"We are on Your Side"
Philadelphia Area Divorce and Property Division Attorneys
GROUNDS FOR DIVORCE
Ending a marriage is a painful process for all involved. The legal process for dissolving the martital bond has grown easier, however. Nearly all couples involved in divorces in the two jurisdictions in we practice choose no fault grounds for divorce.
The grounds for divorce are the legal bases for dissolving the marriage. In both Pennsylvania and New Jersey a period of separation without reconciliation will establish grounds for divorce. In addition, Pennsylvania allows the establishment of ground for divorce by mutual written consent. In New Jersey many couples still file for divorce under a fault-based section of the divorce statute requiring extreme cruelty of at least one of the spouses. However, it is important to note that typically the type of behavior involved need only be bad enough that it would make the parties no longer want to live with one another thus no major wrongdoing need be proven.
DIVISION OF PROPERTY
The other key component to divorce is the division of the marital property. The property to be divided is any property acquired during the marriage. That property may take the form of: real estate, retirement benefits such as pensions and retirement accounts, businesses, investments, or items of personal property, such as cars or works of art. First, the property must be identified and then it has to be assigned a value.
The Court will also consider any debts or marital liabilities that are incurred during the marriage. Common debts are: mortgages, home equity loans, student loans, car loans and credit card debt. Again the debts will be identified and given a value. These liabilities will be balanced against the marital assets to determine what is called the net marital estate.
The next step in the process is to determine the percentage of the net marital estate to be given to each spouse. There is no set percentage split in either Pennsylvania or New Jersey. Cases are looked at individually on their own facts and many different factors are considered in trying to achieve as fair a distribution as possible. Careful presentation of the case at this phase of the process is critical to achieving a fair yet favorable result.
The final phase of the process is to determine how the assets and liabilities will be distributed. This is the part of the case where "who gets what" is decided. Many cases of property distribution will be settled before they ever get to court or will settle at settlement conferences. Here, negotiation skill, knowledge of the law, and creativity in finding financial solutions that work for the client are the keys to success in protecting and securing your financial future. You want a lawyer who has these qualities. We do.
Karen Ann Ulmer, P.C.
Main Office:
174 Middletown Blvd.
Langhorne, PA 19047-3201
Telephone: 215-752-6200
Fax: 215-752-6202
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