David J. Cohen Law Firm, LLC

attorney AND COUNSELOR AT LAW

Divorce

A Divorce is where two people, who were married, have decided to Divorced from the bonds of matrimony. There are two kinds of actions for divorce, no fault and fault.   Before even filing for a divorce, you have to make sure Pennsylvania has jurisdiction to even hear the case, or your case will be dismissed. Briefly and to keep it simple, to file for Divorce or Annulment, at least one party must be a resident, have been living in Pennsylvania for a minimum of six months.

No Fault Divorces are:

Mutual Consent, both parties agree, consent to the divorce; Irretrievable breakdown, where the marriage is broken and the parties have lived separate and apart for a period of at least two years, which living separate and apart can even be while the parties live in the same home; and Institutionalization, a divorce is granted when a spouse has serious mental illness and is confined for 18-months.

Fault Divorces are granted to the innocent and injured spouse, when the other spouse:

(1) deserts of marital home, with no justifiable cause, or reason, for at least one year;

(2) commits adultery;

(3) endangers the life or health of the injured and innocent spouse;

(4) commits bigamy, married to more than one person;

(5) being convicted of a crime and punished with a term of incarceration for a term of two or more years; and

(6) “offered such indignities to the innocent and injured spouse as to render that spouse’s condition intolerable and life burdensome.” 23 Pa.C.S.A. § 3301 n marriage. 

The fastest cheapest divorce is a Mutual Consent Divorce with no other issues, or with the parties settling all issues by agreement, or on their own.. No matter type of divorce one files, if there is property, we will make sure your property rights are preserved and you get what you deserve.

“Marital Property”

means all property acquired by either party during the marriage and the increase in value of any nonmarital property.

Martial Property is divided fairly through Equitable Distribution.  Martial Property is not divided equally, not 50% to each party.  Once divorced from the bonds of matrimony ones property rights are terminated except those that have vested or by court decree.

Support, Alimony, and Alimony Pendent Lite

Until the Divorce Decree is issued a dependent spouse can seek temporary support for Alimony Pendent Lite [“APL”] or Spousal support, not both, depending on tactics depends on which one to seek.  The duration of APL or Spousal Support the trier of fact must consider the duration of the marriage from the date of marriage to the date of final separation.  Pa.R.C.P. 1910.16-1 Income is from the supporting spouse is simply broken down into two categories, high income or low income. The basic formula is the dependent spouse would get 40% in the difference of the parties net incomes, or 30% of the difference in the parties net incomes minus child support, if there are minor children. Pa.R.C.P. 1910.16-1

Support for the dependent spouse after a divorce decree of annulment is granted is Alimony. Alimony can be for a definite or indefinite amount of time.  Some of the factors that the trier of fact looks at to determine Alimony is: is the duration of the marriage; the relative earning and earning capacities; age of the parties and there physical, mental and emotional state; sources of income of both parties; insurance; retirement; investments; the education of both parties; the standard of living established, and numerous other factors. Even if one spouse does not work or has not worked in decades there is always some type of earning capacity to help determine alimony. Alimony is barred if the petitioner is in a sexual relationship and ceases upon death of either party.


Going through a Divorce is very difficult, both physically and mentally.  And, remember, the more you fight the more it costs both sides and mentally affects your child, or children. So, if you want a true Advocate on your side, an Advocate, who will always do what’s best for you and knows when to try to work things out peacefully and when to fight, and does not charge for emails, or phone calls, then the David J. Cohen Law Firm is for you.Type your paragraph here.