Best Adoption Lawyers in Pittsburgh, PA

Pennsylvania abolished common law marriage in 1995. If you are asserting a common law marriage that began prior to 1995, you must establish the exchange of verba praesenti, i.e., an exchange of words establishing the intent to be married. If you are successful in establishing the exchange of verba praesenti, the court would then look at a variety of factors to determine if a common law marriage existed, i.e. use of same last names; filing joint income tax returns; wearing wedding bands; reputation as married in community; etc.

How an asset is titled is irrelevant in determining if an asset is considered a marital asset. The timing of the acquisition of the asset is the critical issue. If an asset was acquired during the marriage (subsequent to the marriage but prior to separation), it will be considered a marital asset regardless as to how the asset is titled. There are some exceptions to this rule, including assets excluded as marital by agreement of the parties or assets acquired with non-marital assets.

The length of the marriage. Any prior marriage of either party. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. The contribution by one party to the education, training or increased earning power of the other party. The opportunity of each party for future acquisitions of capital assets and income. The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker. The value of the property set apart to each party. The standard of living of the parties established during the marriage. The economic circumstances of each party at the time the division of property is to become effective. The Federal, State and local tax ramifications associated with each asset to be divided, distributed or assigned, which ramifications need not be immediate and certain. The expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate and certain. Whether the party will be serving as the custodian of any dependent minor children.

Where there are no property distribution or alimony issues, a no-fault divorce will be granted in one of two ways: (i) in cases where both spouses consent to the divorce, a decree can be requested 90 days after the filing and service of the divorce complaint; or (ii) in the event both parties do not consent to the divorce, there is a two year waiting period (starting from the date of separation) before a divorce decree may be entered.

Under Section 3501(a) of the Divorce Code, inheritances are not considered marital property subject to equitable distribution. The increase in the value of the inheritance from the date of receipt (or date of marriage if pre-marital property) to the date of separation, or date of divorce, will be considered marital property subject to equitable distribution. In addition, to the extent the inherited funds are comingled with jointly titled assets, the spouse may claim that the inherited funds should be considered as marital assets.