PERSONAL INJURY, FAMILY LAW, BANKRUPTCY LEGAL GROUP, EMPLOYMENT LAW AND WORKER'S COMPENSATION, ESTATES AND ESTATE PLANNING, GENERAL BUSINESS SERVICES & TAX LAW, ATTORNEYS BIOS

he issThe issues facing spouses who are divorcing, and especially parents with children, are not easy ones. Navigating through the Court system and dealing with important matters such as divorce, custody, and support can understandably cause stress and uncertainty. Our Firm has a reputation of providing aggressive representation of our clients to ensure that their rights are protected, while, at the same time, being compassionate for the sensitivity of the situation you are in.

Our Firm provides representation of clients in all areas of Family Law including the following:

Divorce Support / Custody
Custody
Pre-Nuptual Agreements

Property Division
Adoption
Protection from Abuse

General Information

Divorce

The issPennsylvania is a no-fault divorce state. Spouses can obtain a divorce without alleging fault on the part of the other spouse. However, you can still pursue a divorce based on fault grounds if you choose to do so.

The issThere are two ways to obtain a no-fault divorce. If both parties consent, a divorce decree may be sought 90 days after the divorce complaint has been served. If one party does not agree, though, you must wait 2 years from the date of separation. At that time, you would be able to seek a divorce without the consent of the other party.

TIn a divorce complaint, a parties may request, among other things, economic relief such as equitable distribution (division of the marital assets), alimony and counsel fees.

In general, if such claims are made, they must be decided before a divorce decree becomes final.

Common Law Marriage

The issA common misconception is that a couple is recognized as living in a common-law marriage situation after co-habitating for 7 years. However, length of time is not a determining factor in establishing a common-law marriage. Rather, certain evidence must be presented in order to establish the couple's intent and their living status. This evidence includes:

1.) Intent to enter into a marriage including words used in present tense which indicate the relationship of husband and wife;

2.) Residence in the same household on an on-going basis;

3.) A general reputation as husband and wife, recognized by the community, neighbors, relatives, friends and the two individuals themselves.

The issJust as there are accepted proofs that a common-law marriage exists, there are also certain factors that determine ineligibility:

1.) If both people are of the same sex; and/or

2.) If either person has an impediment to marriage such as an existing marriage, being under the age of 18 years, or the inability to obtain a marriage license for any other reason.

Support

The issWhen individuals who have children separate, one of the first questions to arise is that of support obligations. Under Pennsylvania law, separated parents have a duty to support their children. The support obligation is determined by guidelines which take into account both parent's net incomes.

The issIn some cases, a dependent spouse may be entitled to receive spousal support during the pendency of the separation and/or divorce proceedings. Like child support, the amount of spousal support awarded is based on the parties income and is determined by the support guidelines. If you would like more information about the support guidelines and support obligations, please contact us.

E-Mail us at Law@Blackandassociates.com