Divorce

If you are facing the possibility of the end of a marriage, there are a multitude of concerns you will have. DiFiore, Levin and Brittenburg, LLC will work with you to develop a comprehensive plan to address your concerns, whether they concern a contested or uncontested divorce, child support, child custody, or the division of marital property.

At DiFiore, Levin and Brittenburg, LLC, we are responsive to your needs, available to answer your questions, and provide thorough guidance and a steady hand through this trying and stressful time.

The division of property can be a complex process. It often involves:

• Identification of Marital Property: Determining what assets are marital and what is separate.
• Valuation of Assets: Assigning a fair market value to each asset.
• Division of Assets: Allocating assets to each spouse, either through a negotiated settlement or a court order.
• Debt Allocation: Dividing marital debts between the spouses.

Pennsylvania follows the principle of equitable distribution when dividing marital property. This means that the court aims to divide property fairly, but not necessarily equally. The court considers various factors to determine a just division:

• Length of the Marriage: Longer marriages often result in more equitable divisions.
• The Age, Health, and Station in Life of Each Party: The court may consider factors like age, health, and future earning potential.
• The Contribution of Each Party to the Acquisition, Preservation, or Increase or Decrease in the Value of Marital Property: This includes both financial and non-financial contributions, such as child-rearing or homemaking.
• The Economic Circumstances of Each Party, Including the Earning Capacity and Ability of Each Party to Support Himself or Herself: The court may consider future earning potential and the need for support.
• The Conduct of the Parties During the Marriage: While marital misconduct is generally not a factor, extreme cases of abuse or financial mismanagement may be considered.
• The Tax Consequences of the Proposed Division: The court may consider the tax implications of different division options.

Before dividing property, it’s crucial to identify what constitutes marital property. This typically includes:

• Assets acquired during the marriage, regardless of who holds the title.
• Income earned during the marriage.
• Increases in the value of assets acquired before marriage, due to marital efforts.

Separate property is generally not subject to division. This includes:

• Property owned before the marriage.
• Inheritances and gifts received during the marriage.
• Property acquired after the legal separation or filing for divorce.

Our skilled family law attorneys can help you navigate the complexities of property division. They can:

• Identify and value your assets and liabilities.
• Negotiate a fair settlement with your spouse or their attorney.
• Represent your interests in court, if necessary.
• Advise you on the tax implications of different division options.