Five Common Myths About Divorce In Delaware County
If you have made the difficult decision to end your marriage, friends and family members may give you a lot of well-intentioned advice. While your loved ones may have meant well, this also results in many misconceptions and myths surrounding the process. These myths usually have very little basis in reality. Below, our Media divorce lawyer outlines the five most common myths, and the facts behind them.
You Will Receive Half of Everything
Community property rules dictate the division of property in several states. Community property law stipulates that marital assets and liabilities are co-owned by both parties and so, each side has the right to half of the property. Pennsylvania does not follow community property rules. The Commonwealth is an equitable distribution state, meaning that marital property is not necessarily divided equally but instead, it is divided fairly. The family courts in the state may try to ensure property division is fairly equal, but they can also deviate from this when necessary.
Alimony is Always Awarded
Many people think that one party or the other will receive alimony during the divorce process. Even if a judge does award alimony, or a couple can agree to these terms on their own, there is no set formula for determining an amount. Even attorneys with years of experience with divorce cases find it challenging to predict how much alimony will be awarded because it can vary by county and by court. The issue of alimony is also one that is always changing. For example, while indefinite alimony was very common at one point, it is much rarer today.
Divorce Cannot Be Finalized Before One Year
State law dictates that most divorce cases cannot be finalized until the couple has lived separate and apart for at least one year. This does not necessarily mean that your case will take that long. If you and your spouse can agree to all the different terms and obtain an uncontested divorce, you may be able to finalize your case before the one-year mark. If you and your spouse disagree on just one term, your case could take much longer.
Adultery Means You Will Lose Everything
In Pennsylvania, you can file for divorce based on fault ground or no-fault grounds. If you had an affair and it resulted in the end of your marriage, your spouse may file for divorce based on the grounds of adultery. An affair may impact certain terms of your divorce, such as alimony or property division if you wasted marital assets on the extramarital relationship. However, an affair will never result in the automatic loss of all marital assets.
You Do Not Need a Divorce Lawyer in Delaware County
There is no law requiring you to work with a Delaware County divorce lawyer when ending your marriage. However, having legal representation by your side will result in a settlement that is much more favorable. At Barbara Flum Stein & Associates, we can negotiate with the other side and help you finalize your divorce as quickly and easily as possible. Call us now at 610-565-6100 or contact us online to request a consultation and to get more information.
Source:
legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=33&sctn=1&subsctn=0
