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Divorce & Equitable Distribution

Our attorneys have extensive experience guiding clients through the divorce process. We offer skilled legal counsel and personalized strategies to protect your rights and achieve your goals.

Facing a divorce in Pennsylvania? While divorce has become more common, that doesn’t diminish the emotional and legal complexities involved. The decisions you make now will significantly impact your future and the well-being of your children. It’s crucial to have the right information to navigate this challenging time.

At Raver Rawlings & Parker PLLC, we understand you have questions. Our experienced divorce lawyers are here to guide you through the process, explaining your rights and responsibilities every step of the way. You don’t have to face this alone. Contact us online or call (412) 712-0011 today to schedule a consultation and get the answers you need.

The path your divorce takes depends significantly on whether it’s contested or uncontested. In an uncontested divorce, when both parties agree on key issues like property division, spousal support, and alimony, the process can often be swift. However, if even one of these matters is disputed by either spouse, the divorce becomes contested.

Contested divorces typically proceed to trial unless an agreement can be reached beforehand. Often, mediation or other forms of alternative dispute resolution can be invaluable in helping couples find common ground and avoid the time and expense of litigation.

In Pennsylvania, the majority of divorces are “no-fault,” meaning you don’t have to prove your spouse did something wrong to get a divorce. A no-fault divorce is based on the concept of an “irretrievably broken” marriage, where the spouses are unable or unwilling to live together as husband and wife, and there’s no reasonable chance of reconciliation (often referred to as “irreconcilable differences”).

While no-fault divorce is the standard, certain situations may warrant pursuing a fault-based divorce, often for strategic reasons. Our attorneys can discuss your individual circumstances and advise you on whether this is the right approach for you.

Grounds for a fault-based divorce in Pennsylvania include:

  • Adultery: Infidelity during the marriage.
  • Abandonment: Leaving the marital home or refusing sexual relations for at least one year.
  • Cruel and inhuman treatment: Conduct that endangers the physical or mental well-being of the other spouse, making it unsafe or improper to live together.
  • Felony conviction: Imprisonment for at least three consecutive years.
  • Substance abuse: Addiction to drugs or alcohol that negatively impacts the marriage.

Fault-based divorces are typically more contentious. Contact us today for a consultation to discuss your options.

When a marriage ends in Pennsylvania, the law mandates that marital property be divided fairly and equitably between the parties. This doesn’t necessarily mean a 50/50 split. Instead, “equitable distribution” aims to achieve a just and fair division of assets and debts accumulated during the marriage, taking into account various factors.

Before equitable distribution can occur, it’s essential to identify what constitutes marital property. Generally, this includes all assets and debts acquired during the marriage, regardless of whose name they are in. This can encompass:

  • Real estate (homes, land)
  • Bank accounts, investments, and retirement funds
  • Vehicles
  • Personal property (furniture, jewelry, etc.)
  • Businesses
  • Stock options
  • Pensions
  • Debts (credit card balances, mortgages, loans)

What is Not Marital Property?

Certain assets are typically considered separate property and are not subject to equitable distribution. These usually include:

  • Assets owned before the marriage
  • Gifts or inheritances received during the marriage by one spouse individually
  • Property excluded by a valid prenuptial or postnuptial agreement

The court will consider several factors when determining a fair and equitable division of marital property. These factors may include:

  • The length of the marriage
  • The age and health of each spouse
  • The income and earning capacity of each spouse
  • The contributions of each spouse to the marriage (including homemaking and childcare)
  • The standard of living during the marriage
  • The economic circumstances of each spouse at the time of the division
  • Any other relevant factors

Equitable distribution is a complex process. It’s not simply about dividing everything in half. For example, one spouse may have contributed more significantly to the accumulation of marital assets, or one spouse may have a significantly lower earning capacity. The court aims to create a fair outcome that addresses the unique circumstances of each case.

Dividing marital property can be a challenging and emotional process. It’s crucial to have experienced legal counsel to protect your rights and ensure a fair outcome. Our attorneys at [Your Law Firm Name] can help you understand your rights and guide you through the complexities of equitable distribution in Pennsylvania. Contact us today for a consultation.

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Facing a family law matter in Pennsylvania? Raver Rawlings & Parker PLLC provides compassionate and experienced legal counsel during challenging times. We offer confidential consultations to discuss your unique situation and explore your options. Contact us today to schedule a convenient appointment.

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