Archive for the ‘Divorce’ Category

PA Divorce Laws

To file for divorce in Pennsylvania you are first required to meet the residency requirement, which states that one spouse must have lived within the state for at least 6 months prior to filing for divorce.

 

It is also required that a couple establishes their grounds for obtaining the divorce and file for either a fault, or nofault divorce.

 

According to PA Divorce, a no-fault divorce can be obtained when there is mutual consent, or when a marriage is concluded to be irretrievably broken. If there is mutual consent, a court will authorize the divorce after an affidavit is signed by both parties and a minimum of 90 days have passed from when both parties initiated the divorce process. If seeking a no-fault divorce for a marriage deemed irretrievably broken, a couple must prove they have lived separate lives apart from another for at least two years while agreeing that reconciliation is not an option.

 

A fault divorce may be obtained when one spouse has been emotionally or physically harmed by the other. Established within PA Divorce Laws, actions that warrant this type of divorce may include: adultery, voluntary desertion, cruelty and endangerment, bigamy, imprisonment, or any other type of behavior that may be troublesome.

 

In reference to property distribution, all marital assets are to be distributed equitably. Contrary to what most people believe, this does not mean that all items shared between spouses will be split 50/50.

 

Instead, the court will provide an opportunity for the couple to work property issues out themselves and if that is unachievable, the court will proceed and make decisions for the couple based on what they believe is fair given the circumstances of each individual case.

 

If children under the age of 18 are involved in a divorce, the courts will again request that the parents reach an agreement amongst themselves. If this isn’t an option, the court will strive to accurately resolve issues and decide on a custody arrangement considered best for the children.

 

The various components of divorce laws in PA can be confusing for couples seeking a divorce, which is why hiring an attorney is recommended for anyone filing for divorce. To speak with a legal professional about obtaining legal services, contact us at Reinherz & Reinherz Law offices today!

 

Obtaining our legal services will eliminate any added pressure because we will supply guidance during the divorce process and answer any questions that may arise about PA Divorce Laws.

Child Custody in PA

When people have children together and decide to end their relationship with one another and consider a PA Divorce, custody issues may become a concern. For some, reaching an agreement is easy but for others, it may prove to be quite complicated. Reaching a child custody agreement becomes problematic when a spouse wishes to disconnect their children from the other party involved and refuses to handle the situation in a mature fashion. The best advice for dealing with a child custody issue in PA is to hire an attorney to represent you.

 

Regardless of whether your situation is amicable or not, obtaining a lawyer can be helpful. If you and your spouse are in agreement regarding custody arrangements, a lawyer can assist with creating the stipulation and consent form. A stipulation is a written statement outlining the agreement reached and a consent form is for the judge to provide approval on behalf of the court. When drafting a stipulation, it is important to be very thorough in order to avoid potential conflicts. An attorney can help with this process because they have experience in the field and as a result, understand what needs to be addressed when drafting the stipulation and consent form.

 

When dealing with a conflicted situation it is important to note that child custody law differs from state to state, with some states granting more favor to the mother. Child custody in PA enforces a policy that negates providing preferential treatment to either parent and instead, places the emphasis on the unique relationship that the child, or children in question, have with each parent. The decision for what is best for the child is then based on the assessment of those relationships. As your lawyer, we will provide all necessary information about these processes and inform you of the issues that may arise during the decision making process.

 

When a child custody arrangement is made, the type of custody granted to each spouse must be declared whether it is temporary, sole, split, or joint custody. There are also subcategories to these fields (for example: joint custody may refer to either joint legal custody, shared physical custody, or a combination of the two set forth by a special agreement).

 

To help with the logistics of dealing with child custody in PA, hire one of our legal experts to handle your case. There are a lot of components to family law and hiring an attorney to handle your case is exactly what you should do. Contact us for a consultation. We guarantee to provide peace of mind as you receive helpful guidance throughout the duration of your case.

 

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