Carla Risoldi's profile

What Does Equitable Distribution Work in PA and NJ?

A dedicated attorney in Pennsylvania, Carla Risoldi possesses more than two decades of experience helping clients with various family law matters. Carla Risoldi handles divorce cases that involve issues such as equitable distribution.

In Pennsylvania and New Jersey, the court has the power to distribute marital assets and property according to several enumerated statutory factors, including length of marriage, prospect for future earnings, health and education of the parties and other relevant factors. Pennsylvania and New Jersey are both " equitable distribution" states rather than " community property" states. Community property states, such as California, for example, are usually located in the western part of the United States, and these community property states seek to equally divide all assets acquired during the marriage. However, most equitable distribution states, such as Pennsylvania and New Jersey, are located in the eastern part of the country. As part of equitable distribution process, the court seeks to to determine the parameters of the so-called "marital estate" subject to division, including assets and liabilities of the marriage and divide them in an equitable manner, that considers what is fair in the overall scheme of the facts of each situation...

Separate property is usually excluded from the marital estate. Inheritances, for instance, are often regarded as separate property, even if they were acquired during a marriage and kept separately-titled. Similarly, property acquired prior to the marriage, and kept separately titled, is usually excluded from consideration in the marital estate subject to division by the divorce court. While an equitable distribution divorce court typically excludes separate property from the equitable distribution process, it may include the increase in the value of the separate property if that increase occurred during the marriage. Also, separate property, while not included in the marital estate, may be considered in fashioning the overall distribution of the the marital estate,

If you are faced with a divorce situation, you should always consult with an experienced attorney. In Pennsylvania or New Jersey, you can call Risoldi Law Offices, LLC to schedule a consultation with Carla Risoldi. Her number is 215-741-3700 or you can learn more about her at www.risoldilawoffices.com.
What Does Equitable Distribution Work in PA and NJ?
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What Does Equitable Distribution Work in PA and NJ?

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