- How does one get a divorce in Pennsylvania?
From a practical point of view, there are two ways to be divorced in Pennsylvania. One way is with the consent of both parties and the second way is when one party will not agree. With the consent of both parties, there is a 90 day waiting period from the date the divorce complaint is served before the court will enter a divorce decree. If one party will not consent, there is a two year wait from date of separation before the court will divorce the parties without the consent of both parties.
- Do I have to have the economic issues of my divorce resolved before the Court will divorce me from my spouse?
Yes, this is the preferable way to be divorced. If not, you are leaving the economic issues "hanging out there" and with the divorce already granted, parties find there is no impetus to resolve the economic issues in a prompt manner.
- Is it required that I actually physically go to Court in order to obtain my divorce?
Not necessarily. Many divorces are resolved by agreement and the parties to not have to actually attend court. The Agreement is submitted to the court by mail and the Divorce Decree is then signed and returned to the parties by mail.
- If I leave my home and live in a separate residence, am I "legally separated"?
No. Pennsylvania does not recognize the status of "legal separation". You are considered either single or married, so if you do separate, you remain married until you are divorced. However, a good family lawyer can draft a Separation Agreement which can resolve a number of issues including child support, spousal support and custodial issues, amongst others.
- Can I be considered separated from my spouse while I reside in the same household with my spouse?
Yes you can. However, I would suggest that you seek the counsel of a good family lawyer to determine what you need to do or not do in order to be considered as separated while living in the same household as your spouse.
- Is it important to know when I am considered to be separated?
In some cases, yes. Some marital assets are valued as of date of separation and some as of date of divorce. Therefore, it can be critical to know the date of separation in some cases.
- When dividing marital property between spouses, is it always a 50-50 sharing of the assets?
Not necessarily. While there are cases in which an equal sharing is appropriate, there are likewise many cases where it is not. The Pennsylvania Divorce Code lists a number of factors to review in order to determine if an equal sharing of assets is or is not appropriate. Your divorce lawyer will review those with you at the appropriate time.
- Who actually divides our marital property, us or a judge?
That depends upon you and your spouse. If the two of you, either directly or through your attorneys, can arrive at an acceptable division of property, then that agreement will be put in a written document called a Property Settlement Agreement. Otherwise, the Court will divide your assets for you. It is, however, always advisable to try to settle this issue between the parties. Why would you want a third party, who does not know you, your spouse or your children, to divide your assets for you?
- Is all of our property marital property subject to division?
Not necessarily. Property acquired by one or both parties between date of marriage and date of separation is generally marital property, regardless of how the property is titled. However, property brought into the marriage by a party or property that is inherited is not marital property. If you have questions about specific issues, it makes sense to discuss this with your family law attorney.
- Can I obtain Full Custody of my children?
In Pennsylvania, probably not. Generally, the only time Full Custody is awarded is when the other parent either has serious psychiatric issues, serious criminal convictions, and the like. Generally, the highest level of custody most parents can get is Primary Physical Custody.
- I am being deprived of seeing my children. Is there anything I can do?
Absolutely. Contact a good family lawyer today and arrange a consultation. As a non-custodial parent, you have rights. If you wish to obtain a custody order, that process can be started immediately.
- Is there anything that can be done if one parent refuses to follow a custody order?
Yes. Contempt of court is certainly available. You would need to file for contempt in order to have the court address the issue. Your family lawyer can help you with this.
- Is there a usual or customary custody order in Pennsylvania courts? Not really. While many non-custodial parents have an "every other weekend" schedule, many do not. Custody is a very creative area of the law and orders can be fashioned to the exact needs of the parties.
- How is child support calculated in Pennsylvania?
For those parties with combined income of $20,000.00 per month or less, the Pennsylvania Support Guidelines are used to calculate support. This is an income based calculation only. In most cases, the amount of your monthly expenses do not matter. If the combined income of the parties exceeds $20, 000.00 per month, child support is calculated depending upon the actual financial needs of the children.
- In addition to child support, does Pennsylvania law provide for support for spouses?
Yes. In addition to child support, the spouse with the lower income, in appropriate cases, can obtain spousal support, which is also know as alimony pendente lite. Your family lawyer can provide you with the calculation method used.
- What if one spouse is intentionally earning less than he or she is capable of earning?
Pennsylvania is an "earning capacity" state. That means that if a party is intentionally earning less than he or she can, the income of the spouse earning less can calculated by using the amount the person could be earning rather than the amount the person is earning.
- Are there any direct expenses that are considered by the court in a support action?
Yes. Expenses such as private school, orthodontia, summer camp, psychological treatment, child care and other such expenses are considered and can be made a part of a child support order.
- Can my spouse or ex-spouse be forced to pay for a portion of our child's college education?
In most cases, no. For children attending college, the child support obligation ends in Pennsylvania when the child graduates from high school or turns 19, whichever first occurs.
- Is Pennsylvania an alimony state?
Yes, alimony is provided for by the Divorce Code. However, whether alimony is appropriate in your case will depend upon a number of factors as well as which county your divorce is filed in. Consult with your lawyer about this issue.
- Can I get alimony in addition to division of property?
It depends. If it is determined that in your case alimony is warranted, then you can get both alimony and a percentage of your property. This is a case by case and county by county determination.
- Is alimony taxable to the recipient?
Yes. Unless the parties specifically agree otherwise in a writing, alimony is taxable to the recipient and deductible for the payor.
- How do I go about selecting my family lawyer?
