Couples generally focus on the major assets in a divorce. However, couples should consider how to allocate all property accumulated during the marriage.
If a spouse brings separate property into the marriage, any increase in value during the marriage may be considered marital property. Marital property to be divided during a divorce may include:. Child custody can be one of the most complicated issues in a divorce. Child custody in Pennsylvania can be decided between the parents or through the courts.
If the parents agree on how to divide and share child custody and responsibilities, the couple may not need to go through the courts to get a court order.
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In most cases after a divorce, physical custody and legal custody are shared between parents. However, custody may also involve sole custody by one parent, or supervised visits where another person is present to monitor the interaction between the child and the parent.
When the couple cannot agree on child custody or a dispute arises, the courts will get involved to determine child custody. Shared child custody plans can vary based on how well the parents get along, the distance between parties, work schedules, travel, and education plans. Common joint custody schedules include alternating every week or every other week, including alternating midweek or weekend visit. However, when parents live further away, shared custody may be based around the school year. For example, one parent may have custody of the child during the school year, and the child will visit the other parent during the summer and school breaks.
Child support after a divorce involves payments made to support the costs of raising a child. In most cases, child support is paid by the noncustodial parent to the custodial parent. The amount of child support is determined based on a number of factors, including the income of both parents, number of children, and other support obligations.
Child support is calculated by the court and subject to a child support order.
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Failure to pay child support can lead to wage garnishment, intercepted tax refunds, property liens, contempt of court, license suspension, and possible jail time. When circumstances change, either parent may ask the court to modify a child support order. Changed circumstances include:. Alimony is financial support for a spouse after divorce.
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Also called spousal support, alimony is granted after a divorce to provide for the needs of a spouse who does not have enough money or financial resources to provide for themselves. Alimony is available to men or women after a divorce. Generally, alimony is a temporary type of support, with the amount and duration based on a number of factors, including:.
Divorce can be a difficult process, especially when children are involved. Even if the separation is amicable, having an experienced lawyer on your side can help you make the important decisions to protect yourself and your children's future. Family law attorney David J.
Cohen is devoted to representing the people of Pottstown, Pennsylvania, and surrounding areas. Contact the David J. The David J. Cohen Law Firm provides the Ultimate Service to all clients, responding to inquiries responsively and before the day is over. I am the friendly, approachable, down to earth, attorney, who will fearlessly defend your interests through formidable representation. Divorce and Property Division in Pennsylvania.
Divorce in Pennsylvania In order for a couple to get a divorce in Pennsylvania, one or both of the spouses has to have lived in the Commonwealth of Pennsylvania for at least the last 6 months. Fault Divorce At-fault divorce requires the person filing for the divorce plaintiff to show the other spouse defendant was responsible for the failure of the divorce, by doing something wrong. Grounds for fault divorce include: Adultery; Desertion for a year or more; Imprisonment for 2 years or more; Indignities, or continuing conduct by the defendant that make the plaintiff's life unbearable; or Endangering the life or health of the plaintiff.
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No-Fault Divorce No-fault divorce is the more common type of divorce in Pennsylvania. The choice of a lawyer is an important decision and should not be based solely upon advertisements. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Office in Ridgeland, MS. Offices in Pittsburgh and Philadelphia, PA. Kimberly Lewellen licensed in CA only. Lauren Dabule, Florida Resident Partner. Tampa, FL. Call our office today at. What are the grounds for divorce in Pennsylvania? A divorce based on no-fault grounds must assert that the marriage is irretrievably broken. What is a divorce going to cost me? Can I afford it? Do I really need to hire an attorney?
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Does Pennsylvania grant divorces based on marital fault? Please see above. Can I get maintenance or will I have to provide maintenance to my spouse? Can I get an annulment in Pennsylvania? When is my case going to be over? If attempts to serve my spouse do not work, what is my next step?
At what point during the process can a spouse remarry or start dating? What if my spouse does not want the divorce? Do the other issues — child support, child custody, alimony, and property — have to be decided before the divorce is final? In Pennsylvania these issues are trifurcated and may be dealt with at different times. How long do I have to live in Pennsylvania to obtain a divorce? After I file for divorce, do I have to continue to live in Pennsylvania? What if I am in the military and out of state? Physical presence in the state is not required to obtain a divorce decree.
How do I prove fault for divorce?