FAQ

• You can discuss an issue before you agree on it.
• You can try out agreements before a judge makes the divorce final.
• You learn to communicate with each other, which makes new and old issues less likely to turn into unending arguments that could result in spending days in court.
• You can take time between each appointment to think about whether or not a proposed solution makes sense.

• Yes, it is. Why? It’s more focused and direct. Most people come to divorce mediation willing to work on the issues without having it dragged out in court.
• Rather than speaking through attorneys, you speak with each other about your goals and issues (with the mediator’s help, of course). Even if lawyers are involved with your mediation, you aren’t getting billed for endless hours to discuss your case’s details.

In divorce mediation, the parties have more control over their future. Divorce Mediators are divorce process experts. A mediator will assist parties in reaching agreements but cannot impose a settlement.

Very few situations are too complicated for divorce mediation.  We are skilled at helping you approach the complex issue one aspect at a time, as well as helping you look at overall implications.

If the complexity is about things such as intricate business interests or a complicated tax situation, outside experts such as accountants, appraisers, actuaries, financial professionals, and specialized attorneys can be consulted as part of the divorce mediation process.

The mediation process you have gone through remains confidential, and your mediator cannot be called to testify in court if you decide to return to litigation.

There are six fault grounds for divorce in PA: adultery, desertion, cruel treatment, bigamy, imprisonment of more than two years, and indignities. The no-fault grounds for divorce in Pennsylvania are irretrievable breakdown and mutual consent.

There are seven grounds for divorce: Irretrievable Breakdown, Cruel and Inhuman treatment, Abandonment, Imprisonment, Adultery, Judgment of Separation, and Separation Agreement.

New York has multiple residency categories that a party can rely upon to bring an action for divorce, separation, annulment, or nullity of a void marriage, thereby allowing the New York courts to have jurisdiction to decide the matter. These requirements are as follows:

• Parties were married in New York, and either party was a resident of New York when the action was commenced and has been a resident for a continuous one (1) year period immediately prior to the commencement of the action. OR
• Parties have lived in New York as husband and wife, and either party was a resident of New York when the action was commenced and has been a resident for a continuous one (1) year period immediately prior to the commencement of the action. OR
• The cause of action happened in New York, and either party has been a resident of New York for a continuous one (1) year period immediately prior to the commencement of the action. OR
• The cause of action happened in New York, and both parties were residents of New York at the time of the commencement of the action. OR
• Either party has been a resident of New York for a continuous period of at least two (2) years immediately prior to the commencement of the action.

To file for divorce in Pennsylvania, you or your spouse must have lived in the state for at least six months before filing.

Additionally, the spouse who files for divorce must file the papers in the court where the other spouse lives. This is not usually an issue because in many cases, the spouses live in the same county at the time of filing for divorce, but not always.

If you wish to file for divorce and your spouse now lives in a different county than you, you have options. You can file for divorce:

• In the county where you both lived while you were married, providing you have lived in the same county continuously since you separated from your spouse,
• In the county where you live as long as your spouse agrees to it, or
• In the county where either of you currently lives if neither of you still lives in the county that you lived in when you were married to each other

If you wish to file for divorce and your spouse moved out-of-state, you may file in the county where you live. Since travel can get expensive, the family courts in Pennsylvania have several filing options available so spouses can minimize the travel associated with obtaining a divorce.

The mediator will often assist with the filing of a divorce complaint.  This starts the divorce process, and mediation usually occurs before or after the divorce complaint is filed.  When you and your spouse are ready to request a divorce decree from the Court, a formal request is submitted to the Court with the signed Marital Settlement Agreement.  The Agreement is incorporated into the divorce decree, and it will be legally binding on you and your spouse.

While it can be possible to reach a Settlement Agreement before six months have elapsed, you will still need to wait the entire six-month period before your divorce will be granted.

There are many issues to focus on during a divorce, including what will happen to your business and its assets and liabilities/debt.

If you have a business of any kind, you will want to ensure you are protecting it in the best way possible, just in case your marriage fails later. Fault in the marriage does not matter, nor does the length of time you have been married or other circumstances surrounding your divorce. What matters is taking the time to divorce-proof your company from the time of its very creation so you do not have as many worries to contend with if divorce becomes inevitable for your marriage.

We can help you determine how to protect your business assets in your divorce settlement. Setting your business up to be divorce-proof from the beginning is the best way to ensure that you will be financially and professionally protected, no matter what takes place in your personal life or marriage.

If you and your spouse started the business together, you would have to decide if you want to be the one to continue running the business or decide on closing the business together.  Both parties are entitled to half of the property’s value as community property. If you are both on an article of incorporation for your business and have an equal share in the business, you will have to buy out your spouse to retain control of the business.

If you inherited a business from your parents or family, your ex-spouse is not entitled to half of the business assets. If you have been wise and kept your business completely separate from your marriage, then the business you inherited is yours to keep. Suppose you added your spouse to the business article of incorporation paperwork, gave your spouse a title, and allowed your spouse to have control in the business proceedings. In that case, they may be entitled to some of the assets. If the business grew as a direct result of your spouse’s involvement, this would likely be taken into consideration.

As with any divorce that involves a business, your business value will have to be determined by a third party. An accountant or financial analyst team will consult all of your business records and determine what your business is worth at this time. Future earnings are always considered when valuation is determined, and your current success in your business can result in a higher payout to your former spouse.

When you are concerned that your spouse will be able to control your business assets, it is best to prepare before filing for your divorce. Gather information proving you are the primary business owner and allow a third party to come in and assess your business for the court system.