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Divorce Blog

Law Offices of Carla Trongone |

Disclaimer: The following questions and responses are general in nature and are meant to provide general information under the Pennsylvania Divorce Code. Be aware that the circumstances of your situation may vary and, therefore, the appropriate response may differ from that offered below. These posts are not meant to provide specific legal advice or guidance to anyone and must not be construed to do so.

Divorce Blog Post 1: May 30, 2024 – Premarital/Non-Marital Assets

Question: I have some significant assets that I acquired prior to marriage, including a shore house, an investment account and an IRA. If I keep all of these in my name only, do they still become marital property in divorce? We don’t have a prenuptial agreement.

Response: The short answer is – only the increase in value during the marriage is marital, the value as of date marriage remains yours – so long as you do not retitle the asset into your joint names. So, at the time you get married, you should print out all of your statements, and get an appraisal on any property you have. Put it in a folder and hope you never have to open it. However, if you do ultimately have to go through a divorce….the contents of that folder will prove to be extremely helpful.

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Divorce Blog Post 2: May 30, 2024 – Quick, Consent-based Divorce

Question: My spouse and I agree to get a divorce. We have no property, no kids, there will be no support or alimony. We just want a divorce. How long will this take, and how much will it cost?

Response. Through the summer, we are offering this type of divorce – filed locally in Montco, Bucks or Philly (depends on your county of residence) for $1,295. It includes a meeting with you and your spouse and the attorney of record. It also includes up to two hours of attorney time, drafting and efiling all of the necessary documents for signature, and all filing fees, which, in these counties, can be up to $400 for this type of divorce. With this type of “consent” divorce, both parties must agree to participate and you and your spouse will sign all documents upon presentation and request. You can be divorced in less than four months in this scenario. You do not need to go to court, so long as everyone agrees and signs the documents upon presentation.

Be aware, there are some additional requirements and exclusions and at least one of you needs to be a PA resident. However, if you want an inexpensive, locally filed divorce, this may be the right divorce for you. (Be aware “cheap divorces” that are seen online are filed in a remote PA county two to four hours away from here. If you run into any issue, you will have to go to that county to litigate it or to figure out what went wrong.)

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Divorce Blog Post 3: May 31, 2024 – How to retain your Inherited Assets in Divorce

Question: How can I protect the inheritance I receive during my marriage if I’m getting divorced?

Response: Protecting an inheritance during divorce can be complex, but there are steps you can take to safeguard it if you are a resident in Pennsylvania and the divorce is in Pennsylvania (rules vary by state). Be aware that in PA, any increase in value of the inheritance (likely due to market experience) is marital, however the original asset/inherited investment is non-marital if properly maintained:

  1. Documentation: Maintain clear documentation that proves the inheritance is solely yours. This includes keeping records of inheritance documents, bank statements, and any transactions related to the inheritance.
  2. Separate Accounts: VERY IMPORTANT. Keep the inheritance funds in a separate account IN YOUR NAME ONLY. Avoid mixing these funds with joint marital assets.
  3. Pre or Postnuptial Agreement: Consider a prenuptial or postnuptial agreement that explicitly states the inheritance is to remain separate property in the event of divorce AND ANY INCREASE IN VALUE DURING MARRIAGE IS ALSO YOURS.
  4. Avoid Commingling: Refrain from using the inheritance funds for joint marital expenses or investments. Commingling these funds with marital assets will make it more challenging to prove their separate nature.
  5. Consult with an Attorney: Seek advice from a qualified family law attorney who specializes in divorce and asset protection. They can provide personalized guidance based on your specific circumstances and local laws.