The statutes regulating divorce are slightly different in every state. The existence of so many different divorce statutes and a variety of important legal cases in different jurisdictions can lead to people developing very inaccurate ideas about what transpires during divorce.
People who hear stories from popular authors or social acquaintances may assume that they can apply the details of those circumstances to an upcoming divorce. However, every divorce is unique based on both marital circumstances and the location where a spouse files. The rules in Pennsylvania are different than the rules in West Virginia or Ohio, for example.
What can divorcing spouses in Pennsylvania expect to occur with their resources when they divorce?
The Pennsylvania focus is on fairness
In community property states, property division can be very predictable if the matter goes to family court. In some jurisdictions, the expectation is that a judge should divide marital resources equally between the spouses. They may also have to evenly split financial responsibility for marital debts.
Pennsylvania is not a community property state that begins with an assumption that an even distribution of assets and debts is necessary. Instead, state statutes establish an equitable distribution rule. If property division matters go to court, a judge should try to establish arrangements that are fair based on the circumstances of the marriage.
Judges look at the length of the marriage and the earning potential of the spouses. They consider unpaid contributions that the spouses may have made to the family and any sacrifices they may have made, such as one spouse giving up their career to stay home and raise children. What is fair can be significantly different from one case to the next.
Spouses generally need to understand that the fair or equitable outcome typically does not factor in marital misconduct. Unless there is proof of specific types of financial misconduct, such as dissipating marital property or hiding assets when making disclosures, bad behavior rarely has much bearing on property division determinations.
Spouses can set their own arrangements
The good news for those who dislike uncertainty and worry about litigating property division is that they don’t have to follow that path. Spouses always have the option of settling if they can reach a mutually-agreeable compromise.
Couples can set whatever terms they both agree are fair regarding property division without needing to make formal disclosures to the courts or give a judge authority over their final decisions if they pursue uncontested divorce proceedings. For some couples, the control and privacy of uncontested divorce can make certain property division compromises worthwhile.
Spouses should be able to secure a fair property division outcome whether they work cooperatively with one another or litigate major decisions. Learning about how the Pennsylvania family courts handle different complex matters can be beneficial for those preparing for an upcoming divorce.
