Why you need us?

While it is true that there are many types of lawyers throughout the city it is very important that you hire an attorney that knows the local court system, knows the nuisances of how custody and support are handled, but most importantly you need someone that is dedicated to divorces.

Our family law attorneys all have a dedication to divorce. We understand what you are going through and the difficulties that lie ahead. That is why we have created this website, we want you to know that you are NOT ALONE. You have our team of attorneys as well as our dedicated staff. Please feel free to reach out to us for a free consultation.

Divorce in Philadelphia

Introduction
If you are going through a divorce, you will need an attorney who is an expert in Pennsylvania divorce laws.  Divorce is can be very stressful on the couple and their children.  You will need an attorney who is compassionate to your needs, emotions and rights; you will need the expertise of the attorneys in The Divorce Law Offices of “Insert Attorney Name” located in Philadelphia.  Our office will help you with a strategy plan that will make it an easier and faster process for you and your family.

In order for you to have a successful divorce in Philadelphia, you need to be prepared emotionally, mentally and financially.

Overview

  • If you are filing for a divorce in Philadelphia, at least one of the parties has to be a resident for at least 6 months.
  • If divorce is mutual, the waiting period before it is final is 90 days but can be as much as 2 years.

No-Fault Divorce

  • A no-fault divorce is when there is a breakdown of a marriage that cannot be fixed.
  • You do not need a reason for divorce.
  • The parties have lived separately, without co-habitation, for two years.
  • The parties have agreed to divorce and have signed and filed the appropriate papers in court.

Fault Divorce

  • Can take 6 months to 2 years to obtain.
  • There are grounds for the breakdown of the marriage:
    • Adultery
    • Abuse
    • Felony conviction – at least 2 years of jail
    • Desertion
    • Bigamy
    • Mental health – at least 18 months of confinement

Child Custody
Child custody is one of the most difficult issues to resolve in a divorce.  If you and your spouse cannot come to agreement on it, the judge will step in and make the decision for you, keeping in mind the best interests of the child or children.

Sole Custody

  • Pennsylvania courts do not always award the mother with sole custody.
  • The custodial parent has physical and legal rights for the child/children.
  • The non-custodial parent will be given visitation rights.

Physical / Legal Custody

  • The court will sometimes award physical custody to one parent, but both parents will share legal custody plus a visitation schedule.

Joint Physical / Legal Custody

  • Pennsylvania courts will most of the time award joint physical and legal custody.
  • The court takes into consideration if one of the parents has known problems with child abuse and or drugs.
    • Sole custody will be awarded if potential problems exist that can be harmful to the child/children.

Joint Custody / Shared Custody

  • Both parents share decisions regarding the child/children’s welfare
  • Share legal responsibilities.
  • The children split their time between each parent:
    • sometimes for weeks, 6-month periods or split weekends

Child Support
Child support is paid by one spouse to the custodial spouse to assist with everyday needs.

  • Family support payments for children are paid weekly or monthly.
  • Pennsylvania state uniform guidelines are used to determine the amount of support:
    • Income of each parent
    • Number of children
    • Ages of children
    • Length of marriage
    • Spouse’s ability to work
  • The support continues until the youngest child reaches age 18.

Spousal Support or Alimony
Pennsylvania has 3 options:

  • Alimony or Pendente Lite (APL)
    • Given temporarily until divorce is final.
    • Based on the difference of each spouse’s monthly income after taxes
  • Spousal support can be used to pay back a debt.
    • If the wife worked to put her husband through college.
    • Paid before the divorce decree.
  • Alimony is paid monthly after the divorce decree has been issued and property divided.

Equitable Distribution of Property
The Pennsylvania Divorce Code will control your divorce if you and your spouse cannot agree on the division of property and debts on your own.

  • Pennsylvania is not a community property state.
  • If an agreement cannot be reached prior to going to trial, the court will divide assets and debts fairly – not always equally.
  • Misconduct in the marriage is not taken into consideration; however, the factors used are:
    • The length of the marriage
    • Incomes
    • Ages
    • Health
    • Custody of the children
    • Prenuptial agreement?
    • Standard of living
    • Etc.

Marital Assets or Marital Property

  • Marital property or assets are anything purchased during the marriage.  This includes:
    • Home
    • Vehicles
    • Furniture
    • A family business
    • Financial – bank account, investments, retirement accounts

Non-Marital or Separate Property

  • Pennsylvania law allows non-marital property to be eliminated from the equitable distribution process.
  • This is property that was owned before the marriage and kept separate during the marriage.
  • This includes inheritances received or any gifts received before or during the marriage that was kept separate from the marriage.
  • If a spouse comingles non-marital property into the marriage, it will be considered marital property.

Marital Debts

  • Any debts incurred by either spouse during the marriage.
  • This includes a mortgage, car loans, credit card bills, etc.

Pension Plans

  • Any plans acquired during the marriage, such as 401(k), stocks, or retirements plans, become marital property.
  • If you want to keep your pension plan intact, an agreement should be made to trade other assets in its place.

Conclusion
While there is the chance that your divorce can be settled amicably, it is to your benefit to have a lawyer stand up for you and your children’s rights.  The attorneys at the Divorce Law Offices of “Insert Attorney Name”  have your best interests at heart and will fight for you during this stressful time.

 

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