When considering divorce , many people are flooded with questions and concerns . They have little to no experience with the legal system prior to a divorce action , so in addition to the emotional toll of separating from a spouse , they are forced to go through a new and scary process . Below you ’ ll find some of the most common initial questions we are asked by potential clients .
How long will this take ?
The length of a divorce from start to finish can vary wildly depending on the facts of each case . For an uncontested divorce , where both parties are in agreement with the divorce and have resolved all economic matters , it may take no longer than a few months . Pennsylvania law has a mandatory 90-day waiting period . A contested divorce , or one where parties can ’ t agree as to the division of assets , requires a year of separation before a court will intervene .
Are there options on how to move forward with a divorce ? Absolutely . Many people think of the courts when divorce is mentioned . While traditional litigation is one way to move forward with a divorce action , it is certainly not the only option . Litigation involves bringing the matter to court where a judge or hearing officer has the ultimate authority to make decisions on the division of assets , alimony and other matters .
Mediation involves the parties hiring a certified mediator , a neutral third party , to assist them in coming to an agreement . The agreement reached in mediation is called a “ Memorandum of Understanding ,” which is nonbinding but can be converted into a binding Marriage Settlement Agreement after the fact .
Parties may also want to consider collaborative divorce , where both parties hire attorneys who are trained in this type of process and agree to resolve the matter outside of court . Together with their attorneys , and perhaps neutral financial and mental health professionals , the team participates in meetings using interest-based negotiation ( rather than positional based ) in a private , dignified and respectful environment .
Isn ’ t it true that I get one year of alimony for every three years of marriage ?
No . Pennsylvania law does not have a set formula for calculating alimony . Alimony is not guaranteed , but rather is utilized as a secondary remedy if , through the division of assets , one spouse cannot meet his / her reasonable needs . There are 17
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www . mcmorrowlaw . com factors a court would consider when making a determination on alimony , its length and amount , like the earnings and earning capacities of the parties , the length of the marriage , standard of living and needs of the parties . Alimony is taxable to the recipient spouse and tax deductible to the paying spouse .
My retirement accounts are in my individual name — that means my spouse can ’ t touch them , right ?
Not necessarily . Pennsylvania generally defines marital property as anything earned or acquired during the marriage . This means that contributions to a retirement account made during the marriage are considered to be marital . The titling on assets is not dispositive of whether such property is ultimately determined to be marital or non-marital . For example , a house purchased during the marriage will typically be considered marital , regardless of whether it is in one spouse ’ s individual name or in joint name with few exceptions .
Is Pennsylvania a 50 / 50 state ?
No . While Pennsylvania law involves the equitable distribution of property , this does not necessarily mean equal . The court will look at 11 factors to determine an equitable split . These factors include the length of the marriage , the contribution of one party to the earning power of the other , the income available to each party , the skills , training and experience of the parties , and the standard of living established during the marriage . While cases may result in a 50 / 50 split , facts can also support an award that is skewed in the favor of one party .
My spouse cheated — is that going to get me a better settlement ?
It depends . One of those 17 factors of alimony is “ marital misconduct ,” which can include adultery . While many people automatically assume that adultery results in the wronged spouse receiving more money or property , this is not always the case . Marital misconduct is not a factor when dividing assets and debts .
This Industry Insight was written by Brooke B . McMorrow .
Attorney Brooke McMorrow is the founding member and Managing Attorney of McMorrow Law , LLC located in Wexford . McMorrow Law focuses on family law matters such as divorce , custody , child support , guardianship , estate planning and probate / estate administration in Pittsburgh and the surrounding counties . Attorney McMorrow is collaboratively trained and a certified mediator , and also a founding member of Collaborative Solutions North . She is licensed to practice in Pennsylvania and New York . For a free initial consultation call 724.940.0100 or visit the website at www . mcmorrowlaw . com .
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