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Recent Posts in Property Division 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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  • Divorce Inevitably Brings Change

    || 3-Jul-2017

    If you're headed towards divorce, you probably have a lot on your mind, especially if you have children with your spouse. Initially, you’ll need to decide on asset and debt division, child custody, and where you’re going to live. If you’ve been out of the workforce while raising your children, you may have to think about going back to work or school, or both. Right now, your ...
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  • Can Military Spouses Get a Cheap, No-Fault Divorce?

    || 15-May-2017

    Marriage in the military can be very difficult, especially upon young couples who have only been together for a short while. Young military families often have to deal with one deployment after the next and frequent moves while the non-military spouse has to maintain the household and the family all by themselves for months at a time. Sometimes loneliness, adultery, or the strain of physical ...
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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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  • Cheap, No-Fault Divorce in Pennsylvania

    || 10-Apr-2017

    If it were easier to get divorced in most states, we’d probably have more divorces, now wouldn’t we? For many unhappy spouses, splitting from their spouse is not the issue, but the process is what stresses them out, and reasonably so! If you’re a resident of Pennsylvania, getting divorced doesn’t have to cost you $2,000, $4,000, or even more like it does in most parts of ...
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  • Benefits of an Uncontested Divorce in Pennsylvania

    || 20-Feb-2017

    If you’re a resident of Pennsylvania and you’re headed for divorce, you’re bound to hear certain legal terms thrown around, such as “uncontested divorce,” “ mutual consent divorce,” “no-fault divorce,” and “two-year separation rule.” For the purposes of this post, we’re going to shed light on uncontested divorce and what it ...
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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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  • Is a Cheap Divorce Too Good to Be True?

    || 9-Jan-2017

    For tens of thousands of couples, the “cost” of divorce keeps them from ending an empty, unsatisfying, or otherwise hollow marriage. They’ve heard of divorces costing spouses $3,000 to $5,000 each, if not more, and they’re afraid they can’t afford to end their unhappy marriage so they decide to “grin and bear it, sometimes for years on end. If you live in ...
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  • Can a Divorce Agreement Be Changed?

    || 27-Dec-2016

    If you have decided to get a divorce, you may or may not be apprehensive about the whole process. For example, if you and your spouse have minor children together and you have acquired some marital assets, such as a nice home with a little equity, you may be nervous about child custody and property division. When we represent clients in their divorce actions, we highly recommend that spouses ...
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  • Do I Really Need a Settlement Agreement?

    || 20-Dec-2016

    Instead of handling contested or litigated divorces, our firm focuses on helping spouses who are seeking an uncontested, no-fault divorce. While we may be the home of the cheap, “quickie” divorce, there’s nothing second rate about our services. While we’re big advocates of a fast, no-fault, mutual consent divorce, we do not promote that our clients obtain a divorce without ...
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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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  • What does Separate & Apart Mean During an Uncontested Divorce?

    || 5-Dec-2016

    With relationships changing in Philadelphia and across Pennsylvania and the country, definitions legal terms can be confusing. To help sort through the legal terminology for an uncontested divorce, we have dedicated this blog to explaining the meaning of the term "separate and apart" in Pennsylvania. You must be living separate and apart to get a Pennsylvania divorce. Our current ...
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  • Grounds for Divorce in Pennsylvania

    || 24-Oct-2016

    Are you contemplating divorce? If you decide to take the plunge, in your divorce papers you will need to indicate on what "ground" you are divorcing. In other words, you must note the reason why you're filing for a divorce. In Pennsylvania, spouses can file for divorce on both fault and no-fault grounds. If a spouse wants to file a "fault" divorce, he or she is essentially ...
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  • Dividing Retirement Assets in Divorce

    || 11-Jul-2016

    When couples divorce, they must decide what to do with the marital residence, they must decide on child custody and visitation, and how to divide their marital assets. Often, IRAs and 401(k)s come to play, and it's important that these assets are divided carefully and intelligently in order to avoid unnecessary taxes and penalties. The biggest issue with mishandling a retirement account is ...
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  • Will Moving Out Affect My Property Rights?

