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Recent Posts in Equitable Distribution Category

  • Dividing Retirement Assets in a Pennsylvania Divorce

    || 6-Nov-2017

    In the United States, there are two methods of distributing marital property in a divorce : 1) equitable distribution and 2) community property. Like the majority of the states, Pennsylvania follows the “ equitable distribution ” model, which aims towards a fair and equitable distribution of marital property, but it’s not necessarily equal or 50/50. If the couple cannot reach an ...
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  • Marital Property in Pennsylvania

    || 25-Sep-2017

    If you are on the brink of divorce in Pennsylvania, you may be wondering, “What counts as marital property? What property is subject to division?” Under the Divorce Code, all property acquired during the course of the marriage, with a few exceptions, such as property owned before the marriage, is marital property, regardless of who earned the money or whose name is on the title. ...
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  • Pennsylvania Marital Settlement Agreements

    || 1-May-2017

    If you are living in Pennsylvania and you’re researching a simple, uncontested, no-fault divorce, you probably have some questions. What will happen to my children? Can I work out property division without having an expensive divorce? Will we need a marital settlement agreement? Here at Cairns Law Offices, we specifically help married couples obtain simple, affordable, no-fault divorces for ...
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  • Paying Off Debt Before Divorce

    || 27-Feb-2017

    If you’re contemplating divorce, you know that one of the most difficult parts is dividing debt. Suppose your spouse agrees to pay off certain debts and they fail to repay one or more debts after the divorce is final – this can present a big problem. Even if a spouse has specific debt obligations spelled out in the divorce decree, that doesn’t mean that the other spouse is ...
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  • Can I Control Property Division in My PA Divorce?

    || 16-Jan-2017

    If you are headed for divorce and the laws and the whole process are new to you, there’s a good chance that you’re wondering if you can have any control over how your assets and debts are divided. Can you decide on a settlement? Or, is it all up to the judge? It can go either way – you and your spouse can decide on a fair settlement or a judge can decide for you; it all depends ...
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  • Divorcing? Get Your Finances in Line!

    || 13-Dec-2016

    Researchers estimate that 45 to 50% of first marriages end in divorce in the United States. For second and subsequent marriages, the divorce rate is even higher. You may ask, “Why is the divorce rate so high in the United States?” Many experts and divorce attorneys agree that two factors play a key role in the rate of divorce: 1) women are more economically independent than ever ...
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  • Am I Responsible for My Spouse's Debts?

    || 17-Aug-2016

    One of the reasons why people put off divorce is because they're afraid that it's going to get complicated, and that is an understandable fear. When you factor in a couple's assets, children, and debts, there is a lot of sorting out that has to be done. Some couples decide to stay in an unhappy marriage because they feel overwhelmed at the prospect of severing their financial ties. ...
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  • Dividing Debt in a Pennsylvania Divorce

    || 18-Jul-2016

    If you live in Pennsylvania and are headed for a divorce, you will not only need to decide how to divide your assets, but you and your spouse must address your debts. Pennsylvania is an " equitable distribution " state, which means that a married couple's marital assets and debts are divided in a fair and equitable manner – but not necessarily equally. Ideally, you and your ...
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  • Divorce & the Financially Dependent Spouse

    || 21-Dec-2015

    In community property states, such as California and Nevada, a couple's marital assets are divided 50/50 during a divorce. That's not the case in Pennsylvania, which is an "equitable division" state. Under Pennsylvania's divorce laws, a married couple's assets are divided equitably, which doesn't always mean "equally." If a couple cannot reach a settlement ...
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  • Should I Sell the House During My Divorce?

    || 26-Oct-2015

    It doesn't matter how friendly a divorce is, it's still emotionally difficult. Factor in the house during that process, and it only adds to the stress of a failed marriage. Should you sell the house? That depends, and there is no "one size fits all" answer to that question. If you're seriously considering selling – as most couples do – there are things that can be ...
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  • What Happens to the House in Divorce?

    || 27-Jul-2015

    If you are getting a divorce and you and your spouse own a home, one of your biggest concerns will be what's going to happen to the house. This is only natural considering the fact that your home is likely the largest investment of the marriage. Married couples in Pennsylvania usually own their real estate as "tenants by the entireties." This is a form of joint ownership where ...
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