Divorce, Property Division & Alimony

in Pennsylvania and New Jersey

Family Law

Divorce in Pennsylvania and New Jersey

How do I get divorced in Pennsylvania or New Jersey?

In both Pennsylvania and New Jersey, a divorce will only be granted if at least one of the legal grounds exist. In almost all instances, a party will file for divorce based upon a “no-fault” ground. A no-fault divorce means that the parties have been separated for the minimum period of time or that there are irreconcilable differences that the marriage can no longer be sustained. While not entirely common nowadays, a person can request a divorce based upon a “fault” ground. Fault grounds include, adultery, desertion, physical abuse, substance abuse, and imprisonment. In both Pennsylvania and New Jersey, fault is not taken into consideration when dividing the marital assets, which is why it is not often raised.

Property Division in Pennsylvania and New Jersey

What happens to our marital assets and debts?

A divorce will only be granted once there is a resolution on dividing the martial assets and debts, which is known as Equitable Distribution. The marital assets and debts are not automatically divided equally. There are a number of factors to consider when arriving at a fair (“equitable”) division of the estate. The goal is to arrive at that division through a settlement agreement. Most cases are able to resolved by a final settlement agreement. However, in the event that does not happen, the Court will hold a Trial and determine the division. The majority of time on your case will be spent on Equitable Distribution. It is therefore crucial to have an experienced family law attorney to ensure your rights to the estate are protected.

Alimony in Pennsylvania and New Jersey

Will I receive or have to pay Alimony?

As part of the divorce process, the lower earning spouse could be entitled to alimony, which is spousal support paid after the marriage. In both Pennsylvania and New Jersey, alimony is determined based upon a number of factors including the length of the marriage, and the ages, health, and financial circumstances of the parties. A needs-based analysis is applied to see whether the lower earning spouse needs additional support after the divorce in order to maintain their reasonable living expenses. For example, if the spouse’s monthly expenses total $5,000 per month and they only earn $3,000 per month, the other spouse could be required to contribute toward the $2,000 per month shortfall ($5,000 – $3,000).

The attorneys at Console Matison LLP have extensive experience in both Pennsylvania and New Jersey in handling cases with a variety of financial circumstances. Our goal is to help clients navigate through this difficult time and to get them through the divorce process in an efficient and cost-effective manner.

We offer a free case evaluation to all potential clients.

Practice Areas

Real Estate

Zoning & Land Use

Probate & Estate Admin

Divorce

Custody

Child/Spousal Support

Protecting Pets from Harm: How Pennsylvania’s New Law Shields Animals in Domestic Violence Cases

Protecting Pets from Harm: How Pennsylvania’s New Law Shields Animals in Domestic Violence Cases On November 18, 2024, Pennsylvania took a significant step toward supporting victims of domestic violence by enacting H.B. 1210. Signed into law by Governor Josh Shapiro and going into effect on January 17, 2025 this legislation explicitly extends protections to pets in abusive households, acknowledging the

Read More »
Kyle Levin December 13, 2024

Recent Ruling on Historic Germantown YWCA Highlights Key Zoning and Blight Laws in Philadelphia

Recent Ruling on Historic Germantown YWCA Highlights Key Zoning and Blight Laws in Philadelphia In a recent legal battle, developer Ken Weinstein sought to take control of the future of the former Germantown YWCA, a historic and beautiful building that has been vacant and left deteriorating for over 20 years. Weinstein and his legal team argued that the building, located

Read More »
Kyle Levin December 6, 2024
Attorney Deed Draft
Deed
Kyle Levin

Console Matison: Helping Pennsylvanians Remove Discriminatory Deed Language through Act 54

Old property deeds in Pennsylvania often contain surprising remnants from the past. While some entries are nostalgic, others carry a darker history: restrictions on property ownership or occupancy based on race, religion, or other discriminatory measures. Although unenforceable today, these offensive clauses remain on record, tainting the legacy of properties across Pennsylvania. Oftentimes, a property owner is surprised to see

Read More »
Kyle Levin October 31, 2024

Newsletter

Subscribe to Our Newsletter

Thanks for subscribed!

Processing...