Many people make promises of loving someone forever when they get married, but these promises aren’t always realistic. Feelings change, and relationships fall apart, but there are legal ramifications that must be reconciled when it’s a marriage. These issues are often not something divorcing partners can agree upon, which necessitates one or more divorce attorneys in the process. If you are going through a strenuous divorce, don’t go through it alone.
Even if you and your soon-to-be ex-spouse are divorcing amicably, you should have a Wilkes-Barre/Scranton divorce attorney on your side. We’ll make sure you’re receiving the assets you need, a fair distribution of marital debt, and the custody rights that are best for your family if you have children.
What is Determined During a Divorce?
There are several marital factors that need to be taken into account before a divorce can be completed. The most important thing is how to handle child custody. If you have no children, then the most precarious issues in a divorce don’t apply to you, and your divorce will likely be several months shorter than the average divorce.
When you have children with your spouse, it needs to be put into writing how you will handle caring for them before your divorce can be finalized. How you both will handle physical and legal custody is incredibly important.
Pennsylvania courts require that you inform and update them on who will physically care for your children and who can make life decisions for them. Then, they require to know when and how often the non-custodial parent will see their children.
Child support in Pennsylvania, like in many other places, is governed by state laws. By law, child care needs to be properly calculated, alongside the potential and current income of both parents. This way, the determined child support will help the custodial parent care for the child, as well as allow the non-custodial parent to care for themselves.
You can calculate estimates of your child support obligations using online formulas. However, it is best to consult our skilled divorce lawyers in Scranton, PA. They can help you better understand the specifics, and whether or not the courts are likely to approve of your plan.
Anything you own as a couple needs to be split between both parties. You have to split the bank accounts, sell your home and vehicles, and split the profit, or you can buy out the other’s share of the property. You can split up specific items so you leave with near-equal halves. If you own a business, you can retain your shares post-divorce. You can also place assets into trusts for your children rather than split them.
Pennsylvania operates under the principle of equitable distribution, which means that marital property, including debts, is divided fairly rather than equally between spouses. If you and your spouse accumulated debt during your marriage, such as in the purchase of a house, car, or starting a business, you can split your debt between the two of you.
The goal is to achieve a balanced and fair distribution of debts that reflects the financial realities of both parties involved. So, you will need to hire competent divorce lawyers in Scranton, PA, to ensure the court accurately understands your financial reality.
In Pennsylvania, changing your name after a divorce is a relatively straightforward process. If you and/or your spouse changed your name upon entering the relationship, you can have it legally changed upon its end.
During the divorce proceedings, a spouse can request to resume their maiden name or whatever their former name was. This request is commonly included in the divorce decree. If not, you can do so through a separate legal process. Seasoned Scranton divorce attorneys can help you with this.
The Risks of Divorce Without an Attorney
If you attempt to complete a divorce without an attorney, you run the risk of being left with an unfair portion of assets or overly taxed by the government. If your spouse is legally savvy or has a divorce lawyer, it wouldn’t be difficult for them to gain control of an unfair share of the marital assets or custody of your children. They may lull you into a false sense of security and convince you to sign something you don’t understand.
Even if you and your spouse are divorcing amicably, if you divorce together without the proper legal assistance of a Scranton divorce attorney, you can cause financial issues for yourself. There are many property rights and taxes tied up in a marriage that the government cares about. If you’re not careful, they may tax more than they should and leave you with less money to care for yourself and your children.
Types of Divorce in Pennsylvania
In Pennsylvania, there isn’t only one way to divorce. We mentioned earlier that your divorce can be amicable, and if it is, this allows you more options for divorce. When the divorce isn’t amicable, you may be forced to proceed with your divorce through other specific types.
Fault Divorce
In this divorce, one spouse is blaming the other for the collapse of their marriage. The accuser has to prove they are innocent of their marriage’s collapse if the accused doesn’t accept it. Reasons for fault can include adultery, endangerment, imprisonment, assault, and more. This doesn’t affect asset distribution but does allow a scorned partner to get a divorce if the other is refusing to.
Mental Institution
If one of the spouses has been in a mental institution for at least 18 months due to one or many mental disorders, and is expected to stay for at least 18 months (though they don’t have to), the court can grant the other spouse a divorce without the other’s consent.
Mutual Consent
Pennsylvania made it legal for couples to get a divorce without giving a reason in 1980. Mutual Consent, also known as no-fault divorce, is the most common form of divorce, where couples are not forced to provide reasons for the divorce. Once the divorce is approved, a divorce agreement is conceived the same way it would be in a fault divorce.
One-Year Separation Divorce
If you and your spouse are not sure if you truly want a divorce or are unsure of how you will handle child custody, you can be legally separated. This is where both parties live apart for a year, no longer as spouses (you do not have to be physically apart, only emotionally). One of them can automatically file for a divorce after a year. This way, you can be sure that you want a divorce, experience what divorce life will necessitate, and prepare a divorce agreement based on your experience. If one partner refuses to sign divorce papers and stalls the divorce for upwards of a year, the other partner can get a one-year separation divorce this way as well.
Contact the Reliable Divorce Lawyers in Scranton, PA
Divorce is always going to be hard emotionally, but it doesn’t have to be a difficult process. Our team of experienced divorce lawyers understands the complexities of family law. We are committed to guiding you through every step of the divorce process, from filing the necessary paperwork to negotiating settlements and representing you in court if needed. Our approach combines professionalism with empathy.
With the help of our Wilkes-Barre/Scranton divorce attorneys, we can try to make your divorce as easy and straightforward as possible. Contact us today.
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