Technically, a divorce is a judgment from a court that legally ends a marriage. It determines the former husband and wife’s rights and responsibilities concerning property, money to support one or both of them and arraignments for their children.
Divorce ends all of the legal rights gained by marriage. A divorced spouse no longer has the right to support (except for alimony that may be awarded by the court) or a share of the other’s estate when he or she dies.
If there is no marital property involved, (which generally includes all property acquired from the date of marriage to the date of final separation, including the increase in value during that period of property owned prior to marriage), husband and wife, who both agree to the divorce can obtain a divorce decree in a little over ninety (90) days from the service of the divorce complaint upon the non-filing spouse.
If one of the parties does not wish to get divorced, the other party typically has to wait one (1) year from the date of separation before the court will address the divorce and any economic issues which may exist.
When there are marital assets involved, the parties can reach an agreement as to how they are to be divided. Otherwise, the court may be left to decide before the parties will be divorced. Most divorces are eventually settled by agreement rather than by court order.
This area of the law usually involves one or more of the following:
- Divorce complaint based upon fault or no-fault grounds
- Spousal support during the pendency of the divorce, and often times afterward in the form of alimony
- Child support
- Claims for equitable distribution (the division of the marital assets under the divorce code)
- Interim counsel fees
To get the legal help you need with divorce matters, call the Law Offices of John D. Lychak, P.C. at (610) 865-1195 to schedule an appointment.
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