Friday, April 5, 2013
Q: How can I get my marriage annulled, and how is that different from a divorce?
Whereas divorce is the procedure for ending a valid marriage, an annulment ends a marriage that is legally invalid. In Pennsylvania, marriages must meet certain requirements to be legal. For example, neither spouse may already be married to another person at the time of marriage, spouses cannot be closely related to one another, and each spouse must have the mental ability to consent to marry. When such requirements are not satisfied, the resulting marriage may eventually be subject to an annulment. Pennsylvania law divides invalid marriages into two categories: void marriages, and voidable marriages. Void marriages are invalid from the start, and the law treats them as if they never existed at all. By contrast, the law recognizes …
Friday, February 15, 2013
Q: My spouse and I have been discussing the possibility of divorce, but I am worried because we have a good deal of shared property. How do we divide everything if, in fact, we follow through with the divorce?
It is almost always simplest and cheapest for divorcing spouses to divide their marital property by negotiating and signing a marital settlement agreement, ideally with the help of a skilled divorce attorney. Some couples, however, are unable to come to terms amidst the often emotional backdrop of a pending divorce. For these couples, there is a process overseen by the courts known as equitable distribution. Equitable distribution means a court-ordered division of marital property according to whatever the court decides is fair and just under the circumstances. Courts have broad discretion in deciding which spouse gets what property, and each side must present evidence to establish why they should receive what property they want. …
Friday, January 11, 2013
Q: I think that it is time my spouse and I got a divorce. What exactly does getting a divorce involve, and how long does it take to finalize?
Divorce ends a legal marital relationship between two spouses who walk away from the divorce as single individuals who are free to legally remarry. The length and complexity of finalizing a divorce depends on a number of factors, but most importantly upon the level of cooperation between the divorcing spouses. At one end of the spectrum, a divorce can be a relatively low-hassle process. At the other end of the spectrum, finalizing a divorce can take years and thousands of dollars in legal fees. For couples who agree there is a need to divorce, Pennsylvania law allows spouses to obtain a no-fault divorce by mutual consent. Ideally, couples who divorce in this manner never have to set foot in a courtroom, and their divorce can be final in …
Friday, November 9, 2012
Q: I’m thinking about getting a divorce and need to plan my finances. Are spousal support and alimony the same thing?
Understanding the differences between the various types of financial support available to a spouse during a divorce proceeding can be a headache. For clients unfamiliar with the divorce process, figuring out what distinguishes one kind of support from another can be downright bewildering. Aside from child support, which is outside the scope of this article, there are three kinds of financial support a spouse can claim during a divorce: spousal support, alimony pendente lite and alimony. Although there are similarities between all three, each of these options differs in essential details. Spousal support exists to ensure that a dependent spouse has a reasonable living allowance during a divorce. If it is financially possible, the dependent…
Sunday, September 30, 2012
Results of a new study may surprise you, suggesting that couples who divide household chores equally are more likely to divorce. How do you handle the housework at home? What do you think?
She dusts and vacuums. He washes the dishes and takes out the trash. The couple that splits household chores, 50-50, is a couple that's likely to stay happy, right? Wrong, according to a new report that suggests the divorce rate among couples who share housework equally is around 50 percent higher than in homes where women do most of the work. The study, conducted in Norway, runs contrary to other surveys—never mind modern-day opinion—that suggest couples are more likely to stay together and describe themselves as happy in relationships where responsibility for home tasks is equally shared, according to a story in The Telegraph newspaper. Apparently divvying up the chores in an organized structure results in a relationship that's more …
Friday, April 27, 2012
Q: How can I get my marriage annulled, and how is that different from a divorce?
- OPINION
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Friday, April 27, 2012
Whereas divorce is the procedure for ending a valid marriage, an annulment ends a marriage that is legally invalid. In Pennsylvania, marriages must meet certain requirements to be legal. For example, neither spouse may already be married to another person at the time of marriage, spouses cannot be closely related to one another, and each spouse must have the mental ability to consent to marry. When such requirements are not satisfied, the resulting marriage may eventually be subject to an annulment. Pennsylvania law divides invalid marriages into two categories: void marriages, and voidable marriages. Void marriages are invalid from the start, and the law treats them as if they never existed at all. By contrast, the law recognizes voidable…
Friday, March 23, 2012
Q: I am considering, or currently going through a divorce. How do my spouse and I have to divide our shared property if we cannot come to an agreement on our own?
- OPINION
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Friday, March 23, 2012
The simplest method for divorcing spouses to deal with the division of their shared property is to negotiate and sign a marital settlement agreement with the help of an attorney. If, however, the couple cannot agree on how to divide some or all of the marital estate, the issue can be settled in court through the process of equitable distribution. Equitable distribution means a court-ordered division of marital property according to whatever the court deems is fair and just under the circumstances. Courts have broad discretion in deciding which spouse gets what property, and each side gets to present evidence and arguments as to why they are more entitled to receive what they want. Equitable distribution only deals with the division of …
Friday, February 24, 2012
Q: My spouse and I both want to get divorced, and we mostly agree on how we want to divide our property. What is the quickest and easiest way for us to finalize the divorce and move on with our lives?
- OPINION
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Friday, February 24, 2012
Although going through a divorce is never emotionally easy, Pennsylvania law provides divorcing couples with a relatively hassle-free option to divorce by mutual consent. Ideally, couples who divorce in this manner never have to set foot in a courtroom, and their divorce can be final in as few as 90 days. With any divorce, filing the divorce complaint starts divorce proceedings. Assuming there are no child custody, spousal support, or other complicating issues, the divorce complaint is a very simple document. It names each spouse along with their current addresses, states the date and location of their marriage and asserts that that both parties were residents of Pennsylvania for more than six months prior to the filing of the complaint…
Friday, February 10, 2012
Q: If I’m divorced, can I still claim my children as dependents on my federal taxes?
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Friday, February 10, 2012
It can depend on a number of factors, but when claiming any child as a dependent, first make sure she fulfills certain basic requirements of relationship and age set forth by the IRS. The child in question must actually be your child or a descendent of your child— whether through birth, adoption or a foster parenting situation. Additionally, the child can be a sibling, half-sibling or step-sibling, or a descendant of any of these. He must be younger than 19, or 24 if he is a full-time student, and also younger than you. If your child is permanently disabled, you can claim him as a dependent regardless of his age. Aside from relationship and age, the IRS looks to the child’s residency throughout the year. Normally, you can claim a child…
Friday, February 3, 2012
Q: I’m thinking about getting a divorce and need to plan my finances. Are spousal support and alimony the same thing?
- OPINION
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Friday, February 3, 2012
Understanding the differences between the various types of financial support available to a spouse during a divorce proceeding can be a headache. For clients unfamiliar with the divorce process, figuring out what distinguishes one kind of support from another can be downright bewildering. Aside from child support, which is outside the scope of this article, there are three kinds of financial support a spouse can claim during a divorce: spousal support, alimony pendente lite and alimony. Although there are similarities between all three, each of these options differs in essential details. Spousal support exists to ensure that a dependent spouse has a reasonable living allowance during a divorce. If it is financially possible, the dependent …
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