Randi J. Vladimer, P.C.
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What's the best way to ask for a divorce?

Even if you are 100 percent sure that you need a divorce in order to move on with the life you want, there is nothing simple about approaching this subject with your spouse.

Fortunately, when you have an idea of what you want to say, it is easier to get your point across and move past this difficult conversation. Here is what you should do:

  • Map out the conversation: There is no way of knowing exactly how things will unfold, but you should map out what you want to say and how you want to say it.
  • Be upfront: Do not hide your feelings or attempt to dance around the issue. Be upfront and clear about your concerns and intentions. You do not want to give your spouse the wrong idea, so stick with the facts.
  • Hear them out: You owe it to your spouse to hear them out, so let them talk for as long as they need.
  • Do not turn back: Your spouse may make a compelling case for staying together, but if you are sure you want to divorce it is not a good idea to backtrack. You have put a lot of time into making this decision, so stick with it.

Have you checked your prenuptial agreement for weaknesses?

When spouses decide that it is time to file for divorce, it is rarely a simple, quick process. However, couples who created prenuptial agreements typically enjoy less conflict and quicker resolution, provided that their agreements hold up to scrutiny. Prenuptial agreements with improper or inaccurate language often create more conflicts than they avoid, and may prolong the divorce process.

If you face divorce, your prenuptial agreement may help streamline the process and protect your priorities, as long as it is a valid agreement. If you are unclear about the agreement's validity, be sure to use high-quality legal resources and guidance as you need them. A strong divorce strategy builds on the existing terms of your agreement to ensure that your rights remain secure throughout the divorce process.

How will the law of Equitable Distribution affect a 401(k)?

Dividing your shared assets in a divorce can be one of the more contentious parts of the process. It is common for couples divorcing to not agree with what is fair in any given situation. The bigger the asset in question, the likelier it is for the couple to strongly disagree about what is reasonable or fair.

Retirement accounts, in particular, can be a source of contention at the end of a marriage. When one spouse is the sole owner of the retirement account, they may believe they are the only person with a legal claim to it. They may feel like their spouse has no right to claim any of the funds in a retirement account that they never contributed to.

Common issues regarding your home in a Pennsylvania divorce

For many couples considering the end of their marriage in Pennsylvania, the biggest concern will be what happens to their family home. The equity you have built in your home over the course of your marriage may represent a substantial amount of your total household income.

It may also be the biggest single asset that you have. It is only natural to want a fair share of those assets. There are certain issues that you should carefully consider before developing a strategy regarding the equity in your marital home.

Reasons people get divorced in under 5 years

You've probably heard about some of the long-term reasons that people get divorced. Maybe they just grew apart over a decade or two of marriage. Maybe the kids grew up and moved out of the house, and being empty-nesters caused a couple to reconsider their relationship.

But what about the other side of the coin? What about people who get divorced very quickly, such as in the first five years? Why does that happen?

What's involved in relocating with a child after a divorce?

Child custody is typically one of the hardest-fought aspects of a divorce. Even after one parent becomes the primary caregiver, the other often retains his or her custodial rights.

What happens when the primary caregiver wants or needs to move? What happens if that move significantly affects the ex-spouse's ability to co-parent? Which parent's rights take precedence over the other? It's a tricky situation that doesn't have an easy answer. Each case is unique and requires a unique resolution.

When can you modify a custody agreement?

Developing a custody plan after divorce can be difficult. You may find over time that you didn't get it right the first time. That's ok. Custody agreements are complex because they ask you to sit down and plan each weekend and school break and that's on top of negotiating the division of property, monetary assets and other pieces of the divorce.

The need to go back and modify a custody agreement is understandable. What you and your spouse negotiated or the court ordered may turn out to be impractical in practice. The good news is that the state of Pennsylvania does allow parents to modify their agreement.

Guidance From An Elite Team Of Attorneys

From skillful negotiation to aggressive litigation, we are ready to work for you. Our lawyers will work with you one-on-one to effectively and efficiently navigate the legal system. To schedule a confidential consultation, contact us online or call 610-975-9898.

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