How To Get a Cheap Divorce in Pennsylvania

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It’s true; there are ways to get a cheap divorce in Pennsylvania. Various companies provide legitimate, rapid, and seemingly affordable solutions to prepare you for the complex legal filing process.

If you opt-in for a simple, uncontested, online divorce, there are few meetings required, and you must complete the paperwork on your computer or smartphone.

However, you must remember that when your divorce is filed and finalized, nothing usually can change, and you are stuck with the terms in the document. Divorce is a complex matter involving your housing, assets, alimony, child support, visitation, and much more.

The Pennsylvania courts refer to an uncontested divorce as a  “no-fault divorce,” consensual no-fault divorce, or mutual consent divorce. If you attempt this legal process yourself, even a mutual consent divorce is complex and involves a lot of legal paperwork you are unfamiliar with.

In a mutual consent divorce, you and your spouse must agree to all the terms of your divorce. You must sign legal documents stating that you agree, and if at any point you or your spouse don’t agree on even a minor issue, you will need to start the process (and paperwork) all over again.

Five common steps are mandatory for filing an uncontested divorce in Pennsylvania, they are:

  • The divorce application – Here, you create and file the complaint for your divorce.
  • Your spouse must be legally served the divorce papers, and proof of service must be obtained.
  • You must create consents and other vital documents.
  • If you and your spouse are not in agreement on any matter, regardless of how small, and still wish to pursue an uncontested divorce, you will usually seek mediation.
  • Final decree – After all the paperwork is served, agreed on, filed, and more, the court will finalize your divorce with official divorce order documentation.

This process may seem to save you money, but it will take a lot of your time and cause you and your family stress, emotional upheaval, and money. If you make an error, you start over. Also, if you miss anything, it could cost more to fix the issue than if your divorce were done by a professional in the first place.

Is It Legally “Risky” To Try To Get a Cheap Divorce?

The simple and rational answer is, yes, it is.

Recently, many people have chosen to try “do-it-yourself divorce kits to legally end their marriages. These quick and seemingly “cheap” kits may appear attractive, especially since they promise an “easy” out of your marriage.

However, many who have tried these kits find that they are far more trouble than they are worth. After all the costs and fees, they are far from significantly cheaper than hiring an experienced divorce lawyer.

The finality, complexity, and stress of a divorce kit should make you consider consulting with a Pennsylvania family law team. They will know the right questions to ask, and you can move on confidently.

If I Do the Work Myself, Am I Giving My Spouse an Advantage?

In most Pennsylvania divorces, at least one of the spouses has their family lawyer advising them. If you don’t have a divorce lawyer, and your spouse does, you will undoubtedly be at a legal disadvantage. Your spouse’s lawyer will use your ignorance of the rules and regulations of divorce law to your spouse’s advantage every chance that arises.

You can assume that your spouse’s attorney has a much better understanding of court procedures than someone without legal training could not be expected to possess. For example, your spouse’s lawyer could retrieve evidence excluded from court, which may lead you, without a divorce lawyer, to receive a diminished share of your marital estate.

You could surmise that not having an experienced Pennsylvania divorce lawyer could cost you much more than you’ve saved by filing yourself!

Another Important Reason for Having Your Own Divorce Lawyer

One of the most important reasons for not attempting “do-it-yourself divorces” is that the paperwork filed (and provided online) usually fails to address Pennsylvania’s unique divorce procedures. This is relatively easy to understand, as these “divorce kits” are not usually compiled by a lawyer and very rarely by a Pennsylvania lawyer.

All divorce rules and regulations differ from state to state, and this “one size fits all” divorce paperwork commonly never adequately addresses family law in Pennsylvania.

Even more valid in Pennsylvania is that the laws and procedures are different in each of the state’s 67 counties! You must remember that if the proper state and local county rules and guidelines for getting a divorce are not followed, your divorce will not be granted.

The county clerk’s office staff will inform you that your filing is incorrect but cannot instruct you on how to fix the problems. So, you’re on your own to figure out what is wrong and how to correct it!

When your divorce lawyer explains their fees, it is a “total” fee, and all the courts’ fees, etc., are included in the amount. Your local divorce lawyer will know all the pertinent information to obtain your divorce on your terms.

