Using divorce experts has numerous advantages, but one certain advantage is that their advice is not based on rumor, myth, or some other type of misinformation. At the Law Office of Jennifer Courtney & Associates, P.C. our Bucks County divorce lawyers expertly guide Pennsylvania clients to make informed decisions about divorce. We focus our practice exclusively on family law cases, bringing decades of experience and insight to handling divorce issues. By carefully explaining the options available under Pennsylvania divorce law, we work with our clients so they can achieve favorable outcomes.
Bucks County divorce lawyer - Dispelling misconceptions about divorce
When you announce to family members and close friends that you are getting a divorce, they often tell tales about their own divorce, offer words of warning, describe legal ramifications they encountered, and tell you how to deal with your divorce issues. Some may even start explaining divorce law, largely based on their own particular experience. The fact is—each divorce is different—with different obstacles, challenges, and a specific set of divorce laws that relate directly to that particular couple’s concerns.
Here are some misconceptions you may hear about your divorce in Pennsylvania:
- Equitable distribution of property means 50/50 division.
- Unlike California and a number of other states, Pennsylvania is not a community property state, which is where the idea of 50/50 property division originates. Property division in Pennsylvania is based on equitable distribution, meaning the judge decides on what is fair, but not necessarily equal.
- Equitable distribution has nothing to do with premarital property or inheritances.
- While premarital property and inheritances are not considered marital property or subject to division, an increase in the value of that property is considered part of the marital estate. During divorce, the increased value would be divided between the spouses under Pennsylvania equitable distribution law.
- Mothers always get primary custody.
- Historically, child custody oscillated from viewing children as chattel and always awarding them to fathers to the tender years doctrine, where maternal instincts won mothers the right to child custody. Today in Bucks County and cases we handle throughout Pennsylvania, judges determine child custody based on the best interests of the child. The parent serving as the primary caregiver is often awarded primary custody, which could be either parent in a society where both spouses often work full time.
