Divorce Attorneys Kennett Square
When a couple faces divorce, emotions tend to run high. Anger, resentment and apprehension can quickly lead to bitter disputes. It is very uncomfortable emotionally and psychologically to endure a divorce, even when it is not particularly ugly. Children and adults alike are impacted when a marriage dissolves. In the unfortunate event you are considering filing for divorce it is best to retain a skilled and compassionate Kennett Square divorce lawyers at Donze & Donze to protect your rights.
Common Issues Surrounding a Divorce
Often times there is more to be dealt with than just the divorce itself. Many times in a marriage a family involving children is the ultimate end product of the marriage. Issues our Kennett Square divorce lawyers deal with on behalf of our family law clients are:
- Child Support
- Child Custody & Visitation
- Alimony & Spousal Support
- Division Of Property
- Division Of Marital Assets 7 Debt
Furthermore, the myriad of forms, worksheets and documents needed to file for divorce in Pennsylvania can be daunting. A skilled West Chester, PA divorce attorney from our firm can help you effectively negotiate with your spouse for a fair and reasonable divorce agreement. Our Kennett Square divorce lawyers understand compromise is never fun, that’s why we employ hardworking and empathetic attorneys who will fight for your rights during your case.
Pennsylvania Equitable Distribution Laws
During a Pennsylvania divorce the legal term for dividing marital assets and marital debts is equitable distribution. Pennsylvania is known as an equitable distribution state and not a community property state. Our courts divide marital property and debts based on the principles of equity. That means it is in the discretion of the court to divide marital assets and marital debts as it . Equitable distribution does not always mean that property and debts will be equally divided. One of the goals our Kennett Square divorce lawyers hope to achieve is an equitable, or fair, distribution of property, retirement accounts and investment accounts.
Factors Considered In Equitable Distribution
According to Pennsylvania divorce law fault is not a factor taken into consideration during equitable distribution. Pennsylvania courts may use some of the following in determining equitable distribution:
- Length of marriage
- Previous marriages
- Age of both parties
- Health of both parties
- Income of both parties
- Employability of both parties
- Amount of non-marital assets
- Prenuptial agreements
- Who will have custody of children when applicable
- Did either person help the advancement of the other’s income
- Standard of living during the marriage
- Tax implications
Marital Property or Marital Assets
If a settlement cannot be reached prior to entering the court system, the court will divide the marital assets in a way it deems fair given the particular circumstances of the cases. Marital assets are also referred to as marital property. Marital assets can include a home, cars, furniture, businesses owned by the parties, jewelry, art, investments and retirement accounts. Anything purchased during the period of time considered as “the marriage” will be deemed marital property, even if it was purchased or put in only one party’s name. For example, even if your name does not appear on the title to a vehicle purchased by your spouse during your marriage you may be entitled to half of that vehicle.
Non-Marital Assets or Separate Property
In Pennsylvania, the law allows separate or non-marital assets to be omitted from the equitable distribution process. Any property that was excluded by a prenuptial agreement will not be included in the equitable distribution. Any property brought into the marriage and kept separate during the marriage is also considered non-marital property. Gifts received by just one spouse during the marriage may also be kept separate. Inheritances received before or during the marriage that are kept separate may also be excluded. However, if the value of any of the non-marital property increases during the marriage, the increase in value may be considered marital property. If a spouse chooses to use non-marital funds for a common purchase, like buying a home, that money will often be considered marital property.
In Pennsylvania, marital debts are defined as debts that were acquired by either spouse after the marriage date and before the date of separation. Common marital debts include credit card bills, mortgages, car loans, home equity loans, tax obligations and judgments. Even if a credit card was only in one spouse’s name, if the credit card was used during the marriage, both parties have an obligation to repay the debt.
Divorces usually get messy and ugly and unfortunately the high road is not always taken. The Kennett Square divorce lawyers at The Law Office of Donze & Donze have helped many clients locate hidden assets and income that a spouse may possess in an attempt to wrongly and fraudulently attempt to keep a marital asset for themselves.
Occasionally someone will try to hide assets in order to pay less or receive more support. The West Chester, Pennsylvania divorce lawyers at Donze & Donze, located in Kennett Square, Pennsylvania, offers each client an individual solution for remedies sought such as:
- Requesting the court impose a lien as security for the payment for alimony or any other award for the other party
- Awarding the right to live in the marital property to one party to the exclusion of the other
- Requesting the court to direct one party to continue to pay health insurance or life insurance on behalf of the other party
- Requesting special relief, including injunctions or orders necessary to prevent the removal, dissipation, transferring or encumbering of real or personal property
The Pennsylvania Divorce Code
The Pennsylvania Divorce Code controls your divorce if you do not agree on the division of property and debts on your own. If you have a pre-nuptial agreement that does not include something that is available to you according to Pennsylvania Law, you may still be able to assert those rights.
If you are considering a divorce or have questions about the division of property after a divorce, contact the Chester County, Pennsylvania divorce attorneys at The Law Office of Donze & Donze today.
It is important that you deal with an experienced family law attorney who will walk you through the divorce and equitable distribution process and make sure that nothing is left out of your settlement.
Contact Our Kennett Square Divorce Lawyers
Should you have further questions regarding divorce or any issues pertaining to your divorce please do not hesitate to contact the Kennett Square divorce lawyers at Donze & Donze. We can be reached at (610) 444-8018. You may also email us here. We respond to all inquiries promptly as part of our pledge to put your case and your needs first.
The Chester County, Pennsylvania lawyers at Donze & Donze proudly serve all of Chester County including Avondale, Kennett Square, East Goshen, West Goshen, Coventry, Fallowfield, Tredyffrin, Nantmeal, Exton, Warwick, Wallace, Caln, West Caln, East Bradford, West Bradford, West Marlborough, East Marlborough, West Chester, Devon, Chadds Ford, Oxford, Valley Forge, Coatesville, Malvern, Paoli and West Grove.