I Am Getting a Divorce in Pennsylvania; How Should I Proceed?

First, consult your family law divorce lawyer, and obtain the peace of mind that their expertise and experience will provide.

There are many ways to save time and money on your divorce in Pennsylvania than relying on a risky, “one size fits all” divorce package. Consult with a divorce lawyer with a proven history who will offer you cost-effective and efficient divorce options. By doing so, you can finalize your divorce within your budget, without the financial and emotional stress of attempting this challenging legal process yourself. 

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How Do I Prove My Husband Is Lying During Our Divorce? 

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If you suspect your husband is lying during your divorce settlement, it is critical to disprove his statements, since your husband’s lies could significantly decrease your settlement, affect child custody, or damage your reputation. An experienced divorce attorney will be able to advise you on all legal means available to prove his deception.

Lying under oath, whether in court or in signed affidavits, is a serious offense and can carry civil and criminal penalties. A judge has discretion regarding how to punish lying. For example, depending on the severity of the perjury, he or she could require your lying husband to pay your legal fees, increase your settlement, award you sole custody, or apply criminal charges.

It is critical that you yourself do not lie. You must maintain integrity so there is a clear choice for the judge when your husband’s credibility is damaged by the exposure of his lies. Remember to always take the high road. Remain calm during meetings and court proceedings as well as on social media or email. It is best not to comment at all about your spouse publicly, especially online. 

Lying about finances

Unfortunately, lying about one’s finances is fairly common in divorce proceedings, but it can also be somewhat easy to prove with the right documentation. The difficulty is recognizing the different ways money can be hidden. Review our blog post, What if Your Ex Hid Money During the Divorce, for the many subtle ways money can be hidden. You can provide evidence that your husband is hiding assets in many different ways:

  • Bank, investment, and retirement account statements
  • Income tax returns
  • Household bills
  • Credit card statements 

It is possible your husband has income streams of which you are unaware. Your attorney may recommend you enlist the service of a financial auditor to dig deeply into your husband’s financial matters. 

Lying about you or your relationship

Character assassination is taken seriously by the courts, and your lawyer will know what legal recourse can be taken to stop the intentional damage to your reputation. Although it is uncommon for a husband to accuse a wife of physical abuse, emotional abuse could be alleged. In addition, your husband could lie about having another relationship or might accuse you of infidelity. Whatever the lies, take these steps to disprove them: 

  • Keep copies of social media posts and emails that support your position.
  • Maintain a log of conversations, situations, or events, including dates and times, describing the events and keeping track of quotes to the best of your ability. Indicate if it is a direct quote or a paraphrase.
  • Collect witnesses to the events in question who will sign affidavits supporting your position.
  • Find character witnesses who can speak for your character as well as your husband’s. 

You may need to secure the help of a private investigator to follow your spouse and collect more information.                                                                                                                                                             

Lying about children

As with lies about you, lies about the children or the husband’s involvement in child-rearing are best proven with logs, pictures, social media posts, and witnesses who can give evidence to the level of involvement he had with the children, his behavior toward them, and yours. You may also be able to provide documentation from the schools regarding who attended parent-teacher meetings, who picked the children up or dropped them off, and whose signature was on checks. See our blog post, Obtaining Sole Custody in PA, for additional information. 

One final note, if you want to try to “catch” your spouse lying it is critical to talk with our office immediately, especially if you believe you can record them (over the phone or in person) in the lie. Pennsylvania law has serious wiretapping laws that require consent if either the recorder or any other parties are in the state when the recording is occurring. If you record your ex, for any reason, you could face very steep penalties without that consent.  

Whatever the type of lie, your experienced divorce attorney can subpoena records, request gag orders, and schedule depositions for your husband or his witnesses under oath, in order to uncover any inconsistencies or deceptions in your husband’s statements. At Karen A. Ulmer, P.C., we know how to protect our clients and hold lying spouses accountable. Contact us today to see how we can help you.

