Pennsylvania Divorce Law

Marriage Separation in Canada Are you considering separating from your spouse? If so, below are some important facts and information regarding separations in Canada. We will clarify a few common misconceptions about separations and then help you to understand exactly what a Separation Agreement is and what it needs to cover. In fact, you can remain indefinitely separated from your spouse without ever filing for divorce. The only legal reason to obtain a divorce is if one partner wishes to remarry. In order to file for divorce in Canada you must first complete a full one year separation period. The only exception to this rule is if your divorce is filed under the grounds of adultery or cruelty. However, if you are using separation as grounds for your divorce, then you must be separated from your spouse for a minimum of one full year. You can begin the application process for divorce the day that you are separate, but the courts will not grant you your divorce until the full year has passed.

Dating During and After the Divorce

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separated siblings • Sibling issues within the foster or adoptive family While the Federal Government through the Fostering Connections Act has taken a leadership role in mandating reasonable sibling issues in foster Care and adoption

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Legal Separation

Now they can also divorce online. A Web site started last year by a Seattle attorney gives the unhappily wed in Washington, California, Florida and New York the option of dissolving their marriages online. Texas is next, and several other states are being considered. The site is the latest twist in a do-it-yourself trend.

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There are a few different ways to end a marriage – such as annulment or legal separation – but the most common way is through a divorce. The divorce process can vary from state to state and, depending on the circumstances, can be either be complicated and lengthy or quick and relatively easy. Even in the easiest divorces, however, there are specific rules that must be followed.

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The trial court’s refusal to award the wife any part of the lottery jackpot that the husband won during the parties’ separation was not an abuse of discretion. The parties married in and separated in The wife filed for divorce shortly after the separation. The trial court in the parties’ divorce action awarded the wife one-half of the pension benefits the husband accrued during marriage and a share of other assets but none of his lottery winnings.

The New Hampshire Supreme Court held that the decision not to award the wife any of the lottery winnings was not an abuse of discretion. The winnings were marital assets, the court acknowledged, because under the state equitable distribution statute, marital property includes any property acquired up to the date of a decree of legal separation or divorce. The court also acknowledged that the statute presumptively requires an equal division.

But if the trial court determines an equal division to be inappropriate after considering the parties’ property in its entirety and the enumerated statutory factors, it may find that equitable distribution of a marital asset means awarding it in whole to one party, the court declared.

How Living Together Affects Custody of Children From a Prior Marriage

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Make sure you read the basics of divorce or separation so that you know whether you want to file for divorce, legal separation, or annulment. If you want to file for divorce, also make sure you do not qualify for a summary dissolution, which is a simpler procedure.

Contact Us Dating During Divorce You may think that you’re free to start a new relationship once you’ve made the decision to separate or divorce, but it’s wise not to jump back into the dating pool until after your divorce is finalized. If you’re thinking about dating before your divorce is final — DON’T!

You may think that you’re free to start a new relationship once the decision is made to separate or divorce, but it is wise to hold off on the dating scene until after your divorce is finalized for a number of strategic legal and emotional reasons. When you start seeing someone else, it is like rubbing salt into your husband’s wounds. Believe me, he will likely react to the fact that you are dating by making your life hell during the divorce process.

He may seek revenge to compensate for the anger, hurt, and embarrassment that he feels you have caused him. Even if your husband has carried on numerous affairs during your marriage, he will not think that you are justified in seeing someone new at this time. All he will focus on is that he has been wronged and will want to seek justice anyway he can. He may try to even the score by fighting about custody of the children or how to split the marital estate.

If you have children, then you also need to realize that it’s in your best interest to try to keep a cordial relationship with your husband. You will most likely have ongoing contact with your husband after the divorce because of the children. Dating during your divorce can poison the spirit of cooperation and affect your life for a long time after the divorce is final and possibly after your boyfriend is history.

Legal Reasons not to Date Before Divorce As far as the courts are concerned, you are still legally married until the divorce is finalized. In states that recognize fault in a divorce case, dating during your divorce can be viewed as adultery.

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When you are going through a divorce, you may wonder whether you should be dating and if you do how it will impact your case. Once you are separated, even though the divorce is not yet final, you are permitted to date without it being considered grounds for adultery in the legal arena. While adultery is a factor in the consideration of an award of alimony, it refers to relationships that began prior to a separation not after.

Once a divorce complaint is filed you are clearly separated and for some that may now involve the choice to date. If you are entitled to support or alimony, you may date both during the divorce or afterwards. As long as you do not cohabitate, it will not affect your alimony award. Cohabitation can be found even if the other person has their own residence if they spend significant overnights with you.

Can Grandma and Grandpa Get Custody In Pennsylvania?

The answer to this straightforward question can be anything but simple. The first step in answering this question requires an understanding of the military’s prohibition on adultery. Article of the Uniform Code of Military Justice makes criminal the act of adultery when certain legal criteria, known as “elements,” have all been met. There are three distinct elements to the crime of adultery under the UCMJ: The first two elements of adultery under the UCMJ are fairly straightforward and shouldn’t require further explanation.

In other jurisdictions where the marital estate includes property acquired up until the date of divorce, courts have likewise refused to classify lottery winnings as separate property merely because one spouse purchased the winning ticket during separation. See, e.g., Lynch v. Lynch, Ariz. , P.2d (Ct. App. ); Alston v.

Even during a separation, both of you are responsible for paying any joint debts such as your mortgage loan. You must still pay your mortgage lender regardless of being separated or filing for divorce. Joint Mortgage Means Joint Liability The person liable for paying the mortgage during a separation is the person whose name appears on the mortgage note. If both your names are on the mortgage, then you are both legally responsible for making the payments.

Even though you’re separated, you need to continue to make your mortgage payments on time. Work out between you who is going to pay the mortgage or how much of it each of you will pay while you are separated. Get it in writing. When You Decide to Sell the Home Usually when a couple separates, they choose one of the following options as part of a property settlement: If you cannot agree, you will go to court and ask the judge to sort it out.

If you decide to sell the marital home to pay off the mortgage, you must deal with who will pay the housing expenses until the property is sold. You must also decide how you will divide any gain you receive from the sale. An additional consideration is whether the spouse who pays the mortgage until the home sells will be reimbursed before you divide the proceeds. When One of You Wants to Keep the House If one of you wishes to remain in the home while the other moves out, the ideal solution is for that person to buy the other spouse out and take the sole legal title to the property.

However, for this to work, the remaining person would have to have the mortgage transferred into her sole name, which means she would have to qualify for the mortgage loan on her own.

Adultery in Pennsylvania: Does Cheating Affect Alimony?

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It is Pennsylvania public policy, when in the best interest of the child, to assure a reasonable and continuing contact of the child(ren) with both parents after a separation or dissolution of marriage and the sharing of the rights and responsibilities of child rearing by both parents and continuing contact of the child(ren) with grandparents when a parent is deceased, divorced or separated.

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