Divorce can be very serious, scary, confusing, and costly. Divorce is one of the toughest times emotionally and financially people experience. Whether it is amicable or miserable, there are many issues that need to be addressed. Often these issues exacerbate the intense emotional burdens associated with a divorce. Whether you are attempting to separate the equity in your home, retirement accounts, savings, or battling custody; there are options.
There are many variations of options and outcomes when dealing with a Divorce. All depend on the facts of your case. At Banks Law, we fully understand the legal problems facing our clients and the options available for a positive outcome.
Do not hesitate and wait, take control of your legal situation. Allow Banks Law to assist you every step of the way. Contact Attorney Matthew B. Banks directly at 844-815-9632 to evaluate your options.
By definition, marriage is a civil contract between one man and one woman (may soon change). In Pennsylvania the parties must obtain a marriage license and the marriage must be solemnized to have a statutorily valid marriage. Once the parties are married, there are three ways to legally dissolve the marital contract. The parties must petition the court to order the dissolution and can claim either Fault or No-Fault Grounds (Bilateral or Unilateral). Additionally, the parties must decide how they are going to allocate the marital property, determine support/alimony, and custody of the children. This can be established either through a negotiated settlement, mediation, or by the court. A general discussion of divorce and marital property is below. For a detailed consultation, please contact us at 844-815-9632.
Grounds for a Divorce
Essentially, a fault divorce is when one party is claiming that they should no longer be bound to the marital contract because of the actions of the other spouse. There are seven justifiable “grounds” for a fault divorce. They are desertion, adultery, cruel and barbarous treatment, bigamy, imprisonment, indignities, and insanity or serious mental disorder. Asserting grounds for a fault divorce requires that you establish the claim with the court. This can be very costly and time consuming. In a vast majority of cases this is the least desirable method for obtaining a divorce. Additionally, the Pennsylvania Divorce Code limits the party’s ability to bring a fault divorce if no-fault grounds are met.
No-Fault Grounds for a Divorce – Bilateral or Unilateral
A bilateral or mutual consent divorce is granted by the court when both parties to the marriage acknowledge to the court that the marriage is irretrievably broken (not very likely the marriage will be salvaged) of and ninety days elapsed since the commencing the divorce action.
A unilateral divorce will be granted if the parties can establish that the marriage is irretrievably broken and they have lived separate and apart for at least two years.
Basically, all property acquired during the marriage, with a few exceptions, is considered marital property. Increases in the value of non-marital property (property acquired before the marriage) is also considered marital property. This includes Pensions, Businesses, Houses, Retirement Accounts, Cars, and so on.
When determining the allocation of marital property, the parties can negotiate an agreed upon Property Settlement Agreement, whereby the parties set forth who gets what or the court can decide via equitable distribution. Equitable distribution means that the court (a Judge) will divide the marital property fairly between the parties. This does not mean that it will be split 50/50; however, the judge will look to a few factors (length of marriage, prior marriages, contributions of the parties, age, health, etc.) and make their decision. Bottom line, the parties can decide or a judge can decide how to split up the property.
Why are good people choosing Banks Law?
At Banks Law, we fully understand that each case presents a unique set of facts, problems, and options for resolution. From the outset, Banks Law commits itself to providing each client with a thorough understanding of the case before them by answering every question and exploring all available options. We achieve this goal by personally dedicating ourselves to an in depth, hands-on approach that has a proven track record of positive results. Here is what some of our recent clients have said about us:
“I was going through a long divorce with another attorney who I felt was not on my side. I was told by a friend to speak to Matt Banks so I did. He consulted me and explained every detail to me. Matt advised me in all the right ways. He really had my best interest and turned things around in a timely fashion getting me results that were above and beyond my expectations! He guided me to a successful end of a bad situation. I highly recommend him and can say he is an Outstanding lawyer! Top in his field.” C.A.
“The most reliable person I have ever met, as an attorney and a friend. Unfortunately when I needed a lawyer at one of the worst times of my life, I was extremely lucky to meet Matt. He explained everything to me in a way I could understand. He was extremely knowledgeable and answered every question I had. I would recommend him to anyone e I know. If I ever need his services again, there is no question, I would consult him again and again.” M.N.
“You Want This Guy On Your Side! Matt has now helped me out a couple of times, and each time has been very successful. He is always extremely honest and informative, and was able to get me to learn to relax. When Matt tells you that he will take care of something, you can trust that he will do so quickly and effectively. If you need a professional lawyer that you can count on, Mr. Banks is certainly the man you want!” N.B.
“It was an absolute privilege to have worked with Matthew Banks and to have been represented by him. His superb attention to detail, problem-solving ability, communication and negotiation skills, and legal prowess make him among the best lawyers we have encountered. Matthew earned the respect of all parties throughout our court proceedings, building an atmosphere of mutual respect and understanding which ultimately resulted in the most desirable outcome for all parties. There is no question that we will use Matthew Banks again for future legal proceedings. He has my utmost respect and highest recommendation to anyone searching for the most professional and effective legal representation.” S.Z
“Mr. Banks moved quickly and confidently into my case and managed to wrap things up while keeping me updated and informed on every move. He always kept my best interest in the forefront.” K.G.
“Attorney Banks was most professional, yet compassionate, when we shared facts with him. He listened and pointed us in the right direction, all the while maintaining the up most professionalism and respect. He was patient, clear and concise, and reviewed things as needed to make sure it was understood. After several months of indecision and not sure who to turn to, Attorney Banks finally had everything on the right path, gave me clear specifics, and offered to keep in touch to make sure all worked out well for us. Our family only has the highest regard for Attorney Banks, and would highly recommend him to anyone who is seeking a true credit to the legal profession. We are so very grateful for the personal recommendation of Attorney Banks, and hope that we, too, can help someone else as well. Our confidence in the legal profession is greatly restored! Kudos, Attorney Banks!” T
Do not hesitate and wait, take control of your situation today by contacting us at 844-815-9632 or submit a Contact Us request below and we will contact you.