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Healthcare for Children after a Pennsylvania Divorce

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When couples with children divorce, many child custody issues need to be addressed, including who will pay for the children’s health insurance and out-of-pocket medical costs. If parents cannot come to an agreement out of court, the judge will decide for them. In Pennsylvania, certain general standards are followed, which may be adjusted to the family’s particular circumstances.

Who provides health insurance coverage?

The judge will look at factors such as whether one or both parents have access to employer-sponsored health insurance, the relative benefits, costs of each, and which parent is currently providing insurance. Generally, but not always, the parent paying child support and/or having the higher income will be responsible for providing health insurance coverage. In some circumstances, the cost of providing health insurance will be split between the parents, in the amount proportionate to their incomes.

According to PA law, if neither parent is able to provide medical insurance, either because there is no employer-sponsored plan or because the plan exceeds “reasonable cost,” defined as 5% of net monthly income, the court may order that the child be covered under a PA government-sponsored plan.

Within 30 days of the court order, the parent providing coverage must submit written proof to the other parent that insurance has been obtained, including insurance cards and other necessary materials.

Who pays for copays and other out-of-pocket expenses?

Copays and other medical expenses in excess of $250.00 are allocated proportionately to the parents’ income. Medical expenses include surgical, dental, optical, and orthodontics, but not cosmetic, chiropractic, or psychiatric care unless so ordered by the court.

Since doctors and hospitals do not automatically allocate their bills to each parent, contact their billing offices and establish a contract defining what percentage of each bill should be charged to each parent. Both parents should sign the contract. This will avoid having the custodial parent receive the bill and be held responsible for paying it in full, leading to either a struggle to get reimbursement from the other parent or being hounded by bill collectors.

When does the obligation to provide healthcare insurance end?

Unless otherwise stipulated in an agreement or court order, a parent’s responsibility to provide health insurance ends when the child turns 18 or graduates from high school, whichever is later.

Whenever possible, divorcing couples should work to develop an out-of-court agreement, with the help of an experienced divorce lawyer, so that no stone is left unturned and no loophole is missed. By doing so, both parents maintain control over the situation and avoid turning over to a judge the final decisions that will so closely affect their own futures and the futures of their children. Contact us here at Karen A. Ulmer, P.C. to see how we can help you.

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Can I Force My Ex to Get a Drug Test under Pennsylvania Law?

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When children are involved in a divorce in Pennsylvania, one of the most important factors to be weighed in any judgment is the best interest of the child. If your ex has full or partial custody or visitation rights of any kind and you have serious concerns about your children’s welfare due to substance abuse, it is possible to require a drug test.

It’s extremely important to have a family law attorney involved in this process. You need to be able to produce evidence or very strong reasons for your belief, not just “a feeling.” Rules of evidence must be closely adhered to in order to maximize the likelihood of your success and avoid poorly collected evidence being thrown out as inadmissible in court – or worse, illegally obtained.

The first step may be to collect some initial evidence, under the guidance of your lawyer, to demonstrate you have a solid case. The next is to have your attorney file a motion asking the court to order the drug test. There are a variety of tests from which to choose based on your particular case and the judge’s preference: urine, blood, or hair analysis will give the court the information it needs.

Before the judge can rule, there will be a hearing, at which time your attorney will present your arguments and supporting evidence. Your ex-spouse will also likely be present or have a lawyer present to argue in his or her defense.

If the judge orders drug testing, the results will determine what happens next. If the parent tested fails the test, the particular substance and the level of use would be factored in deciding what custody modifications need to be made. Someone who tests positive for occasional marijuana use will likely not be judged as harshly as someone with recent, frequent heroin abuse. The judge may also order a second drug test after 60 or 90 days to determine if the parent is able to stop abusing the substance.

Child custody or visitation may be altered based on the information from the drug test, but the parent’s access to the child may not be completely blocked unless results demonstrate a very serious and consistent use of dangerous substances. The child’s physical and emotional safety are always weighed alongside the importance of having a positive relationship with both parents. This is a very difficult balance to keep, and mistakes can be made, but the intentions are good. Children grow best when they have a healthy relationship with both parents.

If you suspect substance abuse by your ex and want a custody modification in order to protect your children, please contact us here at Karen A. Ulmer, P.C. It is critical to bring the strongest case forward the first time because if you fail the first time, a second motion is less likely to be accepted unless the situation has changed or stronger evidence has come forth. Please contact us to see how we can help you present the strongest case possible.

