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When divorce starts to feel like a real possibility, you might be tempted to make changes right away. But a choice you make now can be harder to deal with once the divorce has begun. Before filing, you can take time to get a reliable picture of your finances and think carefully about any changes you are considering.
Our Pennsylvania divorce lawyers at Pittsburgh Divorce & Family Law, LLC can help you prepare before the case begins. If you are considering filing for divorce in Pennsylvania, contact us before making a major choice that could affect your finances or family.
Your financial records can help us identify the property and debts that will need to be examined during your divorce. They can also help us see how much additional financial work the case could require.
Save copies of financial records you already have lawful access to, particularly information that shows balances or income around the time you are preparing for divorce. You do not need to conduct your own financial investigation or try to get into accounts you cannot already access.
Records can be harder to get if access changes after you and your spouse separate. What you save now gives our team the information we can use to determine which property and debts need to be divided.
The records you gather can also show us what is missing. If the financial information you have points to an account or source of income, but you do not have the supporting records, we can tell what is missing and obtain additional records during the divorce if we need them.
You do not need every financial question answered before you file. The information you already have can show us what we still need to find once the case begins.
Property division begins with determining what could belong in the marital estate. A review of what you and your spouse own gives you a better idea of what could be divided in the divorce. Your debts matter too because responsibility for them can also be part of the financial settlement.
Under 23 Pa.C.S. § 3501, marital property generally includes property either spouse acquired during the marriage, subject to statutory exclusions. Pennsylvania also presumes property acquired during the marriage to be marital regardless of whether one or both spouses hold title.
An account or piece of property is not necessarily outside the marital estate simply because only one spouse’s name appears on it. We can examine when and how the property was acquired to determine how it should be treated during equitable distribution.
Divorce can also require choices about responsibility for debt. Document the balances and account ownership you can, so we know which debts to include in the financial settlement. What you and your spouse agree about a debt does not always change what you owe the creditor. Our team can review the available records and work those obligations into the financial terms of your divorce.
Protecting your financial interests before divorce starts with knowing what property exists and keeping a record of it. Trying to reduce the marital estate or put property out of your spouse’s reach can factor into the court’s later division of marital property.
Knowing what marital property is worth while you are preparing for divorce gives us a reference point if its value changes later. When an asset requires a formal valuation, we can determine whether that work should occur during the divorce rather than asking you to estimate its value yourself.
Pennsylvania courts can consider dissipation when dividing marital property, so a transfer intended to reduce the marital estate can factor into equitable distribution. Spending or transferring property for the purpose of reducing what is available for division can influence the court’s equitable-distribution analysis.
If you are worried about a particular asset, talk to us before transferring it or changing its ownership. We can explain whether the step you are considering could later factor into equitable distribution, so you know the possible consequences first.
If you have children, filing for divorce does not decide custody. Pennsylvania courts make custody decisions according to the child’s best interests, so you should consider how a change to the current arrangement could fit that standard.
Under 23 Pa.C.S. § 5328, Pennsylvania courts decide custody according to the child’s best interests. The current statute directs courts to consider all relevant factors and gives substantial weight to specified factors affecting the child’s safety.
A proposed change in your children’s living arrangement should therefore make sense for them, not simply for the divorce. We can explain how a proposed change could factor into a later custody decision while you still have time to reconsider it.
Filing the divorce complaint first does not determine the custody arrangement. The court decides custody under Pennsylvania’s current custody law and the child’s best interests.
If you are worried about custody, we can explain how Pennsylvania’s custody rules apply without treating the divorce filing as the custody case.
Deciding whether to leave the marital home can be one of the harder choices you face before filing. Moving elsewhere does not determine who owns the home or how it will be treated in equitable distribution, but it can change your living arrangement while the divorce is pending.
Pennsylvania’s marital-property rules do not base property classification solely on which spouse currently lives in the home. If the residence is marital property, moving elsewhere does not turn your spouse into its sole owner.
If you are considering leaving, we can explain what moving out means for your interest in the home before you decide whether to go. Living somewhere else and giving up a financial interest in marital property are separate questions, so you should know which one you are actually deciding.
Once one spouse establishes a separate residence, that arrangement can continue while the divorce is pending even if neither spouse originally intended it to be permanent. Changing the arrangement later might require another agreement between you and your spouse. If you are worried about leaving the home, we can explain what would change if you moved while you are still deciding whether to go.
As you prepare for divorce, make sure you can independently access personal accounts and documents you will need. This is different from moving marital money or changing ownership because you expect to file.
Confirm that you can access accounts held in your own name and that you have your personal credentials. Having access to your own accounts is different from moving marital money to keep it away from your spouse. If you are considering a financial change and are unsure how it could be treated in the divorce, ask us before making the transaction.
Some beneficiary and estate-planning choices require a separate review as divorce approaches. Pennsylvania law specifically addresses the effect divorce, or a pending divorce, can have on certain beneficiary designations under 20 Pa.C.S. § 6111.2.
A divorce filing will not rewrite documents that name your spouse for you. Pennsylvania has specific rules for certain beneficiary designations, and we can explain whether you should make a change during the divorce and when to do it.
One advantage of getting legal advice before you file is that you can ask us about a major choice before you commit to it. Once you have already acted, the consequences can carry into the divorce. Pittsburgh Divorce & Family Law, LLC concentrates on divorce and related family-law matters, and our work in the Pittsburgh area gives us familiarity with the local court systems where these cases are handled.
You will probably still have questions as you get ready to file. Some answers can change what you choose to do now, especially when Pennsylvania law treats filing and the underlying legal issue as separate questions.
No. Pennsylvania does not require you to finish the entire financial investigation before filing for divorce. Give us the records you can already access, and we can obtain additional financial information during the case if needed.
You can open an account in your own name, but that does not mean you should move marital money into it. If you are considering a transfer, ask us first so we can explain how Pennsylvania’s equitable-distribution rules could apply to the money.
Filing for divorce does not freeze every piece of marital property. Pennsylvania courts can consider dissipation when dividing marital property, so a transfer intended to reduce the marital estate can count against the spouse responsible during equitable distribution.
A pending divorce can change how Pennsylvania law treats certain provisions in your estate plan, but filing the complaint is not the same as receiving a final divorce decree. Review your estate plan with us before changing provisions that name your spouse so we can explain which rules apply while your divorce is pending.
Yes, not knowing your spouse’s current address does not determine whether you qualify to file for divorce in Pennsylvania. You will still need to deal with the service of the divorce papers, so tell us what you know about your spouse’s location when we prepare the case.
Give us the financial and legal information you already have rather than waiting until you have assembled a perfect file. Tell us about any major choice you are considering as well, because we can explain the legal consequences while you still have time to choose what to do.
If you are preparing to file for divorce, you might still be deciding whether to make changes that could influence your finances or family. Pittsburgh Divorce & Family Law, LLC can explain the legal consequences while you still have time to choose what to do.
Call (412) 471-5100 or request a confidential consultation to discuss what you should consider before filing for divorce.