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Why is the division of marital property different in every case?

Many parts of the law are laid out in strict terms so that the same thing is done each and every time. However, for the division of marital property in Pennsylvania, this is anything but true. Each case ends up a bit different, so it is hard to pin down exactly how things will go beforehand. Why is this?

For one thing, everyone has different assets and debts that have to be considered. Some people may have no debt, while others may have student loans, a mortgage and a car loan. Some may have assets like real estate or retirement accounts, while others may simply have cash on hand.

Another thing to consider is your children. Do both parents spend the same amount of time raising them, or is one parent far more involved? How many children are there? What is going to be in their best interests? As you can imagine, this is different for every family, especially since things like the age of the children have to come into play.

For example, if one parent is going to raise children who are already in school, he or she may be allowed to keep the house since that will be less jarring for the children, and it won't take them out of their school system. Also, if that parent has sole custody, a large family home may be needed.

The real reason that every case is different, then, is that there are just so many variables. These are simply a few examples, but there are dozens of things that must be considered, so courts must have flexible rules. Make sure that you know your rights before a divorce begins.

Source: Find Law, "Divorce Property Division FAQ" Nov. 20, 2014

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