Many of us have friends or family members that have been through a divorce, so we are somewhat familiar with some of the issues that can arise during the process. We have watched as our loved ones struggled with the emotions that are often present during this difficult time, and we have seen some of the changes that result once the divorce is final.
While we may be familiar with the divorce process, we may not be aware of all of the matters that must be resolved at this time. If the couple has children, custody will be one of the most important matters that will need to be determined. This can be a very painful process for both parents, which can make it challenging for the couple to find the common ground that leads to a healthy and effective co-parenting arrangement.
The couple will also need to find an agreement upon the division of the property that they have had during the marriage. The spouses may argue over the status of certain property, as gifts or inheritances may potentially be excluded from the process. Pennsylvania courts will implement an equitable division of marital property, which means that any agreement must treat both sides fairly.
One of the biggest items of marital property that will need to be divided is often the home of the couple. In many cases, both spouses will be on the mortgage, as they purchased the house after getting married. They then must determine how they wish to handle the future ownership of the residence, and be sure that any agreements reflect these wishes.
In many cases, once a divorce is filed, one of the spouses will move out of the home. This does not mean that individual is giving up his or her share of the home, it just allows each side the space they need during this time. If the couple has substantial equity in the home, it may play a factor in whether or not a spouse decides to remain in the home.
If one of the spouses wishes to keep the home, the other will want to be sure that he or she is not held responsible for unpaid mortgage debts. This often means that the mortgage will need to be modified, and the non-resident spouse will not have his or her name still on the documents.
Some of these couples may be trapped in underwater mortgages. If this is the case, they may decide to sell the residence. These couples must carefully determine how any remaining debt will be handled.
Going through a divorce can be a very challenging time if you are not prepared. If you make poor decisions during the process, it can lead to additional concerns later. Speak to an experienced family law attorney about the things that you can do to prepare for a new life after divorce.
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