#Define martial law how to#
#Define martial law code#

Defining Marital PropertyĪccording to Pennsylvania property division laws, property in a divorce is classified as either marital property or nonmarital property.

#Define martial law how to#

When couples fail to agree on how to divide their marital property, the judge will be left to make the decision for them. If possible, it is best for spouses to negotiate their own agreement during this phase of the divorce process through the assistance of their Lackawanna county divorce lawyer.

#Define martial law code#

Instead, the PA Divorce Code utilizes a number of factors to determine fairness in the property division process. This does not mean that assets will be split evenly among the couple. Pennsylvania operates as an equitable distribution state, which means that marital property is divided fairly between spouses. Our Lackawanna divorce lawyers examine what this includes. Marital property is the key factor in splitting assets in a divorce. Essentially, each party must establish what is considered marital property and what is separate property to determine who will get what property in the divorce. The perpetrator does not actually have to be a public official.One of the most important issues to resolve in a Pennsylvania divorce is the division of marital property.

As used in this paragraph, 'public official' means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. (5) Where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, 'threatening to retaliate' means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death. (4) Where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. (C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.

(B) Was not aware, knowing, perceiving, or cognizant that the act occurred. As used in this paragraph, 'unconscious of the nature of the act' means incapable of resisting because the victim meets one of the following conditions:

(3) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. (2) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known, by the accused.

(1) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. (a) Rape of a person who is the spouse of the perpetrator is an act of sexual intercourse accomplished under any of the following circumstances: The following is an example of a state statute (California) defining ‘spousal rape’: The sexual acts include intercourse, anal or oral sex, forced sexual behavior with other individuals, and other sexual activities that are considered by the victim as degrading, humiliating, painful, and unwanted. Such illegal sexual activity are done using force, threat of force, intimidation, or when a person is unable to consent. Marital rape means any unwanted sexual acts by a spouse or ex-spouse that is committed without the other person's consent.