There are a number of factors that I believe go into that choice, in no particular order. First, you should select a lawyer who has a broad base of knowledge in family law. Many lawyers publicize themselves as family lawyers. There are few of us who practice family law as a steady diet. Second, select a lawyer who is honest and forthright, not one who will tell you what you want to hear. There are lawyers who will tell the client what the client wants to hear rather than the plain facts. It does you no good to hire someone who is all fluff and no substance. Third, your lawyer should be responsive to you. Not returning phone calls and not answering emails is just not acceptable. Fourth, select a lawyer who is upfront and honest about billing. There are other factors which may be important to you. Interview your lawyer and come into the initial consultation with a written list of questions. Your gut feeling will tell you whom to hire.
- What is Mediation?
Mediation is a process wherein the lawyer does not represent either party to the divorce. Rather, the lawyer helps the two parties discuss and hopefully come to agreement on many issues, including custody, support, alimony, division of property and other matters.
- Why would one select mediation rather than litigation?
Oftentimes, mediation is less costly than litigation. Also, mediation generally decreases the amount of time it takes to get to the point of being divorced. Further, in mediation you and your spouse are deciding the important issues (rather than a Judge), including custody of the children, division of property and amount of support.
- Who are appropriate candidates for Mediation?
Only those people who are truly looking to resolve their dispute and can keep "their eye on the ball". People who are looking to hurt the other party or use the process to inflict revenge or pain on the other party are not candidates. Both parties to a divorce must be appropriate candidates for this process to work.
- Can any lawyer do Mediation?
While many do, only those who are properly trained and have the proper experience should be considered by you as your mediator.
- Do I need a pre-marital agreement?
If this is your second marriage, if you are getting married later in life, or if you have property or investments that you are bringing into the marriage, you may be a candidate for a pre-marital agreement. Again, contact a good family lawyer for a consultation. This is a highly specialized document.
- What issues are generally covered in a pre-marital agreement?
This issues that are covered are as varied as the clients needs. Does one party have pre-marital assets they wish to protect? Does a party wish to provide a formula for alimony or spousal support in the event of divorce? Does a party wish to exclude income earned during the marriage from marital property? These and a host of other concerns can be covered by a properly drafted pre-marital agreement.
- When should I begin the process of having a pre-marital agreement drafted and signed?
Generally speaking, if you have a wedding date, it is not too early to begin. Oftentimes, people contact a family lawyer several weeks before the wedding date to begin the process. This is far too late and serves to place unnecessary pressure on the parties to the agreement. Starting the process many months ahead of time generally makes a lot of sense.
- My spouse or significant other is abusive. What can I do about it?
Pennsylvania has a Protection From Abuse Act, which protects a person in a loving relationship if that party is in fear of imminent bodily harm. Stalking is also forbidden. If you have been abused, call the police immediately. They will advise you on how to proceed.
- What protection does the Protection From Abuse Act provide?
It provides for a number of different protections. If the abuse is considered severe, the other party may be put immediately out of the house you share with the other party. A hearing will be scheduled very promptly and if abuse is found to have taken place, an order may be entered that the abusing party stay away, is evicted from the home and/or is forbidden from being around you. Other protections are also provided by the Statute.
- I have been accused of abuse but I didn't do anything. Will I automatically be found to be an abuser?
Depending on the evidence, it is very possible that the Petition for Protection From Abuse may be dismissed by the Court. Be sure to tell you family lawyer all the facts so your lawyer can protect your interests.
- How long will it take for me to get divorced?
It is impossible to predict. A party can file the divorce complaint and then refuse to consent to the divorce. If either party refused to consent to the divorce, this will result in the parties having to wait two years from the date of separation to proceed with the divorce. However, if both parties do consent to be divorced, then there is a 90 day waiting period, from the date the divorce complaint is served, after which the divorce can be finalized.
- How much will my divorce, custody, support or other Family law matter cost me?
Every case has unique issues which need to be addressed. If the parties can reach an agreement to resolve the issues of equitable distribution, custody and support, an experienced Family lawyer can draft a Property Settlement Agreement and the costs to proceed with a divorce or other domestic relations matter will be much less as compared to those cases where the parties litigate all of the issues.
- What if my spouse threatens to quit his or her job to avoid paying support or alimony?
Pennsylvania is an "earning capacity" state. As such, the amount of support a party will pay or receive, should that party voluntarily reduce his or her income, will be calculated on the amount of income that party has demonstrated he or she has the ability to earn.
- If our marital property is titled in just one spouse's name, will that effect whether the property is marital property or not?
No. Generally how property is titled does not have an impact on whether it is or is not marital property. It is not uncommon for married people to title property in just one name. This does not effect whether it is or is not marital property.
- Is it permissable for my spouse (or ex-spouse) to move with my child out of state?
Not without court permission. A party must obtain court permission to relocate. If the other parent is threatening to do this without court permission, you should contact a good family lawyer now for advice as to your rights.
- My spouse has committed adultery. Will this effect the percentage of marital property to which my spouse is entitled?
No. Pennsylvania is a no-fault state. If one spouse commits adultery or wrongs the other spouse, that does not entitle the aggrieved spouse to a greater portion of the marital estate.
- My spouse and I are not getting along, and I have asked him/her to leave but he/she refuses to leave. What can I do?
Neither party can require the other party to leave the marital home absent abuse or threats of abuse. If you are being abused or threatened, contact a good Family lawyer today.
- My spouse has moved out of the marital home and left me with all the bills. What can I do?
You may be entitled to file a motion for child and/or spousal support with the Court asking for a support order. It is in your best interest to consult with an experienced Family lawyer to answer your questions and find out your rights and obligations.
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