How do people know what they owe and know what they own? The discovery process is how you obtain information, particularly if you’re a dependent spouse and don’t know what assets are in the marriage or which are non-marital or marital. It is the way you find out from the other side or from third […]
Asset and Property Issues
Is the property divided equally in Pennsylvania?
Not necessarily. That could happen, but we have what is called an equitable distribution, not equal distribution statute. The statute is equitable, which means equitably – what is fair, what seems fair to the court, what seems appropriate under the facts and the circumstances. The Divorce Code in Pennsylvania has 11 factors that the court’s […]
Is there one factor or a number of factors that are more important or given more weight when deciding the division of assets?
“Is there one factor or a number of factors that are more important or given more weight when deciding the division of assets?” It depends upon the facts in each and every case. So for example, if you have a situation where there are young children involved, and the mother is going to be staying […]
My spouse and I are divorcing, can I force him to move out of our home
Unless there is family violence, no. You should request a temporary hearing on your assigned judge’s next available calendar. Until there is a Court order requiring either party to move, you both may be stuck living together until that time. I always request a temporary hearing at the time of filing the divorce in that […]
What property gets divided in a divorce?
In Pennsylvania, the courts say marital property is everything that is acquired from the date of marriage until the date of separation, regardless of title ownership. So for example, if one of the parties has a pension or retirement benefit in their name alone, that portion that is earned during the marriage is marital property. […]
My spouse and I are not getting along and I’m planning to move out of the home. Is moving out a wise thing to do?
Whether moving out of your house is a “wise thing to do” in terms of strategy for a dissolution depends on several factors, including but not limited to: (1) whether you intend (and are able to afford) to retain the house as your separate property as part of the marital settlement agreement; (2) whether you […]
Our house is an Underwater property
Our house is an “underwater” property and it’s the main reason my spouse and I haven’t moved forward with a divorce. We just can’t stand living together any longer and we want to get on with our lives. Do you have any suggestions as to how we can do so?
My spouse and I are divorcing and I want to keep the house in the divorce.
“My spouse and I are divorcing and I want to keep the house in the divorce. Are there any special considerations I should think about before I make this decision?” Deciding what to do with the family house in divorce can be one of the biggest challenges facing couples going through it. For many years, […]
Podcast: Janet Boyle Gives Advice on Moving Out of the Home
In this podcast, Janet Boyle gives advice on moving out of the home and whether its the right decision depending on the situation.
If I file for divorce, how can I protect certain assets from my spouse?
To protect assets, you should understand how property works in New Jersey. In the State of New Jersey, there are two types of ‘property’; Separate Property and Marital Property. Marital Property is defined as all property acquired during the course of the parties’ marriage. Both parties’ incomes earned during the marriage are marital. Retirement assets […]
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