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In PA, Can a Custodial Parent Move Out of State with the Children?

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In Pennsylvania, a divorced custodial parent cannot move out of state without informing the other parent, who has the legal right to object and attempt to block the move. 

We know you may want to move out of state for many reasons including a job opportunity, to be closer to family, or even just a fresh start. However, the other parent, even if they do not have custody, still has a right to be involved in the decision and possibly even block it. The courts are going to want to ensure that the move is not going to interfere with the non-custodial parent’s ability to be involved in the lives of their children.

Custodial parent’s legal duty in order to move out of state in PA

The custodial parent must serve the non-custodial parent and anyone else who has partial custody or visitation rights with official notice by sending a letter by certified mail, return receipt requested, 60 days before the move. If the custodial parent does not know 60 days before the move, the non-custodial parent must be informed within 10 days of the custodial parent finding out about the need to move. The letter must include:

  • Expected relocation date
  • Purpose of relocation
  • New street address, mailing address, and home phone number
  • Names and ages of everyone who will be living at the home with the children
  • Names of the new school and school district
  • Proposed adjusted visitation plans for the non-custodial parent
  • Any other relevant information

The non-custodial parent (or other person with court-assigned custody or visitation rights) has 30 days to file an objection to block the move, after which he or she loses the right to block relocation.

Factors the court considers

The burden of proof is on the relocating parent to demonstrate that the move would be beneficial to the children, improving their quality of life or standard of living without significantly affecting their relationship with the non-custodial parent in a negative way. The non-custodial parent must present arguments demonstrating valid reasons why the custodial parent should not be permitted to take the children away.

The court will weigh the factors:

  • The advantages of the move for the custodial parent and the children
  • The seriousness and validity of the moving parent’s reasons for the move. For instance, not simply because the parent wants a change of scenery or a new start
  • The seriousness and validity of the non-custodial parent’s objections
  • The level of involvement of the non-custodial parent in the children’s lives – for instance, attending sporting events and school events regularly outside of visitation time vs. only seeing or talking to the children every other weekend
  • The reasonableness of the new visitation arrangements, demonstrating no adverse effect on the relationship of the children with the non-custodial parent

Ultimately, while the court cannot stop a custodial parent from moving out of state, it can prevent him or her from taking the children. If the custodial parent still chooses to move, the custody of the children will be transferred to the other parent (or another responsible party, such as a grandparent).

If you are divorced and you or your ex is planning to move, it is critical to get help and guidance from a trusted expert in custody law. Contact us here at Karen Ann Ulmer, P.C. to see how we can help you.

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Wait! I Never Said That! How Your Spouse Can Try to Game the System

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As long as there has been litigation, there have been parties willing and able to use fraudulent evidence. It’s used to sway a judge or jury or pressure the other party into an unfavorable settlement. The only thing that’s changed is that the technology used to create these fakes has improved, but they can still be exposed as fraud.  

Why This is a Really Bad Idea 

Using fabricated evidence is an all-or-nothing strategy. Depending on the situation and the materials used, a spouse could get away with this and reach their goals. But if it’s exposed, no judge will tolerate a party trying to engage in fraud against the court. If this happens and your case goes to a trial, the judge may not permit your spouse to present any evidence, so the case will be decided based on your side of the story. 

No competent attorney will be involved in knowingly presenting falsified evidence in any legal matter. If they do, they risk being professionally sanctioned and their reputation tainted. No client is worth it. If your spouse falsifies a government document or forges your signature, they may be criminally charged. 

