Property Division Attorney PA
Dividing Marital Property For Divorce in Pennsylvania
If you are considering divorce, you may be wondering whether you will have any control over the divison of your marital property. If you and your spouse are able to divide your marital property amicably and reach a settlement, you will maintain a good deal of control over how your assets are divided. However, not all couples can come to an agreement which often forces the division of their marital assets to be determined by a judge.
In Pennsylvania, if a divorcing couple should need the court to decide upon the division of their marital property, many factors are considered by the judge. The judge will try his or her best to determine an equal division of assets; however, it may not be what each spouse would have preferred if they had more of a say in the matter.
Why You Should Hire an Experienced Property Division Lawyer
If you are working through a divorce process, hiring a divorce lawyer who can help you reach an amicable division of property outside of court will save you time, money and undue stress. You are also likely to end up with a resolution that is more favorable than what a court might have chosen for you. A family law attorney who understands Pennsylvania divorce law and has experience helping other couples divide their marital property will be a huge asset to you and your family.
How is Property Division Decided During Divorce?
Pennsylvania uses an equitable distribution model where the court divides marital property on a case-by-case basis. The court considers multiple factors, such as length of the marriage, spouses’ income and assets, and who is the children’s primary caregiver. Premarital agreements also affect the decision on how to divide a couple’s assets and marital estate.
What’s important to note is that the division of marital property does not need to involve the court. In fact, it’s most favorable for both spouses if the distribution of assets takes place outside the courtroom through collaboration or mediation. This provides you with more control over how you structure the division of property. It allows you to work together to determine what is reasonable and fair to all parties involved.
Marital Assets VS Non-Marital Property
In Pennsylvania, there is what is considered “marital property” and there is non-marital property also referred to as “separate property”. Marital property refers to property acquired during the marriage and before the date of separation, which is subject to division in a divorce.
In contrast, separate property refers to personal property that was acquired by a spouse before the marriage, such as furniture, collectibles, a car or boat that is owned outright prior to marriage. Unlike marital property, separate property is not subject to division in a divorce.
Get Experienced Legal Advice from Our Property Division Attorneys
At Colgan & Associates, we understand that property division issues in divorce proceedings can be complicated and emotionally-driven. This is why, for many divorcing couples, we step in to help mediate the situation and ensure it progresses as smoothly and quickly as possible so couples are able to move forward with their lives.
If you have a question related to divorce and the division of marital property, please contact us today for a no-cost initial consultation!
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