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Lawmoe
Lawmoe, Family Law Attorney
Category: Family Law
Satisfied Customers: 2415
Experience:  Family Law Lawyer for 19 years
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I need a copy of the follwoing Pennsylvania Divorce Rules

Customer Question

I need a copy of the follwoing Pennsylvania Divorce Rules: parties equitable distribution factors Pa. C.S.A. 3502(a)(8) and(10) and Sec. 3502(a)(3) regarding the level of information to be disclosed on each other’s health circumstances.
Submitted: 4 years ago.
Category: Family Law
Expert:  legaleagle replied 4 years ago.
Equitable division of marital property is defined by statute § 3502:
(a) General rule.-In an action for divorce or annulment, the court shall, upon request of either party, equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such proportions and in such manner as the court deems just after considering all relevant factors, including:
  1. The length of the marriage.
  2. Any prior marriage of either party.
  3. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties.
  4. The contribution by one party to the education, training or increased earning power of the other party.
  5. The opportunity of each party for future acquisitions of capital assets and income.
  6. The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
  7. The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker.
  8. The value of the property set apart to each party.
  9. The standard of living of the parties established during the marriage.
  10. The economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective.
  11. Whether the party will be serving as the custodian of any dependent minor children.

23 Pa. C.S.A. § 3502(a)(emphasis added).

Customer: replied 4 years ago.
What these specific codes refer to are rules requiring a party to provide all addresses where they have lived since separation and the requirements for a party to provide supporting expert medical testimony and records if they are claiming disability. I need the exact copy of the portions of the codes related to those issues as described by the letters and numbers under section 32 of the PA divorce code. I am willing to pay more for exactly what I asked for. I know the general requirements you listed.
Expert:  legaleagle replied 4 years ago.
http://www.pacode.com/secure/data/231/chapter1920/chap1920toc.html Here is the link to the code with all the rules related to the divorce laws.
Customer: replied 4 years ago.

I do not understand why you send me all these rules. I specifically asked: I need a copy of the following Pennsylvania Divorce Rules: parties equitable distribution factors Pa. C.S.A. 3502(a)(8) and(10) and Sec. 3502(a)(3) regarding the level of information to be disclosed on each other's health circumstances.

 

Can you send copies of the specific sections requested?

Expert:  legaleagle replied 4 years ago.
There is no such rule in the code, I will opt out to see if another attorney can find it.
Expert:  Lawmoe replied 4 years ago.

The statute is below with the precise provisions you requested highlighted with italics.

 

Please CLICK ACCEPT BELOW

 

 

§ 3502. Equitable division of marital property.
(a) General rule.-- Upon the request of either party in an
action for divorce or annulment, the court shall equitably
divide, distribute or assign, in kind or otherwise, the marital
property between the parties without regard to marital
misconduct in such percentages and in such manner as the court
deems just after considering all relevant factors. The court may
consider each marital asset or group of assets independently and
apply a different percentage to each marital asset or group of
assets. Factors which are relevant to the equitable division of
marital property include the following:
(1) The length of the marriage.
(2) Any prior marriage of either party.
(3) The age, health, station, amount and sources of
income, vocational skills, employability, estate, liabilities
and needs of each of the parties.
(4) The contribution by one party to the education,
training or increased earning power of the other party.
(5) The opportunity of each party for future
acquisitions of capital assets and income.
(6) The sources of income of both parties, including,
but not limited to, medical, retirement, insurance or other
benefits.
(7) The contribution or dissipation of each party in the
acquisition, preservation, depreciation or appreciation of
the marital property, including the contribution of a party
as homemaker.
(8) The value of the property set apart to each party.
(9) The standard of living of the parties established
during the marriage.
(10) The economic circumstances of each party at the
time the division of property is to become effective.
(10.1) The Federal, State and local tax ramifications
associated with each asset to be divided, distributed or
assigned, which ramifications need not be immediate and
certain.
(10.2) The expense of sale, transfer or liquidation
associated with a particular asset, which expense need not be
immediate and certain.
(11) Whether the party will be serving as the custodian
of any dependent minor children.
(b) Lien.--The court may impose a lien or charge upon
property of a party as security for the payment of alimony or
any other award for the other party.
(c) Family home.--The court may award, during the pendency
of the action or otherwise, to one or both of the parties the
right to reside in the marital residence.
(d) Life insurance.--The court may direct the continued
maintenance and beneficiary designations of existing policies
insuring the life or health of either party which were
originally purchased during the marriage and owned by or within
the effective control of either party. Where it is necessary to
protect the interests of a party, the court may also direct the
purchase of, and beneficiary designations on, a policy insuring
the life or health of either party.
(e) Powers of the court.--If, at any time, a party has
failed to comply with an order of equitable distribution, as
provided for in this chapter or with the terms of an agreement
as entered into between the parties, after hearing, the court
may, in addition to any other remedy available under this part,
in order to effect compliance with its order:
(1) enter judgment;
(2) authorize the taking and seizure of the goods and
chattels and collection of the rents and profits of the real
and personal, tangible and intangible property of the party;
(3) award interest on unpaid installments;
(4) order and direct the transfer or sale of any
property required in order to comply with the court's order;
(5) require security to insure future payments in
compliance with the court's order;
(6) issue attachment proceedings, directed to the
sheriff or other proper officer of the county, directing that
the person named as having failed to comply with the court
order be brought before the court, at such time as the court
may direct. If the court finds, after hearing, that the
person willfully failed to comply with the court order, it
may deem the person in civil contempt of court and, in its
discretion, make an appropriate order, including, but not
limited to, commitment of the person to the county jail for a
period not to exceed six months;
(7) award counsel fees and costs;
(8) attach wages; or
(9) find the party in contempt.
(f) Partial distribution.--The court, upon the request of
either party, may at any stage of the proceedings enter an order
providing for an interim partial distribution or assignment of
marital property.
(Nov. 29, 2004, P.L.1357, No.175, eff. 60 days)

 

 

Lawmoe, Family Law Attorney
Category: Family Law
Satisfied Customers: 2415
Experience: Family Law Lawyer for 19 years
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