PROTECTING ASSETS IN DIVORCE

Sitting down with a divorce attorney is one of the first things you should do after a marital separation. But there are some steps that can be taken to protect yourself, even before consulting a divorce lawyer.

Bank Accounts After a Marital Separation

The first step to take after a separation is to separate your finances, by closing any joint bank accounts. As to any money in savings, you should discuss this with your divorce attorney. Ideally, the parties would agree to split the money, or use it to may marital debts. If one spouse takes all of the money, they would have to account to the other when marital property is eventually divided, but the other spouse may be left without a source of funds to meet their immediate needs.

Marital Debts

No one involved in a divorce wants to be stuck with debts run up by their spouse – particularly if they were run up after the separation. Joint credit cards or lines of credit can either be closed, or the bank can be notified not to allow any new borrowing. Give your spouse fair notice that you are doing this, so he or she will know not to use that card, and can make other arrangements for any bills that are being paid automatically.

Documents Are Important in a Divorce!

You will need some basic documents to handle your finances in the future: things like tax returns, investment or property records. This is particularly important if your spouse was the one who handled the money during the marriage: your divorce lawyer will want to know what was owned during the marriage and at the time of separation. To be fair, make a copy, or scan these documents, rather than take the only copy.

Dividing Personal Property in a Divorce

Major items of property will be divided during a divorce, but there are many things of lesser value that are important to us. Your favorite coffee cup, your Grandfather’s fishing rods, etc. Ideally, you and your spouse should reach an agreement about these things, but make sure that you have them when you leave, or shortly thereafter. If your divorce ends up being contested, the court will want to focus on the larger items, and you don’t want to end up paying a divorce lawyer to chase after them for you.

LEGAL SEPARATION IN PENNSYLVANIA

Divorce Rings

In Pennsylvania, unlike many other states, it is not necessary to obtain a court order to become legally separated. In fact, it is possible to obtain a Divorce without ever separating.

For most couples, separation occurs when one of them moves out and establishes a separate home. In some cases, particularly when financial reasons make separation impossible, separation can be said to have occurred when the parties begin leading separate lives.

Although separation is usually voluntary, in cases involving serious abuse, a Protection From Abuse Order can require the abuser to stay away, and award temporary possession of the marital home. For more information about abuse, see my blog post What Is Abuse, or visit the Pennsylvania Coalition Against Domestic Violence‘s Website.

Why is the Date of Separation Important in a Pennsylvania Divorce?

Although separation isn’t necessary in a Pennsylvania Divorce, the date of Separation is often an important fact, which is used to determine what is considered to be marital property, and can be divided in a Divorce. Division of Property in a Pennsylvania Divorce?

What Is a Pennsylvania Separation Agreement?

A separation agreement is a private contract between two spouses. It is used to settle questions related to a Divorce, such as division of their martial assets and debts, child custody, child and spousal support or alimony, and other financial issues.

A separation agreement can be signed before the Divorce; when a Divorce is filed, the agreement will often be attached to, and incorporated into the final Divorce Decree. In other cases, an agreement is reached after a Divorce Complaint is filed; the separation agreement is used as the means of implementing this agreement.

How to Divorce in Pennsylvania

Un-Married

When we talk about Divorce, the most difficult issues are related to money – questions about distribution of property, or alimony. But the first question many people ask is more basic – what are the grounds for divorce?

Grounds for Divorce in Pennsylvania

Pennsylvania was the last state in the country to adopt a no-fault Divorce law. Before that time, in order to get divorced, it was necessary to prove that one party was at fault, and the other was free from fault. If both parties were to blame for the marriage’s failure, their punishment was that they were required to stay married to one another.

In 1980, Pennsylvania adopted a no-fault divorce law, which added two additional grounds for Divorce. The law now allows for divorce where the marriage is irretrievably broken, without regard to fault. This can be done based on mutual consent, or, if one party withholds their consent, after a separation for two or more years. Although the fault grounds are still part of our law, they are almost never used: the no-fault law is easier, and less expensive.

Pennsylvania Divorce Procedures

The process is fairly straight forward: although most persons obtaining a divorce will need a lawyer to make sure that the proper forms are filed. The following is a simplified version of the process, which leaving out some of the technical requirements of the Rules of Civil Procedure. A Complaint is filed (which is a formal statement of your claims). This has to be served on the other party, usually by certified mail. If a person won’t sign for certified mail, the Complaint can be served by the Sheriff. If the Defendant cannot be located, after satisfying the Court that you have made a good faith effort to locate him or her, another means of service might be authorized, such as publication in a newspaper.

For a mutual consent Divorce, there is a waiting period of 90 days, from the date the Complaint was originally filed. If all other issues are resolved, and the parties each sign an Affidavit of Consent, the Court will grant a Divorce without a hearing.

If the grounds for Divorce are based on a two year separation, the person seeking the Divorce files and serves an Affidavit, stating that the marriage is irretrievably broken and the parties have been separated for at least two years. If the Defendant doesn’t file a counter-affidavit, the court will grant the Divorce.

Alimony and Property Issues in Divorce

Other issues can be joined to a divorce. Claims for Distribution of Property, Alimony, Alimony Pendente Lite (support during the divorce), or Counsel Fees must be raised before the Divorce becomes final – either by including them in the Complaint, or filing a separate pleading. Child Custody is handled separately: although it can be raised in a Divorce, most counties in Pennsylvania have a separate process for deciding custody issues.

If there are other issues, they will need to be resolved, either by a property settlement agreement, or having a hearing. In Blair and Cambria Counties, the Court will appoint a Divorce Master to hear the case. In Bedford County, the Judge will hear the case himself.

In most cases, all the issues will need to be decided before the divorce is final. In some circumstances, the court can bifurcate the case: this allows a Divorce Decree to be issued before a final decision is made on division of property or alimony.