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To obtain a no-fault divorce, you and your spouse must have been separated for two years before filing or you both must consent to the divorce. Additionally, a judge won't grant your no-fault divorce right away. Once you've filed your case, there is a 90-day waiting period before your divorce can be finalized.
Marital, or community property, is defined as assets and debt newly acquired during the marriage, either jointly or by one party, other than by a gift or inheritance to one spouse. Nonmarital, or separate property, are the assets and debts owned prior to the marriage that remain unchanged.
Related Content. Property that is unlikely to be shared between the parties on the breakdown of the marriage or civil partnership unless it is required to meet needs. Generally non-matrimonial property is: Acquired by one party before the marriage.
: not of, relating to, or occuring within marriage or the married state : not marital nonmarital childbearing nonmarital cohabitation nonmarital sexual relations.
Though the term non-marital property often refers to any personal or real property owned prior to, and brought into the marriage, it can also refer to things such as inheritances and gifts made to only one spouse.
While Pennsylvania is not a community property state, whatever property you and your spouse acquired during your marriage, including all money earned by each of you, is considered to be marital property.
Couples who established bank accounts after the marriage began must divide these accounts equally when seeking divorce. Specific accounts that contain marital funds are the marital property of both parties.Meanwhile, couples who each own separate property keep their specific accounts or property.
By definition separate and apart is the cessation of cohabitation, whether living in the same residence or not. In the event a complaint in divorce is filed and served, it is presumed that the parties commenced living separate and apart no later than the date that the complaint was served.
Marital property includes all property that was acquired during the marriage, regardless of how it is titled (in whose name it is). Gifts from one spouse to another are marital property if they were purchased with marital funds.