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Property Division Archives

Dissipation can lead to unfair property division outcomes

For many Pennsylvania residents, the sheer volume of tasks that must be accomplished during the course of a divorce can feel overwhelming. That can be especially true in cases where one spouse allowed his or her partner to handle the bulk of family finances. Failure to understand the full scope of marital assets makes it impossible to negotiate a fair and favorable division of wealth during the property division process.

Inmates face particular property division challenges

When a Pennsylvania resident is incarcerated, he or she is largely cut off from the outside world. That can pose a problem in cases where the inmate wishes to seek a divorce. Very often, divorce, child custody and property division are matters that are nearly impossible to navigate while behind bars.

The role of business valuation during property division

Owning a successful business is often the culmination of many years of dedication, toil and sacrifice. For many Pennsylvania residents, building their business and supporting that growth has been the primary focus of their adult lives. When a divorce seems inevitable, many business owners are understandably concerned about how the property division process will impact their bottom line.

Collaboration can yield property division advantages

For those in Pennsylvania who are going through a divorce, it is important to understand all available options in the beginning stages of that process. While most spouses are familiar with a traditional litigation approach, they may not be aware of the advantages available through collaborative law. A collaborative divorce is simply one in which both parties agree to work together to reach an agreement outside of court. For many families, there are a number of property division advantages that come with a collaborative divorce.

Consider moving expenses during property division negotiations

Divorce brings about a great many changes in the life of a Pennsylvania resident. For many, moving out of a shared home and into a new place is one of the biggest changes that will take place during a divorce. That process can be costly, and it is important to consider those expenses while negotiating a property division settlement. Reaching an outcome that allows both spouses to enjoy a degree of financial stability should be a shared goal of every divorcing couple.

State compels spouses to collaborate on property division, more

Many Pennsylvania spouses have heard the term "collaborative divorce," but are uncertain how that process actually plays out. Because collaboration is still outside of the norm in divorce law, many people immediately eschew it as a valid option. That is unfortunate, because there are a number of advantages to taking a collaborative approach to reaching a divorce settlement. One state has gone so far as to legislate divorce, and now requires couples to at least attempt to work out matters of child custody, property division and more on their own, outside of court.

Parents sometimes insist on prenups to protect property division

Many Pennsylvania residents enter into prenuptial negotiations because they want to go into their marriage with a clear understanding about how assets would be handled in the event of a divorce. There are cases, however, where it is not the prospective spouses but their families that insist that a prenuptial agreement be put into place prior to the marriage. That may seem like an overbearing approach, but families who take this stance do so out of concern for their loved ones, and a desire to protect against significant losses in the event that a property division process should become necessary down the line.

Pennsylvania property division: Don't forget the QDRO form

Going through a divorce? Have retirement accounts to split? Before agreeing to or submitting a property division settlement for final approval, Pennsylvania residents need to make sure that they have filled out and filed qualified domestic relations order forms. If they do not, they will only hurt themselves financially in the long run.

When it comes to property division, be careful what you wish for

Figuring out how to divide marital property when a relationship comes to an end is not always easy. There may be certain consequences associated with a property division settlement that you may not consider at first. At the end of the day, how your property is ultimately divided can end up affecting other areas of your divorce settlement. For this reason, it is not wise for couples in Pennsylvania to rush through this phase of the dissolution process.

Property division and nesting: How do they work together?

After divorce, in an effort to keep things as normal as possible for children, some parents in Pennsylvania and elsewhere are turning to the living arrangement known as nesting. This is not something that a judge will order. Rather, it is a personal choice made by parents and the arrangements have to be carefully put together through out-of-court negotiations. There are many issues that can arise from such an arrangement, particularly where property division is involved.

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