That Doesn’t Mean Your Spouse Won’t Try It 

The fake evidence someone may use is only limited by their imagination and ability to produce it. It can be as simple as falsely describing a conversation the two of you had. If there are no witnesses or recordings, it’s your word against your spouse’s. Other kinds of fake evidence are more complicated: 

  • Text messages or emails can be altered or fabricated, but you should have copies of the messages you send. You should keep copies of any messages sent by your spouse in case they later change something sent to you.
  • Faked phone messages would require changes by audio editing software. This software is free, openly available, and with a little practice, your spouse may be able to create a new message that sounds natural. If this happens, its authenticity can be challenged. If they claim you left it on a specific date and time, through your phone records you should be able to show you didn’t call your spouse then. A judge should only accept a voicemail recording from your husband’s service provider, not one downloaded from your spouse’s laptop. 
  • Your spouse may alter or create pictures and videos using Photoshop, Filmora, or similar software. You and others present when the event took place may testify what’s presented didn’t happen. An expert can also analyze the images and testify that the photos or videos have been altered and how it was done. 
  • The next frontier of fakery is using artificial intelligence to create audio or video recordings. Software and apps are available to do this, but the result would need to be convincing if someone wants to use it as evidence. There can be testimony asserting that what’s in the video never happened, and expert testimony could show it’s the result of video and audio manipulation 

If your spouse presents you with faked material they threaten to use, don’t panic. It may be good for your case. After it’s shown to be fake, your spouse will have no credibility, which is critical in divorce and child custody cases, and it may substantially hamper their ability to tell their side of the story to a judge. It also shows how desperate your spouse is and how fearful they are of your evidence. 

Get the Help You Need From a Lawyer You Can Trust 

If you need help with a divorce or child custody dispute, use our online calendar to schedule a free consultation or call us at (215) 752-6200. 

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Time for a Digital Lockdown

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Smart devices and social media are integral parts of our lives. But they can cause problems if you’re getting a divorce or preparing for one. The biggest issues are making damaging statements on social media and losing your privacy on your smartphone, laptop, or computer. It may be best to put your hands up and step away from your smartphone.  

Your Spouse the Casual Snooper 

Your smartphone may be how you make phone calls and view and send emails and texts related to your divorce. If you’re still living together, your spouse may look through your smartphone to see who you’re calling and who’s calling you. Your spouse may also read your texts and emails.  

You should make your devices as secure as possible. Change the password on your phone, shut off notifications, and delete unnecessary apps. Cancel accounts you own jointly, like Netflix or Apple. 

All remaining accounts and apps should have two-step authentication. If someone tries to access the account or change a password, you should get an email or text confirming that you’re the one taking the action. If you weren’t, don’t permit the change to happen. 

You should also go “old school” to protect your privacy by getting a post office box. If someone mails something divorce-related to you, your spouse won’t have access to it. 

Spyware and What You Can Do About It 

Changing passwords will make devices hard to use if your spouse is physically looking at your device when the opportunity arises. But if your spouse is knowledgeable and under-handed enough, your spouse may install illegal spyware, which may render your security efforts useless. 

Spyware is hidden software that secretly records information and tracks your activities. It may monitor and copy everything you enter, store, upload, and download. It also may be sophisticated enough to track your location and, without you being aware, turn on a device’s camera and microphone so your spouse can spy on you in real-time. 

Instead of trying to find and delete spyware, you could use your devices for everything other than divorce-related matters but buy a “burner” phone or laptop. You pre-pay for time using a “burner” phone, then dispose of it when you’re done. If possible, keep it secret, locked away when you’re not using it, and password protected. You could do the same with an inexpensive Chromebook which you can use for emails and internet research. 

Social Media is Not Your Friend 

You need support from friends and family to get through a divorce. Just don’t use social media to discuss it with them. Talk on the phone or in person. Anything you post on social media could be evidence that may be used against you. Complain about your spouse and the divorce process all you want, but not in a way that could damage your case.  

If you’re disciplined enough, maintain your accounts and post about things unrelated to your spouse and divorce. If you’re someone who blows off steam online, stop using social media to avoid the temptation. 

Get the Help You Need From a Lawyer You Can Trust 

If you want help with preparing for a divorce, have questions about the process, or need legal representation, use our online calendar to schedule a free consultation or call us at (215) 752-6200. 

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What You Risk With a Do-It-Yourself Divorce

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Legal representation in a divorce costs money. But it’s an investment that helps you prevent serious problems that you may encounter during and after your DIY divorce. A lawyer can save you time, energy, stress, and in the long run, money, by avoiding mistakes that you’ll make representing yourself.  We help couples here in Bucks and Montgomery Counties efficiently negotiate their divorce to save money on legal bills while still providing all the protection necessary.  

