The court can rule on your property division concerns

Getting a divorce can be difficult. While some people are able to split their assets and work together, others are not able to. When dissatisfaction and arguments get in the way of the divorce, one of the options is to allow the court to deal with your divorce’s asset division concerns.

When you get a divorce in Pennsylvania, the equitable division of marital property rule applies. If you and your spouse prefer, the court itself can equitably divide or assign your assets. The court does not need to consider any marital misconduct for this process, and it will split the items in a way that considers all the relevant factors.

By considering what each person put into the marriage, it’s easier for the courts to provide a split that is fair to both parties. Some of the factors that apply include how long you’ve been married, whether or not you were married in the past, your ages, the health or station of each party, your combined or individual resources, your current incomes, and others.

Some of the things the court can decide include who gets the family home, whether or not life insurance needs to be maintained, and even if a lien needs to be placed on a property to make sure someone gets paid the alimony required.

Allowing the court to rule on these items may not be in your best interest, but it is a possibility. Your attorney can help you draft your own asset division plan if you’d prefer to try to come to an agreement outside court.

Source: Pennsylvania General Assembly, “Title 23,” accessed March 30, 2016


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