Faq

In Pennsylvania, divorce can be based on either fault or no-fault grounds. No-fault divorce can occur when both spouses agree to the divorce or after living separately for at least one year. Fault-based reasons include adultery, desertion, cruelty, bigamy, imprisonment, or enduring mental cruelty making life unbearable.

Child custody decisions are made by courts based on the child’s best interests. Factors considered include the child’s needs, each parent’s ability to provide, the child’s preference (if old enough), and any history of abuse. Custody can be sole or shared, both physically and legally.

Physical custody refers to where the child will reside and who will handle their day-to-day care. Legal custody grants a parent the right to make significant decisions about the child’s upbringing, such as education, healthcare, and religious practices.

Child support in Pennsylvania is calculated based on a state-established guideline that considers both parents’ incomes, the number of children, and time spent with each parent. The formula ensures a fair distribution of financial responsibility.

Yes, child custody or support orders can be modified if there is a significant change in circumstances, such as a change in income or the child’s needs. A petition must be filed with the court, which will reassess the case based on the child’s best interests.

To initiate a divorce, one spouse files a Complaint in Divorce with the court. If both parties agree, they can jointly file. A mandatory 90-day waiting period must pass before the divorce can be finalized.

While you can represent yourself, having an experienced family law attorney helps ensure your rights are protected and can simplify the often-complex legal process, especially when it comes to navigating issues like custody, support, and property division.

In Pennsylvania, property is divided based on fairness, not necessarily equal shares. The court evaluates various factors, including the length of the marriage, both spouses’ contributions, and their economic circumstances.

• Spousal Support: This is financial assistance paid by one spouse to the other during the separation period, before the divorce is finalized. It’s typically awarded when one spouse is financially dependent on the other.
• Alimony Pendente Lite: This is temporary financial support awarded during the divorce process to help a spouse maintain their standard of living while the case is pending. It’s meant to cover living expenses until the final divorce settlement is reached.
• Alimony: After the divorce is finalized, alimony may be awarded to one spouse based on their financial needs and the other spouse’s ability to pay. Factors such as the length of the marriage, each spouse’s income, and the standard of living during the marriage are considered when determining the amount and duration of alimony.

Under certain conditions, grandparents may seek custody or visitation rights if the court believes it’s in the child’s best interest. Factors such as the quality of the relationship with the child, the child’s preferences, and the health of the parties involved are considered.

Legal separation means living apart but remaining legally married, which allows arrangements for custody and support. Divorce, however, legally ends the marriage and dissolves all rights and responsibilities between spouses.

To protect assets in a divorce, it’s helpful to have a prenuptial or postnuptial agreement. Keeping detailed records of separate property and ensuring full disclosure during the divorce process also helps ensure a fair division.

Yes, even if one spouse does not agree, Pennsylvania law allows for a no-fault divorce. If both spouses cannot agree, one spouse can seek a divorce after living separately for at least one year.

If an ex-spouse fails to follow a custody or support order, you can file a petition with the court for enforcement. The court may impose penalties, alter the existing order, or in severe cases, hold the violating party in contempt.

If you believe your spouse is hiding assets, you can seek legal assistance to investigate and uncover hidden property. The court may adjust the division of assets to ensure fairness and may penalize the spouse who failed to disclose.

Adoption involves filing a petition, completing a home study, and obtaining the consent of the biological parents (if applicable). Once the adoption is finalized, adoptive parents assume all legal rights and responsibilities for the child.

If you’re experiencing domestic abuse, you can file for a Protection from Abuse (PFA) order. This order can provide immediate protection by restricting the abuser’s contact with you and may include custody and support arrangements.

In Pennsylvania, a child’s last name can be changed through the court system. The petition for the name change must demonstrate that it’s in the child’s best interest, and both parents will generally need to be notified, unless one is unavailable. There are other options available depending on the facts of your case.

If a parent wishes to move out of state with a child, they must seek approval from the court, especially if there is a custody order in place. The court will review whether the move benefits the child and may modify the custody arrangement accordingly.

If you’re facing divorce, child custody disputes, or other family law matters, consulting with an attorney can help clarify your rights, options, and the legal process. Having an experienced family lawyer ensures that your interests are properly represented.

Kayden’s Law, enacted in Pennsylvania, aims to protect children from abuse during custody arrangements. It requires courts to consider a history of domestic violence when making decisions about custody and visitation. The law ensures that any allegations or findings of abuse are taken seriously, prioritizing the safety of the child during custody hearings. Additionally, it helps to ensure that children are not forced to have unsupervised visits with an abusive parent.