The decision to divorce is a very stressful time for Pennsylvania’s families. In PA, divorce cases are classified as either Fault or No-Fault. As a divorce attorney located in Boothwyn, I can provide legal counsel to you and your family throughout this time.
Michael T. Malarick is an experienced Delaware County divorce attorney located in Boothwyn, Pennsylvania. The law office of Michael T. Malarick handles divorce cases in and around Delaware County, Philadelphia, Boothwyn, West Chester, Springfield, Ridley, Havertown, Glen Mills, Swarthmore, Media, Brookhaven and more. Call for a free initial divorce consultation today.
A Fault divorce can be granted to an innocent spouse if the other spouse has committed desertion, adultery, cruel treatment, bigamy, imprisonment for two or more years, or committed intolerable indignities. Another ground for divorce is Institutionalization- granted when a spouse is institutionalized for 18 months with a serious mental disorder with such confinement likely to continue an additional 18 months.
Delaware County Divorce Attorney Information
A divorce by Mutual Consent may be granted where it is alleged the union is irretrievably broken and 90 days have elapsed since the divorce litigation was begun. If you and your spouse are thinking about getting a divorce with Mutual Consent, contact our Delaware County divorce attorney today for a free consultation.
A No-Fault, or uncontested, divorce can be granted when the the complaint alleges the union is irretrievably broken and an affidavit indicates the parties have lived separate and apart at least two years.If the other spouse contests the affidavit, a hearing will decide if the parties have been separate and apart and whether the marriage is irretrievably broken. If the court determines that there is a reasonable prospect for reconciliation, the matter will be be continued for 90 to 120 days for counseling between the parties. Our Delaware County divorce lawyer can help you with a No-Fault or uncontested divorce in Delaware County or Philadelphia, PA.
Court mandated counseling is required whenever indignities have been alleged as grounds (up to 3 counseling sessions); mutual consent is alleged as grounds (up to 3 counseling sessions within 90 days); or, when one spouse disputes that the marriage has been irretrievably broken, and, either spouse requests counseling or the couple have a child under 16 years old.
An Annulment can also end a void or voidable marriage. Grounds for annulment exist where: 1) either party had an existing spouse (unless that party had a decree of presumed death of that spouse); 2) the parties were related within a specified degree of familial relationship; 3) where either party was incapable of, or did not intend to, consent to the marriage; and 4) either party to a common-law marriage was under 18 years old.
The assigned Judge may appoint a Master to hear all or some of the party’s evidence.
The divorce is finalized when the court issues a decree of divorce. The divorce decree shall include an order determining and disposing of the property rights and interests of the parties concerning issues, such as: 1) custody, partial custody, and visitation; 2) child support; 3) alimony; 4) reasonable attorney fees and costs; and 5) incorporating agreements voluntarily entered into between the parties.
Divorce Considerations
When a husband and/or wife make the decision for getting a divorce, other sensitive family matters, such as child care and child custody, need to be addressed. Also, making arrangements for the spouse’s and family’s financial needs is required.
Alimony, or spousal support, should be concluded before the divorce is final. Alimony pendente lite is a temporary order of support issued after the complaint is filed but before the divorce is final.
The parties may voluntarily enter into an agreement for alimony. Otherwise, the court may allow reasonable alimony after examining factors such as: 1) the earning and earning capacity of the spouses; 2) the age and mental and physical condition of the spouses; 3) the sources of income of the spouses (including medical, retirement, and insurance benefits); 4) the duration of the marriage; 5) the standard of living of the spouses during the marriage; 6) the relative needs of the spouses; and 7) the tax impact of the alimony award.
An alimony award may be entered for a definite or indefinite period of time. An alimony award may be modified if the circumstances of the husband and/or wife have changed, and, that change is of a substantial and continuing nature.
Child custody will be determined by the court unless the parents reach an agreement as to custody. The court will make their custody decision based on the best interest of the child.
In reaching child support decisions, the court will attempt to balance the ability of the parent to pay with the reasonable needs of the child.
The marital assets of the spouses are subject to an equitable distribution in a PA divorce. The spouses are urged to reach an agreement concerning the distribution of their assets acquired during the marriage. Only marital property, or all property acquired or earned during marriage, is subject to distribution.
Some of the factors a court will consider in the equitable distribution of marital assets are: 1)the length of the marriage; 2) any prior marriage of either spouse; 3) whether either spouse has significant non-marital assets; 4) the spouses age, health, and income; 5) whether either spouse contributed to the others increased earning potential; 6) the standard of living established during the marriage; 7) tax consequences of the distribution; and 8) which spouse will serve as the custodial parent of any minor child.
As marital assets are divided, so are marital debts. A marital debt is one incurred after marriage and before final separation, whether the debt was incurred by only one party. Marital debts can include items such as mortgages, loans, credit card balances, and tax obligations.
Delaware County Divorce Lawyer
Separate property is just what it says–that property which belongs to only one spouse. Separate property includes: 1) property acquired before the marriage; 2) inheritances and gifts received during the marriage; 3) property excluded by a valid prenuptial and postnuptial agreement; and 4) property acquired after separation. Separate property is not included in the equitable distribution of marital assets.
Our law office helps families and couples in and around Delaware County, Philadelphia, Havertown, Chester, Marcus Hook and more.For more information, call our experienced Delaware County divorce attorney today for a free initial consultation.
Delaware County Divorce Attorney Review
“After years of unhappiness, my husband and I decided to get divorced. It was a difficult decision, but we decided it would be best for our family. I was happy we could agree on taking the necessary steps. I chose Michael T. Malarick as my divorce attorney in Delaware County, PA and was extremely happy with him as my divorce lawyer. Michael was always able to keep things moving even when it seemed the legal proceedings would take a long time. Michael Malarick was always available to answer my questions and kept be aware of our situation. Michael was able to settle my divorce in a calm manner and helped us come to an agreement on all matters. I highly recommend Michael Malarick as a divorce lawyer.” 5/5 – Gabrielle
Other Practice Areas
- Child Custody Lawyer
- Wills and Estates Lawyer
- Chapter 13 Bankruptcy Attorney
- Divorce Lawyer Upper Darby, PA
