the modern woman's divorce guide

Meredith Brennan is a family lawyer at Schnader Attorneys at Law in Philadelphia, Pennsylvania. She is a member of the Pennsylvania and Philadelphia Bar Associations, and has published several family law journal articles. She also is a frequent speaker on family law topics. Prior to joining Schnader, Ms. Brennan served as an intern in the Family Violence and Sexual Assault Unit of the Philadelphia District Attorney’s office. She also served as an intern at the National Organization for Women Legal Defense and Education Fund. Ms. Brennan can be reached at mbrennan@schnader.com or 215/751-2418.

Recently, Ms. Brennan took time out of her busy schedule to answer The Modern Woman’s Divorce Guide’s questions about divorce.

1. What are the grounds for divorce in your state? Pennsylvania has both fault and no-fault grounds for divorce. A no-fault divorce requires both parties to consent to the divorce after they have been separated for 90 days, or one party may obtain a divorce after the parties have been separated for two years. Some of the fault grounds for divorce include adultery, desertion, cruel and barbarous treatment and indignities. The spouse who wants a fault divorce must be “innocent and injured.”

2. Does fault (such as infidelity or domestic violence) affect the outcome of a divorce in your state? If so, how? Fault is not considered for purposes of equitable distribution (division of the marital assets and liabilities.) Fault is one of 17 factors to be considered in an award of alimony.

3. If a woman is preparing for divorce what, if anything, can she do to improve the outcome of her case? Collect financial information before such documents may no longer be accessible to you. Keep careful records of your expenses, and save receipts and other bills verifying your actual expenses. Ask your attorney what factors a court considers in awarding property and alimony, and give your attorney detailed notes about how those factors apply in your case.

4. What are some of the biggest obstacles women face in divorce?
Getting access to financial information is one of the biggest obstacles. To the extent women are involved in the parties’ finances before a divorce occurs and/or is able to access financial documents before a separation, she will be much better prepared.

5. When should a woman take her case to trial? When shouldn’t she? Whether a case goes to trial generally depends upon the temperament of the parties and counsel involved. A settlement is always desirable given the unpredictability of family law cases and the impact such litigation has on the parties and children.

6. How can a woman make divorce easier on her children? Do not discuss the litigation with the children. No matter how bad a husband may behave, it is always better to be the bigger person and leave the children out of a dispute that should not be their concern or burden.

7. What qualities should a woman look for in a divorce lawyer?
A lawyer should be your strongest advocate, but should also give you a realistic expectation of results. A lawyer should keep you informed about the status of your case, and willing to take the time to explain the process to you.

8. What should a woman do if she disagrees with her divorce lawyer’s recommendations? The client should always feel free to disagree with her lawyer’s advice and feel confident enough to raise questions with her lawyer. The lawyer can either explain her recommendations to the client’s satisfaction, or the lawyer may recommend that the client seek a second opinion from a different lawyer.

9. If you could impart any of your wisdom to a woman who is going through divorce, what would it be? Be prepared: the more work you have done on your part in terms of collecting financial information, keeping records of your expenses, and providing your lawyer with necessary information about assets, income and custody-related issues, the smoother and more cost-efficient your case will be. Although this may be one of the most difficult and trying times in your life, try not to let the case consume you. Life will go on, and what doesn’t kill you makes you stronger.

10. Are there any divorce books or resources that you would like to recommend to women going through divorce? If so, please list them below. I recommend that any woman contemplating divorce go to her local bookstore and find a general manual about the divorce laws of their state. Again, an informed client armed with financial information and a general sense of the divorce process makes the divorce much easier for her.

This article is not legal advice. You should consult an attorney if you have questions that relate to your divorce and finances.

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