Divorcing a Year (or Two) after Marriage?
It may seem that very short-duration marriages would be easier to dissolve in divorce than long-term marriages. After all, not much time has gone by, so it should be less complicated. However, in many ways, the opposite is the case, primarily because asset division is not clear-cut. In these circumstances, mediation is the best option for couples in Bucks County, PA.
Unique short-duration marriage factors in divorce
In long-term marriages, usually over time all property blends into “marital assets.” Very little has been set aside specifically for the use of one spouse – everything goes into the family pot, and no one really remembers where this or that item came from anymore. But if you’ve only been married for a year or two, this has usually not yet happened. Each spouse owned things before marriage that are still in service, and each remembers who gave them many of the items they use every day. This is one of the challenges for distribution of assets that is better handled through mediation rather than fighting it out in court.
Often in a short-duration marriage, a home or other major purchase has been recently made. In Pennsylvania, which is an equitable distribution state, the judge will divide the value of the property between the two parties, including the family home. But to sell the recently-purchased house could represent a significant financial loss. Through mediation, a couple may opt for co-ownership until it would be financially beneficial to sell.
With regard to spousal support, in very short-duration marriages courts rarely award spousal support, unless one party has given up opportunities or education for the marriage.
How mediation and collaborative law can help
Court proceedings can be long, expensive, and painful. As a mediator, my objective is to focus on the needs of all parties involved, brainstorm how to meet as many goals as we can, both financial and emotional, and resolve the situation as amicably as possible.
Choosing mediation can actually help couples dissolve their marriages and go into their new life situations with less pain and financial burden, thus improving their future outcomes. Keeping things amicable is especially beneficial if children are involved.
The length of the marriage generally is not a factor in child support or child custody. While the courts mandate certain requirements, mediation can look at the details of each of your life situations and the needs of the child and discover a financial and custodial arrangement that will be beneficial for the child as well as both of you.
Spousal support can be negotiated, if necessary, for the purpose of financially helping the spouse who has fewer career opportunities receive specialized training or support during a job search.
As both an attorney and a mediator, I have knowledge of Pennsylvania law, the ability to evaluate and discover the best solutions to complex problems, and a sincere desire to find resolutions that will benefit everyone involved. Contact my Doylestown, PA office for a consultation.