The more you have going on in your life, the more you risk in a DIY divorce. You may make it through the process alone, but you can’t go back for a do-over if serious problems arise after your divorce is final. If you agreed to something or an issue is decided by a judge, it might be impossible to change. 

Ignorance is Not Bliss 

Are you ready for these issues?  

  • You’re a stay-at-home parent while your spouse earns an income, or you worked to help your spouse improve their education and make more money. Are these factors impacting alimony or asset distribution? 
  • Your spouse owns a business. Is it profitable or not? How much has your spouse invested in it? Is it used to shelter marital assets so you won’t get a share? Is your spouse or the pair of you in debt due to the business? How will these issues impact your divorce? 
  • Your spouse has had extramarital affairs. Does that affect your divorce or your child custody claims? 
  • You have children. How are custody and child support determined? Do you feel your child should not be with your spouse? If so, how do you convince a judge you should get custody? 
  • You and your spouse have strong disagreements over how your child should be raised. How will they be resolved after your divorce? Who will decide what? 
  • A divorce will impact your current and future finances. Tens or hundreds of thousands of dollars may be at stake. Nearly all divorce cases settle through negotiations. How much negotiation experience do you have? Would you be comfortable negotiating a settlement with so much on the line? 
  • Your spouse has legal representation. Do you still go through the process by yourself? 

The time to learn about divorce, the law, and court procedures is not while representing yourself in your divorce. Mistakes can be costly. 

Your Life is Already Stressful. Do You Want to Add to It? 

It’s very stressful if you file legal documents and they’re rejected by the court clerk or a judge denies your motion. You may or may not be able to try again. Your spouse (or maybe worse, their attorney) may become very demanding and put you under a lot of pressure to agree to something that’s against your interests. How will you respond? 

Benefits of legal representation include the fact that we will handle the details, map out the strategy, execute our plan, make adjustments as needed, and deal with your spouse, their attorney, and the court system.  

Karen Ann Ulmer, PC, will save you time you don’t have to spare and prevent stress you don’t want. We also have knowledge and experience that you lack. We will zealously defend your rights and protect your interests during negotiations and in court so you won’t have to. 

Get the Help You Need From an Attorney You Can Trust 

If you have questions about divorce or want representation, use our online calendar to schedule a free consultation or call us at (215) 752-6200. 

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How Do I Use a Prenup If I Divorce?

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A prenuptial agreement, if properly executed, can make a divorce much simpler, so the process consumes less time, energy, and money. If you plan on getting married, it’s something worth considering. Here in Bucks and Montgomery Counties, we make sure that you have an airtight prenup when you get married and also skillfully use your prenuptial agreement should you get divorced.  

What is a Prenuptial Agreement? 

A prenuptial agreement, or a premarital contract or “prenup,” is a contract between two people planning to marry. It’s a written, signed document containing mutual promises. It goes into effect when the two marry. The parties release their rights when they divorce, or one dies.  

It can cover who pays what expenses during the marriage and what will happen if there’s a divorce: 

  • Who will receive how much alimony 
  • How property will be divided 
  • How assets and debts will be divided 

Who will get what kind of child custody and who will pay how much child support are not topics in a prenup. Those agreements will be part of your divorce agreement.   

What Makes a Prenup Valid? 

To be enforceable, the agreement must be: 

  • Written 
  • Voluntarily signed by the parties 
  • Not severely unfair and one-sided (one party will not be left destitute)  
  • A result of both parties fully disclosing their financial information 
  • Free of fraud or duress 

Both parties need to have attorneys help them put the agreement together and review it. This is a significant component in ensuring that the prenup is enforceable.   

Can a Prenup Be Disputed? 

A prenup can be challenged if a party can make a good faith argument that it isn’t enforceable. A court should uphold the prenup unless there’s clear and convincing evidence showing legal requirements weren’t met. A prenup may have been very fair when it was written but due to a change of circumstances, one party is going to now be left destitute.  That will not be allowed.  

What are Potential Complications? 

