Under the best of circumstances, divorce is never a natural process. Often, one of the biggest headaches and the most significant cause of the trouble is “who gets what?” There may be a fight over who stays in the house or who takes the car, or – in some cases – who has the children. To all that, another headache sometimes may be added to the search for a fairly smooth and fairly fair parting. That headache, which may sound funny but is not or may sound easy but is often not, could be called “who gets the guns?”
The Second Amendment to the U.S. Constitution had many initial versions but was ratified in 1791 in this form: A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep or bear arms, shall not be infringed.” The law has remained in this form over the years, despite numerous attempts to change or void it in a continuing dispute over “gun ownership and “responsible gun ownership.”
Marital Property Laws in Pennsylvania
In the State of Pennsylvania, any money earned or any property that is acquired during a marriage is considered to be mutual (or marital) property, such as the money that a spouse earns during the marriage. However, so-called “non-mutual” or separate property can be retained by the spouse who bought it or acquired it before the wedding. That would include gifts or inheritance money. Also included would be a property that a spouse purchased between the couple’s decision to separate and divorce.
In deciding on issues of money or property in a divorce, Pennsylvania uses “equal distribution.” That means the court’s decisions must “be fair.” However, that does not necessarily mean that each spouse will get exactly half of the money or property. The distribution is also based on other factors, such as the income, age, and health of each spouse and the ability of either one to take care of him- or herself.
Even with the best of intentions, settling “who gets what” in a divorce is rarely an easy process. However, it can be made “easier” with the help of an experienced family law attorney who can explain the laws that govern Pennsylvania and can keep communication between you and your spouse on an equal and understandable level. At the Martin Law Firm in Montgomery County, that is our focus and our expertise.
In addition to our knowledge and understanding of marital and divorce laws in Pennsylvania, the Martin Law firm will begin the divorce process with an initial discussion that is not only affordable but is based only on your needs and your goals. We will discuss not just what you need to accomplish but will make sure that you understand the laws in the state that govern this process.
If divorce has entered your life, call the Martin Law Firm in Montgomery County. We know the laws that govern this process in the state. Call us now because we can help.