Philadelphia Family Law Attorney

Twenty-Five Years of Divorce and Family Law Experience

Divorce or separation can be one of the most traumatic events you face during your life. I'm Lee A. Schwartz, a Philadelphia family law attorney serving the needs of people throughout the five-county Philadelphia region for 30 years.

Whether the issues involved are agreeably resolved outside of court or at trial will depend on your goals and what makes the most sense for you. My goal is simply to provide legal counsel and representation to help you make practical, informed decisions about moving forward with life.

Contact my office, Lee A. Schwartz, Attorney at Law, to discuss how I can help you address your legal concerns regarding:

Divorce and Separation

Pennsylvania doesn't recognize the status of legal separation : you are either married or you are not. However, you and your spouse can have a separation agreement if you are not living together. In Pennsylvania, two people can be separated even if they still reside in the same household.

If you do decide to divorce, choosing an experienced family law attorney is perhaps one of the most important decisions you will make. Your choice will influence much of your future, including how you divide assets, whether you are entitled to or will have to pay alimony and support, and child custody arrangements.

Alimony

The purpose of alimony (also known as spousal maintenance) is to provide the family court with a way to somewhat equalize post-divorce incomes for a couple. It is also designed to provide the dependent spouse who makes less income with a fresh start. It is not, however, appropriate in all cases.

Division of Property

Unless there is a premarital agreement or post-nuptial agreement, division of marital property and financial asset division, including division of retirement accounts and business assets, in a Pennsylvania divorce starts from a premise of equal sharing. In most cases, actual property division does not end up being 50-50. Pennsylvania's divorce code lists several factors that can determine whether deviating from equal sharing is warranted.

Child Custody and Visitation

Child custody in Pennsylvania can be as creative as you need it to be. In some cases, one party will have primary custody while the other can expect every other weekend visits. Other possible arrangements include a 50-50 or a shared physical custody arrangement. I represent both mothers and fathers in custodial disputes. I also represent grandparents and other third parties with their grandchildren.

Once a custody arrangement is made, the expectation is that it will be maintained and followed. It is critical that you consult with an experienced attorney if you plan on moving to a different city or state, or if your child's other parent is moving. Any relocation that impacts the custodial schedule needs court approval before relocating. There is a specific, step-by-step, legally required procedure you must follow before a parent relocates.

Child Support

For the vast majority in Pennsylvania, child support is determined by the Pennsylvania Support Guidelines, which provide a basic child support figure using a formula based on total income of each parent and number of children. Each parent's obligation is a percentage based on income; however, support paid by high-income individuals involves a much more complicated process. Support modifications also become necessary as circumstances change.

Enforcement of Orders

When parents fail to meet their court-ordered custody and support responsibilities, they may be charged with contempt of court. To work through disputes, the court may assign a parent coordinator to work with the parents to resolve the problems without a judge and without the need of an enforcement order.

Same Sex Issues

I represent same-sex couples in a variety of family issues, including cohabitation and dissolution agreements and adoptions. I have significant experience in dealing with these unique issues.

Support and Custody Modifications

Any custody or support orders in Pennsylvania are open to modification or separation because they are focused on the rights of the child, not the parents. Modifications to support or custody orders can be made following a significant change in circumstances, increase or decrease in income or loss of employment.

Alternative Dispute Resolution

Parties involved in family law matters may choose to resolve their differences through nonjudicial means. The most common forms of alternative dispute resolution (ADR) include collaboration, mediation and arbitration.

Prenuptial and Postnuptial Agreements

With more people getting married later in life, or entering second and third marriages, people bring an accumulation of property into marriage. While that property is not a marital asset in Pennsylvania, the increase in value during the marriage can be. A prenuptial agreement or postnuptial agreement allows you and your future spouse to keep accumulated assets separate and to provide for a host of other issues.

Protection From Abuse

Charges of spousal or child abuse are sometimes made in the early stages of a domestic dispute. If your spouse has filed for a protection order (also called a restraining order ), or if you believe you need to file for such an order, you and your lawyer need the vision to analyze whether there are long-term implications to such an order. I can represent your interests in a domestic abuse situation, including helping you obtain an emergency custody order if necessary.

Pennsylvania Child Support and Custody, Relocation, and Divorce Lawyer

Contact me, Philadelphia family lawyer Lee A. Schwartz, online, or call my office at 215-268-7814 or 866-605-6854 (Toll-Free). I am associated with the Spear Wilderman Law Firm.