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Family Law Frequently Asked Questions
- Q: My spouse wants a divorce but I do not! Is there anything that I can do? A: Yes there is something that you can do. In Pennsylvania the law provides for an attorney to request that the judge order the parties to attend marriage counseling! Additionally if you do not want the divorce, you can refuse to sign your "consent" to the divorce and this will bide you time, up to two years, to be exact. After two years of separation however, your consent is no longer required for the other spouse to be granted the divorce.
- Q: My spouse and I have children and we are concerned with how the divorce will effect them. A: Your concerns are justified! Divorce is not a fun thing for anyone involved. This is why a good attorney will first advise you to seek marriage counseling. Family counseling is also recommended if Husband and Wife cannot resolve their issues. My law office can refer you to counselors if you request. An attorney is not just a lawyer but also a "counselor at law". Attorneys have the duty to counsel you as to the best thing for all involved, including your fragile and precious child(ren).
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- Q: How long will a divorce take? A: The answer to this question depends on how long you and your spouse have been separated. If you have been separated over two years your divorce can be final in just a few weeks, if you have both agreed to the divorce and to any outstanding issues of property splitting, custody, etc. If you have been separated over two years and do not agree to the divorce and/or the terms, the legal process can take over two years from the date of separation. On the other hand, if you have been separated less than two years your divorce can be final in three months, if you have both agreed to the divorce and to any outstanding issues of property splitting, custody, etc. If you have been separated less than two years and you do not agree to the terms of the divorce, the legal process can take over two years from the date of separation.
- Q: The splitting of "marital property" I assume means the splitting of the equity of our home--is that all? A: Equitable Distribution of the marital property does include the distribution or splitting of the equity in the marital home(s). However, "marital property" is generally all property acquired between the date of marriage and the date of separation. Marital property includes investment properties, pensions, 401(k)s, investments, stocks, bonds, contents of the home, increase in value of inheritances, and more. All of this property to be divided is offset by any outstanding debt.
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