FAMILY LAW
THE FAQS OF DIVORCE
INDUSTRY INSIGHT
W
hen considering
divorce, many people
are flooded with
questions and concerns. They
have little to no experience with the legal system prior to a divorce
action, so in addition to the emotional toll of separating from a
spouse, they are forced to go through a new and scary process.
Below you’ll find some of the most common initial questions we are
asked by potential clients.
How long will this take?
The length of a divorce from start to finish can vary wildly
depending on the facts of each case. For an uncontested divorce,
where both parties are in agreement with the divorce and have
resolved all economic matters, it may take no longer than a few
months. Pennsylvania law has a mandatory 90-day waiting period. A
contested divorce, or one where parties can’t agree as to the division
of assets, requires a year of separation before a court will intervene.
Are there options on how to move forward with a divorce?
Absolutely. Many people think of the courts when divorce is
mentioned. While traditional litigation is one way to move forward
with a divorce action, it is certainly not the only option. Litigation
involves bringing the matter to court where a judge or hearing
officer has the ultimate authority to make decisions on the division of
assets, alimony and other matters.
Mediation involves the parties hiring a certified mediator, a neutral
third party, to assist them in
coming to an agreement. The
agreement reached in mediation
is called a “Memorandum of
Understanding,” which is non-
binding but can be converted
into a binding Marriage
Settlement Agreement after the
fact.
Parties may also want to
consider collaborative divorce,
where both parties hire attorneys
who are trained in this type of
process and agree to resolve
the matter outside of court.
Together with their attorneys,
and perhaps neutral financial and
mental health professionals, the
team participates in meetings
using interest-based negotiation
(rather than positional based) in
a private, dignified and respectful
environment.
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factors a court would consider
when making a determination on
alimony, its length and amount,
like the earnings and earning
capacities of the parties, the length of the marriage, standard of
living and needs of the parties. Alimony is taxable to the recipient
spouse and tax deductible to the paying spouse.
My retirement accounts are in my individual name—that means
my spouse can’t touch them, right?
Not necessarily. Pennsylvania generally defines marital property
as anything earned or acquired during the marriage. This means that
contributions to a retirement account made during the marriage
are considered to be marital. The titling on assets is not dispositive
of whether such property is ultimately determined to be marital or
non-marital. For example, a house purchased during the marriage
will typically be considered marital, regardless of whether it is in one
spouse’s individual name or in joint name with few exceptions.
Is Pennsylvania a 50/50 state?
No. While Pennsylvania law involves the equitable distribution of
property, this does not necessarily mean equal. The court will look at
11 factors to determine an equitable split. These factors include the
length of the marriage, the contribution of one party to the earning
power of the other, the income available to each party, the skills,
training and experience of the parties, and the standard of living
established during the marriage. While cases may result in a 50/50
split, facts can also support an
award that is skewed in the favor
of one party.
www.mcmorrowlaw.com
Isn’t it true that I get one year
of alimony for every three
years of marriage?
No. Pennsylvania law does
not have a set formula for
calculating alimony. Alimony
is not guaranteed, but rather is
utilized as a secondary remedy
if, through the division of asse ts,
one spouse cannot meet his/her
reasonable needs. There are 17
My spouse cheated—is that
going to get me a better
settlement?
It depends. One of those 17
factors of alimony is “marital
misconduct,” which can include
adultery. While many people
automatically assume that
adultery results in the wronged
spouse receiving more money or
property, this is not always the
case. Marital misconduct is not a
factor when dividing assets and
debts.
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. 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, and also a founding member
of Collaborative Solutions North. 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 | Summer 2017 | icmags.com 15