H
INDUSTRY INSIGHT
FAMILY LAW
ow easy would it be to
get divorced at your
kitchen table? You would
not have to worry about going
to court, spending thousands of
dollars in legal fees, hiring financial
experts or putting your kids in a
difficult position where they might
have to testify. If this appeals to
you, then consider what is called
“the kitchen table approach.”
This approach tends to be the
least expensive way of parting
ways. However, it is usually
reserved for those couples
who can communicate and are
somewhat amicable. It requires
trust in each other and at least
some knowledge of your finances.
It can involve one lawyer or two
and it is legal and binding if done the right way.
So how do you do it? If you both know you are ready to sever
ties, then get your financial documents together, trying to use the
same date, considering your “date of separation.” What is your date
of separation? It can be the date you both decide to call is quits or
just an arbitrary date you both agree upon. Review the statements
looking at the balances of all of your bank accounts, retirement
accounts, whole life policies
cash surrender amounts, Kelly
Blue Book values on vehicles
and recreational vehicles, and
investment accounts. Discuss
what makes the most sense in
how to divide your assets. If you
own a home, think about who is
keeping it and how to buy the
other spouse out of the house.
If you plan on selling, talk about
timelines, which realtor to use
and when to list it. Above all,
you need to value your home
whether by appraisal (more
reliable) or a knowledgeable
realtor’s market analysis (usually
free).
When thinking about
supporting a dependent spouse
or minor children, exchange
budgets whether it is for the
house you are in or a future
home or rental. Look at what
your deficit is and see how you
both can make up the deficit and
how long the support should
continue. If you want to see what
the court-based child support
calculation is, consult with an
attorney. Should child custody
be an issue, talk about what
schedule will be in your children’s
best interests including how to
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share holidays and vacation time.
It is all about the kids and PA
recognizes children needing both
parents in their lives.
If you have debts, figure how
those will be divvied up. It is
usually easier for the person
whose name they are already in to
retain ownership of that debt but
in return he/she may get more of
the assets to offset the debt.
Once you have a general
framework for how to divide
things, find at least one attorney.
That attorney can represent
only one spouse (never both),
can draft a marriage settlement
agreement based upon your
agreed upon terms and file the
divorce complaint to get the clock
ticking on your 90 day cooling off period (mandated by PA law).
The spouse that goes “unrepresented” can consult with a separate
attorney to review the marriage settlement agreement before signing
to make sure he/she is not getting “raked over the coals.” Even using
an attorney on a limited basis for reviewing purposes only can really
save money and give you peace of mind.
Now, if things aren’t as amicable or easy to settle at your kitchen
table, you may want to consider
going through mediation or a
collaborative divorce. Both are
great ways to save money, time
and avoid ever setting foot in a
court room, while maintaining
control of your future rather
than leaving it in a judge’s hands.
If the communication and/or
cooperation just isn’t there, you
may be forced to litigate which
is usually the least cost effective
but may be your only option.
When thinking about a divorce,
do your due diligence and
consult with an attorney about
your process options to see what
will work best for you.
GET DIVORCED AT YOUR
KITCHEN TABLE
www.mcmorrowlaw.com
This Industry Insight was written by
Brooke B. McMorrow.
Attorney Brooke McMorrow is the
founding member and Managing
Attorney of McMorrow Law, LLC
located in Wexford, Pennsylvania.
McMorrow Law focuses on family law
matters such as divorce, custody, child
support, guardianship, estate planning,
and probate/estate administration in
Pittsburgh and the surrounding counties.
Attorney McMorrow is collaboratively
trained and a certified mediator. She is
licensed to practice in Pennsylvania and
New York. For a free initial consultation
call 724.940.0100 or visit the website at
www.mcmorrowlaw.com.
NORTH ALLEGHENY
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SPRING 2020
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