Divorce

At Mobilio Law we are dedicated to helping our divorce clients rebuild their lives and their families.  We work with you to satisfy your needs and to establish a game plan you are comfortable with to get you the resolution you are looking for.  We understand that no two circumstances are the same and each divorce matter may need a different solution.  Whether by agreement or aggressive litigation, we work with you to choose the best path.

Many marriages end in divorce.  While divorce may be the best option, it can still be an overwhelming process.  There can be many elements to a divorce including alimony, child custody, child support and division of marital assets (also known as equitable distribution).  If you have any doubt about whether an attorney has what it takes to handle the complex nature of the divorce process then that attorney is not right for you.

 

 

“Attorney Mobilio helped me with my divorce… Attorney Mobilio is extremely knowledgeable, he listens, offers excellent and helpful advise, is very responsive, and efficient. He is everything you would want in an attorney to represent you. If I ever need an attorney in the future, Attorney Mobilio would be the first person I would call!”

-Dana

Contact Mobilio Law today online or by telephone at (610) 882-4000 to speak to Attorney Mobilio about your divorce matter. We serve all of eastern Pennsylvania including the Lehigh Valley, as well as the counties of Bucks, Carbon, Monroe, Montgomery, Lackawanna, Luzerne, Delaware and Philadelphia!

NO-FAULT v. FAULT DIVORCE

By far, the most common type of divorce in Pennsylvania is a no-fault divorce.   This is likely due to the fact that there is no real advantage to the filing of a fault based divorce where a no-fault divorce is available other than to chide the other party for having done something wrong.  There are two basic types of no-fault divorce and each requires that the marriage is “irretrievably broken”.  You can acquire a no-fault divorce where both parties consent to the divorce or where there has been a separation of more than one year.

In no-fault divorces where both parties consent, there is a 90 day waiting period from the date of the filing of the divorce complaint before the Court can enter a divorce decree.

In no-fault divorces based on a one year separation, the calculation of the one year period does not necessarily require that one spouse actually move out of the martial home.   You and your spouse could live under the same roof but if you occupy different parts of the house, take your meals separately, etc… you could be considered to be separated.

But what about fault based divorces?  There are six categories of marital misconduct that could form the basis for a fault based divorce:  desertion, adultery, cruel and barbarous treatment, bigamy, imprisonment for a crime and indignities.  In practice, fault based divorces are rare.  A contested divorce case on grounds of marital fault is a lengthy and expensive process that requires you to prove fault in order to acquire a divorce.  

APL AND ALIMONY

Most people are familiar with alimony but not many are familiar with alimony pendent lite or (APL).  Basically, APL is alimony that is paid from some point after the divorce is filed until the divorce becomes final.  APL is determined based on a mathematical formula that takes into consideration the income of the parties and need of the dependent spouse, aka the spouse who makes the lesser amount of income.

Even though APL is based on a mathematical formula, the amount you are required to pay or receive can be adjusted depending on additional factors such as earning capacity of the parties, extraordinary medical expenses and other factors.

Alimony on the other hand takes into consideration a number of factors such as (1) the duration of the marriage; (2) the size of the marital estate, (3) how the marital estate is divided, and (4) if the payee spouse has any significant separate assets.  Additionally, the court must consider fault, such as infidelity.  APL does not take fault into consideration.  While APL last only during the divorce proceedings, alimony will continue after the divorce is final depending on the length of the marriage or any agreements the parties enter into to divide the marital property.

EQUITABLE DISTRIBUTION

Equitable Distribution refers to the fair division of marital assets.  Generally speaking, marital assets include any assets (including but not limited to real estate, 401k and pension funds and cash) acquired during the marriage and the increase in value during the marriage of assets acquired prior to the marriage.  For instance, if one party buys a home prior to marriage and then, during the marriage, the home appreciates and/or the equity increases, the appreciated value and additional equity would in most cases be considered a marital asset.

If you have questions about a divorce, contact Mobilio Law today for a free consultation!