Divorce and Asset Division

No-Fault Divorce

Most divorces in Pennsylvania are “no-fault” divorces. This means that you do not have to prove that your spouse was “at fault” to demonstrate grounds for divorce. Instead, you can pursue a divorce on “no-fault” grounds. There are two types of no-fault grounds for divorce:

Mutual Consent Divorce

In a mutual consent divorce, one party files a divorce complaint and serves the other side. After a 90-day minimum mandatory waiting period, if both parties sign an “Affidavit of Consent” which states that they consent to the divorce, then grounds for a divorce can be established.

One-party Consent Divorce

In a one-party consent divorce, the parties must be separated for one year. Once the parties have been separated for one year, if one party signs an “Affidavit of Consent” which states that they consent to the divorce, then grounds for a divorce can be established.

Equitable Distribution

Prior to finalizing your divorce, it is important to ensure that you have reached a resolution of the financial issues involved. Pennsylvania Courts divide assets through “equitable distribution.” Equitable distribution means the courts look at list of factors to determine how the marital assets and debts should be divided. The factors considered by the Pennsylvania Courts are:

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.

To divide the marital assets, it is important to first determine which assets are marital and which are non-marital. Generally speaking, marital assets are those acquired during the marriage, except for assets acquired by gifts or inheritance. Non-marital assets are assets acquired before the marriage, after separation, or by gift or inheritance. However, there are exceptions to these rules. For example, it may be possible to argue that property acquired by gift or inheritance was “co-mingled” with marital property and should be treated as marital. We will help you understand how these definitions of marital and non-marital property apply to your case so that we can make the strongest arguments on your behalf.

Marital assets are not necessarily divided equally between spouses. The Court will consider the factors above and then decide how the assets should be divided. It is important to work with an attorney to determine the best arguments to present in your case to ensure that the Court will award you a fair share of the assets.

In many cases, the parties to a divorce are able to negotiate an agreement about how to divide the assets. If you are able to negotiate an agreement, you may not need to appear in court at all.

Dividing marital assets is one of the most significant aspects of any divorce matter, and the outcome can impact your financial future. Our goal is to guide you through every step of the process – whether that means negotiating a fair settlement or advocating for you in court – to help you protect what matters most. Whether your case involves straightforward asset division or complex issues like business valuations or retirement accounts, our team has the experience to protect your interests. We’ll work with you to understand the full picture of your marital estate, develop compelling arguments for equitable distribution, and pursue the best possible outcome. Don’t navigate these critical decisions alone. Contact us today to schedule a consultation and learn how we can help you secure a fair division of assets and move forward with confidence.

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Discovery and Obtaining Information About Assets

We often meet with clients who don’t feel they have sufficient information about the assets of the marriage. There are several ways we can work with you to obtain this type of information. We can use formal Requests for Production of Documents and Interrogatories to require the other party to provide certain information. If necessary, we can also use more aggressive means of discovery such as depositions or forensic accountants to help us determine the full extent of the assets. We have a network of forensic accountants and other professionals to assist our clients in this process, when needed.

Types of Assets

Clients often have questions as to how certain assets, such as trusts, pensions, or businesses, will be valued and divided. The court will determine whether or not they are marital assets, determine the marital value, and then decide how they will be divided. However, these are often highly valuable assets and may require the analysis of an expert (such as a business valuation expert, accountant, or actuary) to determine the marital value. If your marital estate includes these types of assets, we can help you identify what information or experts are needed to ensure that your interests are protected.

Divorce FAQ

Please click on any question to view the answer.

If you have additional concerns, please call 484-322-5616 or use the contact form anytime.

What counts should I include in my divorce complaint?

Filing for divorce in Pennsylvania starts with the preparation of a Complaint in Divorce. A Complaint in Divorce must include the grounds for divorce (either no-fault or fault-based grounds), but may also include requests for equitable distribution, custody, alimony, counsel fees, costs and expenses, and other counts.

Should I proceed with a no fault or fault-based divorce?

It is very rare to proceed with a divorce under fault-based grounds, as this requires a hearing and testimony to establish the other party’s fault. The potential fault-based grounds include: adultery, bigamy, cruel and barbarous treatment, desertion, imprisonment, or indignities. It is important to understand, however, that proceeding under fault grounds, rather than no-fault grounds does not typically affect the financial outcome of the case.

Given that no-fault divorce is an option, it is extremely uncommon for parties to wish to go through the legal expense of litigating a fault-based divorce. The more common type of divorce is no-fault divorce. A no-fault divorce will proceed either if both parties sign consents to the divorce, or, if one party does not consent to the divorce, the divorce will proceed once the parties have lived separate and apart for a period of at least one year and one party consents to the divorce.

Do I have to serve the other party with a copy of the divorce complaint?

Yes. Once the divorce complaint is filed, the filing party (or their attorney) must ensure that the defendant is served. This can be accomplished either by personal service via a process server, or if the defendant is willing to sign an acceptance of service. It also may be possible to serve the other party by commercial carrier or certified mail but it is important to follow the rules very closely regarding these types of service, as there are strict requirements. A court will not issue a divorce decree unless proof of proper service has been filed so it is important to serve the other party correctly at the onset of the action. If a party is not served within 30 days of the date of filing of the divorce complaint, the divorce complaint must be reinstated with the court before serving.

Do I need to file an answer to the divorce complaint?

Not necessarily, as the Pennsylvania Rules of Civil Procedure state that all averments (statements of fact) in a Complaint in Divorce are deemed denied unless admitted by an answer. However, there may be certain averments that are incorrect or that you wish to respond to, such as an alleged date of separation, in which case you would need to file a response. You would also need to file a response if you wish to raise any additional claims that the plaintiff did not raise in the original divorce complaint, such as counts for custody, alimony, or counsel fees, costs and expenses. If you have been served with a Divorce Complaint, we recommend that you seek legal advice and have the Complaint reviewed by an attorney.

Can I file a “no-asset” divorce if my spouse and I don’t own any property together?

Just because you and your spouse don’t own property in joint names doesn’t mean that there are no marital assets or debts that need to be divided. Generally speaking, marital assets are those that are acquired between the date of marriage and date of separation (excluding inheritances and gifts), and the increase in value on pre-marital and/or inherited / gifted assets, regardless of how they are titled. Therefore, it is recommended that you consult with an attorney prior to proceeding with a no-asset divorce to make sure that you have considered all possible financial claims you can make (or that can be made against you) as part of your divorce case.