Divorce may be the best option available for those who feel that their marriages have become unhealthy or unhappy. However, divorce can be incredibly unpredictable. Many people fear losing control over their finances or having reduced contact with their children. They may try to stay in a floundering marriage specifically because they don’t know what to expect if they divorce.
Misinformation spread online may only serve to exacerbate someone’s fear of divorce. Tall tales of people left without any property while their spouse retains everything dominate discussions of divorce on popular social media platforms. Such outcomes are rare despite their prevalence online.
Every state has a different approach to divorce and property division, but most of them seek reasonable solutions for disputes between spouses. What does Pennsylvania require for property division proceedings?
Pennsylvania prioritizes fair property division terms
The law in Pennsylvania allows spouses to settle their own property division matters. Couples can negotiate with each other or through their attorneys to divide the property they accumulated during the marriage and any debts they currently owe. Spouses always have the option of setting their own terms if they can agree with each other.
In cases where spouses cannot settle disputes about their assets and debts, they can ask a judge to divide their resources. In a contested or litigated property division case, spouses have to make thorough disclosures to one another and the courts. They must provide a comprehensive inventory of their assets and financial obligations. Even separate property that is not likely subject to division requires disclosure to the courts.
The judge can then consider the marital estate, the economic circumstances of both spouses, the length of the marriage and other key considerations when deciding the best way to divide marital property and debts. The law requires an equitable or fair distribution of assets. Factors ranging from earning potential and health to child custody arrangements can influence what a judge decides is reasonable for a family.
There are many different potential solutions for property division and the distribution of debts during Pennsylvania divorce proceedings. Those who litigate generally have no way of predicting the final decisions made by a judge. However, they can expect a fair property division decree based on the totality of their marital circumstances.
Learning about the rules that apply to Pennsylvania divorces can help people feel confident if they decide to file. Neither spouse typically walks away with everything or nothing at the end of the divorce process.
