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Monroeville Legal Blog

What happens to student loan debt in a divorce?

Dividing up the assets is one of the most important parts of a divorce but splitting up the debts can be just as important. Student loan debt can be especially difficult to deal with during the divorce process.

Many Pennsylvania residents acquire a large amount of student loan debt before entering the marriage, while others acquire their student loan debt during the marriage. Generally, any debt you acquire before you say 'I do' is considered separate property and paying it off will be solely your responsibility.

How to tackle college tuition after a divorce

There is a common conception of how expensive divorce is. Between attorneys, asset division and court fees, it makes sense that divorce drains more than your wallet and emotions.

Unfortunately, divorce completely changes how you view finances. It’s especially tricky for parents who have to support themselves and children in the process. There is also a lingering question about your child’s future: how will I pay for my child’s education?

Calculating child support in Pennsylvania

When a couple with children decides to get a divorce, they will have to determine where the children will live and how much the non-custodial parent will have to pay in child support. Pennsylvania Courts use a complicated formula to calculate the child support owed each month.

Both parents are responsible for contributing to the child's needs in different ways. In a more traditional custody set up, the custodial parent, or the parent the child primarily lives with, will provide the child with things they need to survive, such as food, shelter, transportation, and clothing. The non-custodial parent, will contribute to these basic needs by making monthly child support payments.

Find your inner strength to get what you need in divorce

Divorce can be difficult for many reasons. You might fear being on your own, or maybe you struggle with whether you are making the right choice.

No matter the reason why you and your spouse are dissolving your marriage, you should stay strong to get what you need, and what you deserve, once your marriage is over. But how do you advocate for yourself throughout your divorce proceedings?

A durable power of attorney: what it is and what it does

Loved ones often have conversations in which they discuss what should happen if they become incapacitated due to health problems. There is a way for loved ones in Monroeville to formalize their wishes in this area. They can use a document called a durable power of attorney to set out what should happen in these cases.

A power of attorney is simply a written document in which a person -- called a principal -- gives authorization to another person -- called an agent -- to handle the principal's affairs. Powers of attorney have been used in business for a long time. It became clear that a power of attorney could be used for principals to express their wishes if they became incapacitated due to illness.

A quick introduction to child custody law

Divorce and separation can be full of contentious issues, but possibly the most contentious is child custody. Parents always have strong feelings about where their children should live and how they should be brought up. While sometimes parents in Pennsylvania can agree about how child custody should be handled, other times they need help from mediators or the court. This blog post will provide a quick introduction to how child custody issues are handled by family law courts.

When most people think of child custody, they are thinking about the concept of physical custody -- the issue of where the child will live. In many cases, one parent will have physical custody of the child. This means that the child lives with that parent most of the time. Usually, the other parent will have visitation rights. The other parent either can visit the child, or the child will be permitted to live with the other parent for brief periods of time. In other cases, the parents will have joint physical custody, where the child live with each parent for about 50% of the time.

When is it time to update your estate plan?

Some past posts of ours have discussed the importance of revising estate plans after a divorce or a new marriage. It makes sense to change the beneficiaries of a will, especially if a primary beneficiary was an ex-spouse. It also helps newly married parents plan for how to support blended families after they are gone.

However, there are many more reasons to review and update an estate plan than that.

How does the probate process work in Pennsylvania?

After a person dies, decisions must be made regarding the person's assets. "Probate" is the name for the legal process for determining the fate of much of a deceased person's assets. Probate happens regardless of whether the decedent had a will or not. If a decedent dies without a valid will, the assets are distributed according to Pennsylvania's rules of intestate succession.

A decedent's probate is handled by a person called the personal representative. A testator can nominate a personal representative in their will. A personal representative can also be named by the probate court. The personal representative's first duty is to assemble all the decedent's assets. Assets can consist of personal property, real estate, securities and more.

We offer compassionate, professional representation for divorce

Divorce is often portrayed as an unfortunate phenomenon and a bad thing. Yet there is plenty of evidence that divorce can be a good thing in the lives of many divorced people. This should always be kept in mind when spouses think about the pluses and minuses of divorce.

Not long ago, we talked about a study that investigated the impact of divorce on the lives of women who have experienced it. The researchers found that, especially in the first five years after a divorce, women were more likely to be happy than men were. The researchers suspected that women tend to have more advantages in navigating the post-divorce world. These advantages could include better support systems, better coping mechanisms and more skill at single parenting.

Protecting yourself from a high conflict personality in divorce

Are you married to someone who never takes responsibility for their actions?  Does your spouse focus on someone and blame them for everything rather than examine their own role in the disagreement and refuse attempts to solve the conflict?

These personalities are not rare, unfortunately. When it comes to divorce, they can uproot your life for months, even years in the future. Thus, if you suspect your spouse is a high conflict personality, you need to learn as much as you can in order to properly establish and maintain boundaries to effectively deal with their antics now, during divorce and beyond. Avoid being caught by surprise.

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