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Divorce can be a very complicated and confusing process. However, with the right guidance, this process can be made less stressful and less confusing. At Krevitz & Associates, we will answer all of your questions and translate the “legalese jargon" into plain English. |
What are the requirements for a Pennsylvania divorce?
In order to fully dissolve your marriage, one of the parties must file for divorce and grounds for divorce must be established. There are “fault” and “no-fault” grounds for divorce. Grounds for a no-fault divorce will be granted if the parties have been separated for a period of two years or more, or if both parties consent to divorce.
A fault divorce may be sought if the parties have not been separated for two years and/or one of the parties will not consent to a divorce. Fault grounds include, but are not limited to abuse, adultery, abandonment, and other willful misdoings.
Am I entitled to support or alimony?
Once parties are separated, the lesser earning spouse may be entitled to spousal support or alimony pendente lite from the dominant earning spouse. This is ultimately determined by the court based upon the expenses, standard of living during the marriage and the earnings and earning capacities of each party.
Alimony is awarded at the end of the divorce and can last several years. The amount and the duration of an alimony order can vary. The determination of the amount and the duration is fact specific and must be discussed with your attorney.
Is it necessary for me to have an attorney?
You have the right to hire an attorney but it is not required by the court. However, there are many distinct and unfamiliar issues that may arise during a divorce and it may be in your best interest to have an attorney to explain the laws, risks and advantages of certain decisions. Our mission at Krevitz & Associates is to educate you as the law specifically applies to your situation, thus allowing you to make an informed and proper decision. Having an attorney is most cases in the best idea.
Is a custody Order needed?
As a result of the union of man and woman, a child is born. An intact family unit makes joint decisions as to what is best for the child. Once the parties separate, some people lose sight of what is really best for the child and make decisions based on hurting the other spouse or winning favor with the child. In the long run this is not in the best interests of the child and will negatively impact on their development.
As a result the court gets involved and will use its own judgment in setting custody and a partial custody schedule for the child. It is always better for the child if the parties can agree on this schedule. We at Krevitz & Associates use our combined 40 years of experience in this area to guide our clients in proposing a schedule that fits the needs of the child.
How does the court decide where the child lives?
Pennsylvania courts use the standard of best interests of the child when determining custody matters. There are several factors the court will consider when making this determination and sometimes requires the parties to participate in a custody evaluation to assist the court in making said decision.
Who pays child support?
Every parent has an obligation to support their child(ren). The amount of child support is based upon the number of children and the parents’ income or earning capacity. For most families, the court follows the Pennsylvania State Guidelines in determining the support obligation of each parent. Child support is not contingent upon one parent having custody or visitation of a child. A parent may have to pay child support, even if they have no parental relationship with that child.
Courts will also determine which parent should provide medical coverage for the child(ren.) A parent’s child support obligation does not end until a child reaches the age of eighteen or graduates from high school, whichever occurs last.
DISCLAIMER:
The above are general responses to common questions but each case differs. This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. We are available to speak and meet with you at your convenience to answer all of your questions that are specific to your case.
In order to fully dissolve your marriage, one of the parties must file for divorce and grounds for divorce must be established. There are “fault” and “no-fault” grounds for divorce. Grounds for a no-fault divorce will be granted if the parties have been separated for a period of two years or more, or if both parties consent to divorce.
A fault divorce may be sought if the parties have not been separated for two years and/or one of the parties will not consent to a divorce. Fault grounds include, but are not limited to abuse, adultery, abandonment, and other willful misdoings.
Am I entitled to support or alimony?
Once parties are separated, the lesser earning spouse may be entitled to spousal support or alimony pendente lite from the dominant earning spouse. This is ultimately determined by the court based upon the expenses, standard of living during the marriage and the earnings and earning capacities of each party.
Alimony is awarded at the end of the divorce and can last several years. The amount and the duration of an alimony order can vary. The determination of the amount and the duration is fact specific and must be discussed with your attorney.
Is it necessary for me to have an attorney?
You have the right to hire an attorney but it is not required by the court. However, there are many distinct and unfamiliar issues that may arise during a divorce and it may be in your best interest to have an attorney to explain the laws, risks and advantages of certain decisions. Our mission at Krevitz & Associates is to educate you as the law specifically applies to your situation, thus allowing you to make an informed and proper decision. Having an attorney is most cases in the best idea.
Is a custody Order needed?
As a result of the union of man and woman, a child is born. An intact family unit makes joint decisions as to what is best for the child. Once the parties separate, some people lose sight of what is really best for the child and make decisions based on hurting the other spouse or winning favor with the child. In the long run this is not in the best interests of the child and will negatively impact on their development.
As a result the court gets involved and will use its own judgment in setting custody and a partial custody schedule for the child. It is always better for the child if the parties can agree on this schedule. We at Krevitz & Associates use our combined 40 years of experience in this area to guide our clients in proposing a schedule that fits the needs of the child.
How does the court decide where the child lives?
Pennsylvania courts use the standard of best interests of the child when determining custody matters. There are several factors the court will consider when making this determination and sometimes requires the parties to participate in a custody evaluation to assist the court in making said decision.
Who pays child support?
Every parent has an obligation to support their child(ren). The amount of child support is based upon the number of children and the parents’ income or earning capacity. For most families, the court follows the Pennsylvania State Guidelines in determining the support obligation of each parent. Child support is not contingent upon one parent having custody or visitation of a child. A parent may have to pay child support, even if they have no parental relationship with that child.
Courts will also determine which parent should provide medical coverage for the child(ren.) A parent’s child support obligation does not end until a child reaches the age of eighteen or graduates from high school, whichever occurs last.
DISCLAIMER:
The above are general responses to common questions but each case differs. This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. We are available to speak and meet with you at your convenience to answer all of your questions that are specific to your case.
Arthur G. Krevitz, LLM: [email protected]
Licensed to Practice in PA and NJ. Serving Clients in Bucks, Montgomery and Philadelphia Counties
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© 2009-2017 Krevitz & Associates, P.C.
Licensed to Practice in PA and NJ. Serving Clients in Bucks, Montgomery and Philadelphia Counties
Accept Visa, Mastercard, and Discover
© 2009-2017 Krevitz & Associates, P.C.
