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Separation Period for No-Fault Divorces in Pennsylvania Reduced

As of December 5th, 2016, the mandatory separation period required under Section 3301(d) of the divorce code will be reduced from two years to one year. This new rule is only applicable to parties separating after December 5th. The current two-year separation period remains applicable to married persons that separated prior to December 5th. This means that anyone who separates from their spouse after December 5, 2016, and files for a no-fault divorce, but does not have the consent of the other spouse to be divorced, only has to wait one year before he or she can establish the grounds for divorce. Establishing the "grounds for divorce" enables a party to either proceed to obtain a decree or begin litigating the division of the marital estate. Determining a date of separation can be difficult in its own right but oftentimes the date of the divorce filing becomes the default date of separation. When first enacted in 1980, the Divorce Code imposed a three-year separation period. In 1988, the law was changed to reduce the waiting period down to two years. As of December 5, 2016, the separation period that has been in place for roughly 28 years will be cut in half. If you have questions regarding the new changes to the Divorce Code, be sure to consult with an attorney experienced in these matters before proceeding. Keep in mind that this article should not be viewed as legal advice and is for informational purposes only. Feel free to call me, Liam Duffy, or anyone at Rubin, Glickman, Steinberg & Gifford if you are interested in a free consultation.http://www.rgsglaw.com/Family-Law/

Top 10 Common Misconceptions in Family Law

As a Montgomery County PA Family Law Attorney, I often have clients who come to my office with preconceived notions of what divorce and asset division will involve in their situations. These are some of the most commonly held beliefs which I hear from people regularly.

Another Reason to Hire an Attorney in a Divorce

I recently had an interesting situation occur which I thought would be important for prospective divorce clients to hear about. Unfortunately, this is not the first time I have heard of this sort of thing happening which makes it even more important to alert people about it.

PA Divorce Process

I find that many people are very confused about the actual divorce process in Pennsylvania. There are a lot of misconceptions and myths out there so I thought it might be a good idea to clear some of them up.

Own a Business? What to do if Filing for Divorce

The decision to get divorced can be extremely difficult for people who have built their lives together. Finally making that first step toward starting a new life can be emotionally draining, and can leave a person unsure of what comes next. No matter how tempting it is to just get the divorce over with, the decisions you make during this period will be difficult to reverse.

Getting Divorced in Pennsylvania? Important Items to Consider

The process of divorce can be an extremely challenging time for many families. It can be extremely tempting for those involved in a highly-contested divorce to simply want to just get the divorce over with, and sign off on any settlements that are proposed.

Mortgage Debt a Growing Hurdle in Pennsylvania Divorces

It used to be that the biggest property fight in nearly every divorce was over who got to keep the house. Now, in the wake of the Great Recession and its attendant foreclosure crisis, this dispute looks much different - couples are fighting over who must take responsibility for the mortgage debt.

Property Rights During a Breakup

Getting a divorce can be brutal, but at the end of the day the breakup is legally finalized and both parties can go their separate ways. That's not the case for couples who live together, but never married. The rules applied in a divorce don't exist for cohabiting couples, and problems can develop. That is why if you are in a committed relationship and living with someone, it may be wise to consider having a cohabitation agreement.

Gregory R. Gifford
  • RGS&G Firm News

    "Gregory R. Gifford, a partner at the Lansdale law firm of Rubin, Glickman, Steinberg and Gifford, P.C., was elected Vice President of the Montgomery Bar Association on January 13, 2017. Mr. Gifford is a past Director of the Association and has also served as its Treasurer and Secretary"Read more...

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Rubin, Glickman, Steinberg and Gifford has been a member of the local Penn Suburban Chamber of Commerce (previously known as North Penn Suburban Chamber of Commerce) for more than 25 years.

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