Practice Areas

Philadelphia, Pennsylvania, Divorce and Family Lawyer

Divorce or separation can be one of the most traumatic events you face during your life. I'm Lee A. Schwartz, a Philadelphia, Pennsylvania, attorney serving the family law needs of people throughout the five-county Philadelphia region for over 25 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 to discuss how I can help you address your legal concerns regarding:

Divorce

In a 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.

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. In Pennsylvania, two people can be separated even if they still reside in the same household. Whether or not you are separated can be an important legal issue.

Alimony

Contrary to popular belief, Pennsylvania is an alimony state. The purpose of alimony (also known as spousal maintenance or spousal support) 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 pre-marital 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

Child custody in Pennsylvania can be as creative as you need it to be. There is a perception that one party will have primary custody while the other can expect every other weekend visits. This is true in some cases, but there are many other possible arrangements, including a 50-50 or a shared physical custody arrangement.

Relocation

We live in a mobile society. Whether you are the custodial parent or not, there are visitation, support and other factors that impact the desire of one parent to move out-of-state, or the country. As an increasingly relevant issue in Pennsylvania, it is critical that you consult with an experienced attorney before taking any action. Any relocation that impacts the custodial schedule needs court approval before relocating.

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.

Alternative Dispute Resolution

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

Divorce Mediation

Not all divorces are litigated through the courts. Rather than having to hire their own lawyers and go through an often lengthy, difficult, and emotionally draining litigation process, a divorcing couple may consider divorce mediation. In what is an often shorter period of time, parties may obtain all signed agreements, with nothing left to do but complete the simple process of filing a divorce complaint and obtaining a divorce decree.

Prenuptial Agreement

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 or premarital agreement allows you and your future spouse keep accumulated assets separate.

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, or if you believe you need to file for such an order, you and your lawyer need the vision to look down the road and analyze whether there are long-term implications to such an order.

Contact Lee A. Schwartz, Attorney at Law

For more information or to discuss your case, contact me, Philadelphia family lawyer Lee A. Schwartz, or call my office at 215-268-7814 or 866-605-6854 (Toll-Free). I am associated with the Spear Wilderman Law Firm.