These situations include where you have substantial assets; where you and your spouse cannot reach agreement on custody, visitation, or child support issues; and where your spouse is uncooperative or has been abusive. The attorney listings on this site are paid attorney advertising. If a child spends 40% or more overnights per year with a noncustodial parent, a rebuttable presumption exists that the noncustodial parent is entitled to a reduction in their child support obligation. What is a covenant marriage? This may not be necessary in some cases, where you and your spouse are in agreement. The covenant marriage is a relatively new creation in three states Arizona, Arkansas and Louisiana. If one parent makes more money than the other, there will generally be an order for child support even if the parties equally share custody.
If an agreement is not reached, it may increase the cost of a divorce as will mediation or arbitration. A judge may consider bad behavior when deciding whether to award alimony. The choice of a lawyer is an important decision and should not be based solely upon advertisements. If you cannot locate them we cannot take your case. Or for more complex matters, through the LegalZoom personal legal plan.
The Pennsylvania Supreme Court recently ruled on a case involving the treatment of a particular type of asset, a monetary settlement from an accident, in the case of Focht v. Can I really represent myself in my divorce? It is difficult to determine exactly what fees will be needed due to the varying circumstances surrounding any legal action or case. So, how do you locate your spouse? If a neutral third party does the supervision there is generally a charge for the service. Often times, particularly in the present economy, it is difficult for one or the other spouse to be able to refinance the mortgage or loan in his or her name. Lauren Dabule, Florida Resident Partner. Custody and support are separate actions that may arise during the divorce. The next best are Idaho and Nevada with six-week residency requirements.
Again, only an experienced divorce attorney in Pennsylvania can estimate how long it may take. Can I get an Annulment? This means that the divorce court utilizes a number of factors length of the marriage, ability of each spouse to support him or herself after the divorce, etc. For a complete description of marital and separate property, see the relevant Pennsylvania statues at 23 Pa. Here are answers to the most common questions that we get. Esta información no crea, ni su recepción o visión constituye, ninguna relación entre abogado y cliente. We cannot do this for you. Other documents may also need to be filed, mostly commonly financial statements.
If your case involves all three, it will be more expensive to litigate. Why do I need an attorney? When you are facing any type of criminal charges, you could end up spending time in jail, paying fines, losing your license and more. Any property that a spouse acquires after the date of separation is separate property. Many Pennsylvania divorce cases are filed under 3301 c and d which indicates mutual consent and irrietreivable breakdown, respectively. Your best bet is to sit down for a consultation with an experienced family law attorney on your area to discuss the details. You can also hire a private investigator. If an unmarried child has resided with his grandparents for a period of 12 months or more and is subsequently removed from the home by his parents, the grandparents may petition the court for an order granting them reasonable partial custody or visitation rights, or both, to the child.
If your spouse does not consent to being divorced, the action would proceed based on 3301 d which should have been a count in the divorce complaint. Is There a Residency Requirement for Divorce in Pennsylvania? If my spouse and I agree on how we should divide our property, do we have to rely on equitable distribution laws? I have to admit -- I have no idea what you're talking about. No, but it is rare that a divorce is granted before the economic issues, such as equitable distribution of marital property, are resolved. What if my spouse does not want the divorce? For example the Court will examine if you introduced yourself to others as husband and wife, change of address forms, joint tax return filings, hospital admission records, and so forth. As your attorney suggested, you can file a petition for contempt for her failures to abide by the court order.
What are the procedures for a divorce? I dropped my old attorney and came to Mike. Likewise, we do not file your papers with any court or assist with other requirements, such as service or publication procedures. These matters are often settled, but can require conferences, or hearings. What do I do if I can't locate my spouse? The vast majority of divorces in Pennsylvania proceed on no-fault grounds, where the parties state the marriage is irretrievably broken. Additionally, Pennsylvania employs a trifurcated system, meaning that divorce, custody and support can be handled at different times.
There are situations when you should not represent yourself and you should seek the assistance of counsel. Fault grounds must be alleged in the divorce complaint. Then, the parties must live as though they are unmarried. In some cases, a government backlog can lead to long delays before your process is complete. When parents have divorced, separated, or have never lived together, the parent with more custodial time is generally entitled. Our office accepts e-mails from parties that visit this website, but the sending of such e-mails does not create an attorney-client relationship and therefore these communications cannot be treated as privileged or confidential.
Grandparents may also petition for partial custody and visitation. 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. Is there any way to shorten the time? We use modern computer technology to save a ton of money on paper, mailing costs, and time. The parent who leaves sends a message to the court that the other parent is a suitable choice for physical custody. At the other end of the time spectrum a contested divorce can last years with the average contest lasting a year or more. An equitable division of marital property is not always an equal division.