    || 5-Jul-2016

    If you are headed for divorce, you will have to decide who will stay in the house over the short-term, who will pay the lease or mortgage, and what will happen to the home. These are important factors to consider and you don't want to make a quick decision without first consulting with an experienced divorce attorney. Are you the breadwinner? If so, will you continue paying for your ...
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  • What Property is Divided in a Divorce?

    || 31-May-2016

    If you are headed for a divorce, you are probably curious about your rights to property under Pennsylvania's divorce laws, and reasonably so. What are you entitled to? Do you have to split up your marital assets 50/50? Here is what you need to know about property division in a Pennsylvania divorce. In the United States, there are two methods of dividing marital property: equitable division and ...
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  • Does an 'Emotional Affair' Count as Adultery?

    || 23-May-2016

    Ask any divorce attorney, and they will admit that a significant percentage of their divorce cases involve adultery. If your marriage was destroyed by an affair, it does not make your divorce stand out from other divorces. Instead, it means you fit right in. While many would argue that a Facebook affair or a string of racy text messages qualifies as "cheating," in the eyes of the law, ...
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  • Dividing Retirement Plans in a Pennsylvania Divorce

    || 25-Apr-2016

    If you and your spouse are getting a divorce and one of you has a retirement plan, you are probably wondering how the plan will be divided in your divorce. Generally, it is the retirement benefits that were acquired during the marriage (marital retirement benefits) that are subject to division. This means that the spouse gets to keep their "separate" benefits, which refer to the ...
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  • Pregnancy Hasn't Changed Megan Fox's Divorce Plans

    || 18-Apr-2016

    After 11 years of marriage, Megan Fox filed for divorce from Brian Austin Green in August 2015. Before she filed for divorce, the couple had already been separated for six months, according to Fox News. Complicating matters, the couple has confirmed that Fox is indeed pregnant with the couple's third child. Since Fox and Green are now expecting their third child together, does this mean that ...
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  • How Adultery Affects Pennsylvania Divorces

    || 11-Apr-2016

    If your marriage is in trouble and adultery is a factor, you may be wondering if cheating has any impact on a Pennsylvania divorce – this is a valid question indeed. Cheating destroys many relationships and marriages each year. If your marriage has fallen apart because you or your spouse had an affair, you'll want to know if the cheating will affect spousal support, property division, or ...
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  • Why You Want a Mutual Consent Divorce

    || 8-Mar-2016

    In many states, a spouse can be granted a divorce in about 6 months as long as he or she wants out, for example, this is the case in California, the state that spearheaded the "no-fault" divorce. Meaning, a spouse can get a divorce so long as he or she wants it, regardless if their husband or wife is okay with the split. In Pennsylvania on the other hand, it's not that easy to obtain ...
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  • Dividing Marital Property in a Pennsylvania Divorce

    || 29-Feb-2016

    If you are headed for divorce and you and your spouse have accumulated assets during your marriage, you may be wondering about your rights to marital property, and it is only natural to want to know what you are entitled to. Did your spouse work while you were at home raising the children? Did you both work throughout the marriage? Or, have you been supporting your spouse all these years? If ...
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  • Starting a Divorce in Pennsylvania

    || 15-Feb-2016

    Are you considering filing for divorce in Pennsylvania? If so, do you know what needs to be done in order for the process to get started? If you will be the one to initiate the divorce, you will be called the "plaintiff" and your spouse the "defendant." To begin, a legal document called a Complaint of Divorce will need to be filed at your local courthouse. The complaint will ...
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  • Pet Custody in a PA Divorce

    || 4-Jan-2016

    When people are divorcing, do they really fight over pets? You bet they do. If you pay attention to the headlines, you may have heard the recent story about the singer/actress, Mandy Moore and Ryan Adams, her estranged husband. Moore recently asked for spousal support to cover the costs of caring for the former couple's eight pets. While it's a unique approach, it's not one that ...
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