Divorce
Divorce
At Mobilio Wood we are dedicated to helping our divorce clients rebuild their lives and their families. We work with you to satisfy your needs and to establish a game plan you are comfortable with to get you the resolution you are looking for. We understand that no two circumstances are the same and each divorce matter may require a different strategy or solution. Whether by agreement, or aggressive litigation, we work with you to choose the best path.
Regardless of how the parties get there, the divorce process can feel overwhelming. There can be many different facets to a divorce action, including division of assets and debts, child/spousal support, alimony pendente lite, alimony.
No-Fault v. Fault Divorce – What is the Difference?
The most common type of Divorce in Pennsylvania is a no-fault divorce. This is largely due to the fact that there is no real advantage to the filing of a fault-based divorce where a no-fault divorce is available. There are two types of no-fault based divorces available in Pennsylvania: §3301(c) “consent divorce”, where both parties consent to obtaining a divorce, and §3301(d) when the parties have been separated for a period of more than one year. In a no-fault “consent” divorce, there is a mandatory ninety (90) day waiting period from the date of commencement of the action. In a no-fault divorce where the parties have been separated for a year or more, there is a separate process that requires specific forms to be completed, filed, served and there are specific rules with regard to timing.
But what about fault-based divorces? The following are the grounds for a Fault based divorce in Pennsylvania: (1) Willful and malicious desertion; (2) Adultery; (3) Cruel and Barbarous treatment; (4) Bigamy; (5) Imprisonment; (6) Indignities.
Spousal Support/Alimony Pendente Lite (APL)/Alimony
In a Pennsylvania divorce action, there are three types of support awards available: (1) spousal support, (2) alimony pendente lite (APL), and (3) alimony. Most people are familiar with spousal support and alimony, but not many are familiar with APL. Both spousal support and APL are pre-divorce support and are calculated using the same formula in Domestic Relations. Alimony is post-divorce support and is awarded in a divorce based upon the alimony factors. It is important to note that spousal support does not require the filing of a Divorce Complaint, however one should be mindful of the various defenses available to the paying party. Once a Divorce Complaint is filed, however, support can be characterized as alimony pendente lite or “alimony pending litigation”, and there are very limited defenses to receipt of that type of support.
The attorneys at Mobilio Wood are versed in practice and procedure in Domestic Relations where these matters typically begin. Whether it is to obtain a support award to secure you financially, or you are trying to combat paying a large support order you may not be able to afford, the attorneys at Mobilio Wood know will advocate for you.
Equitable Distribution
Equitable Distribution is the division of marital property, including both assets and debts. Marital property can include all property acquired by the parties from the date of marriage, to the date of separation. This can include real estate such as the marital residence, retirement accounts, bank accounts, credit card debt, family business, vehicles, etc. There may be, however, certain assets or debts that are non-marital. It is vitally important to understand the definition and nuances of both marital and non-marital property.
To successfully achieve equitable distribution, whether it be by agreement, or before a Divorce Master, all the assets and debts of the marriage must be identified, and their values ascertained. It is important to note that the word “equitable” does not necessarily mean “equal.” The Court is required to equitably divide the marital property, not simply split everything in half.
This is largely the most time-consuming aspect of a Divorce; but attention to detail, organization, and knowledge of the various implications of dividing each piece of marital property and how that is done, is critically important to successful resolution.
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Online or by telephone at (610) 882-4000 to speak to Attorney Mobilio about your divorce matter. We serve all of eastern Pennsylvania including the Lehigh Valley, as well as the counties of Bucks, Carbon, Monroe, Montgomery, Lackawanna, Luzerne, Delaware and Philadelphia!
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