if your spouse is supposed to be paying off a credit card after the divorce, but then defaults on those payments, you could be on the hook. Pennsylvania law states that when a spouse incurs a marital debt for items necessary for the support and maintenance of the household (food, clothing, and such), both spouses are responsible, and a creditor can sue both. But if the creditor gets a judgment against both, it has to try to collect first from the spouse who actually incurred the debt. If that spouse doesn't have enough property to satisfy the judgment, the creditor can then try to collect from the other spouse. (Pa. C.S.A. - Title 23 - Chapter 35 § 4102.)

Is a house considered marital property in Pennsylvania?

And, title (the name under which property is owned) doesn't necessarily determine a property's designation as marital or separate. So, for example, if a car purchased during the marriage is in only one spouse's name, generally the law still considers it part of the marital estate.

Can you mix separate property with marital property?

Commingling (mix ing) separate property with marital property can cause those non-marital assets to lose their protected status. For example, taking money from a pre-marriage bank account and placing it into a joint account with your spouse. As a general rule, if you want to protect your separate property from distribution in a divorce, don't use that property for anything related to the marriage.

Can you separate property in Pennsylvania?

For the most part , Pennsylvania law allows separate property to escape the equitable distribution process. However, it's important to remember that if the value of separate property increases during the marriage, the amount of that increase can be considered a marital asset. You'll often see this with certain retirement plans.

What is the purpose of a divorce settlement conference?

The purpose of the divorce settlement conference is to divide marital property and determine things like child custody and visitation so that you can proceed with the divorce. For example, you should give some thought to the following before attending the conference:

Is it easier to divorce in Pittsburgh?

The decision to divorce is often much easier than deciding how to divorce. Figuring out how to divide marital assets and handle custody issues can be extremely difficult. The divorce settlement conference is your opportunity to reach an agreement that works for everyone involved. While this may sound impossible, an experienced Pittsburgh divorce attorney can help you navigate these difficult waters.

Is divorce emotionally draining?

The divorce process can be emotionally draining for everyone involved. If the divorce involves feelings of disdain, the settlement conference is often used by one spouse to get back at the other. Your soon-to-be ex might be angry, inflexible, and unreasonable. On the other hand, they may seem distraught and vulnerable, making you feel guilty and more inclined to meet their demands.

What to consider when considering a divorce settlement?

There are many factors to consider, including assets, incomes, living expenses, inflation, alimony, child support, taxes, retirement plans, investments, medical expenses and health insurance costs, and child-related expenses such as education.

What to do if you suspect your spouse is planning a divorce?

If you suspect your spouse is planning a divorce, get as much information as you can now. Make copies of important financial records such as account statements (eg., savings, brokerage, and retirement) and all other data that relates to your marital lifestyle (eg., checking accounts, charge card statements, tax returns).

How to minimize taxes after divorce?

Work together with a divorce financial planner or tax accountant to minimize the total taxes you and your spouse will pay during separation and after divorce; you can share the money you save. Don't forget that both spouses are liable for taxes due as a result of audits on joint returns, so it's usually in your best interest to work together and minimize possible liabilities. If you're facing complicated tax issues in your divorce, it's best to consult with an experienced family law attorney and an accountant.

What is the biggest mistake a divorced spouse can make?

The biggest mistake divorcing spouses can make is being in the dark about finances. If your spouse has always handled all of the financial decisions in your household and you don't have any information about you and your spouse's income and assets, your spouse will have an unfair advantage over you when it comes time to settle the financial issues in your divorce.

How does mediation help in divorce?

The mediation process involves a neutral third-party mediator (an experienced family law attorney trained in mediation) that meets with the divorcing couple and helps them reach an agreement on the issues in their divorce. Mediation is completely voluntary; the mediator will not act as a judge, or insist on any particular outcome or agreement.

How to know if you are getting a fair deal after divorce?

Sounds good, right? The only way to know if you're getting a fair deal is to determine the value of the investments on an after-tax basis, then decide if you like the deal. Again, you should speak with a tax professional about the impact of any proposed property division before you agree to it.

What is the difference between mediation and adversarial legal process?

Mediation also provides divorcing couples a lot of flexibility, in terms of making their own decisions about what works best for their family, compared with the traditional adversarial legal process, which involves a court trial where a judge makes all the decisions.

Beginner’s Guide to Divorce Laws in Pennsylvania

See more on survivedivorce.com

Alimony and Child Support

Custody and Visitation

Divorce Process

Other Issues