When a marriage starts, both parties make assumptions based on what they want to do or what they think will happen. But life is complicated: 

  • Both parties may be employed, so the agreement may be made based on that continuing. One or both may be temporarily unemployed at some point. One may suffer a disability, so that person has a lower or no income.  
  • A party may own a business before the marriage or start one after the wedding. The business may do very well, so there’s more income and assets than expected, or very poorly, so the income is much lower than what they planned for, or a spouse (or both spouses) may be deep in debt.
  • The two may have a child and one spouse may become a stay-at-home parent. If they weren’t planning for a child, expenses might be much higher than expected and income much lower 

Prenups should account for many possibilities, not just what the couple plans to do. If they encounter financial challenges that aren’t covered, it can cause conflicts during the divorce. 

Get Help With a Prenup From an Attorney You Can Trust 

If you have questions about prenups, want help creating one, or feel the one you signed shouldn’t be enforced, use our online calendar to schedule a free consultation or call us at (215) 752-6200. 

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I’m Buying a House With My Partner. How Do I Protect Myself?

Traditionally, American couples got married, lived together, and when they had enough money, they bought a house. However, the country is constantly changing. Now fewer couples are getting married, but people still want to buy a home. If you and your partner plan to purchase one without getting married and want legal protection if the relationship ends, a cohabitation agreement is worth considering. We have helped many couples in the Greater Philadelphia area put together cohabitation agreements.  

Fewer Marriages, More Demand for Houses 

Marriage rates have generally declined from 1982 to 2009, according to the federal Centers for Disease Control and Prevention (CDC). They stabilized from 2009 to 2017 but dropped again during the COVID-19 pandemic.  

Meanwhile, people are eager to buy houses. The inventory of houses for sale can’t keep up with demand and prices are moving skyward. The median house price in Bucks County in February 2018 was $277,250. Four years later it’s up to $400,000, according to Redfin. Currently, the average time a Bucks County house is on the market is three weeks. 

State Statutes Cover Married Homeowners. Contracts Can Cover Homeowners Who are Not Married

Under Pennsylvania statutory law, if you’re married, buy a house, then divorce, your marital assets and debts are divided. If you’re not married, you can use contract law, through a cohabitation agreement, to do the same whether you’re of the same or opposite sexes. Without marriage, there aren’t statutes you can rely upon to fairly resolve shared housing issues if the relationship ends. 

Such an agreement can include many things, but topics that could be covered include: 

  • Assets like real estate, bank accounts, and vehicles 
  • Debts such as the mortgage, car loans, student loans, and credit card debts 
  • How housing-related bills and obligations will be paid 
  • What will happen if one or both of you become unemployed or too disabled to work 
  • Whether each party will obtain life insurance with the other party as a beneficiary so their share of the mortgage can be paid if they die unexpectedly 
  • How the home is titled  
  • How the home and property (including household goods and furnishings) will be split if the relationship ends 
  • What happens if a party breaches the agreement 

What’s in a cohabitation agreement is up to the parties, but an experienced attorney can suggest language that’s needed to protect your interests. 

An Oral Agreement May be Valid, But Proving It May Be Difficult 

If the two of you make a verbal agreement on splitting mortgage payments, taxes, insurance, and maintenance, it may or may not be legally binding. More importantly, it’s generally much more difficult to prove one was made and, if so, its terms. You may claim the two of you agreed. Your partner may deny it. Without further proof, your claim will go nowhere. 

A written agreement is literally on paper, in black and white, signed by both parties, with the terms spelled out. One party could claim it’s invalid (because you engaged in fraud to induce them to agree to it or because performing the contract is impossible), but when both parties are represented by attorneys and the agreement is negotiated in good faith, establishing that should be very difficult. 

A Cohabitation Agreement May Only Be the Beginning 

If you share not only a house but have children together too, you should also have child custody and support agreements even if you’re on “good terms” on these issues. Situations change, so it’s best to work these issues out now in case the relationship ends in the future and the parties become angry and emotional. 

Get the Help You Need From an Attorney You Can Trust 

If you have questions about a cohabitation agreement or want help putting one together, use our online calendar to schedule a free consultation or call us at (215) 752-6200.

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