Frequently Asked Questions

Divorce FAQs

What is "abandonment"?

Pennsylvania requires the party filing the divorce action to state the ground(s) on which they are requesting the divorce — in other words, a reason the marriage should be terminated.  Most divorces in PA are finalized under no-fault grounds. Abandonment, however, is a fault-based means of obtaining a divorce. If your spouse has abandoned the marital home for a year or more, you may have met the requirements to ask for a fault-based divorce.  Even so, you should speak to a qualified attorney about whether pursuing a fault-based divorce makes sense for you.

What do I need to do to prepare for my consultation?

It's a good idea to come to your consultation with the pertinent information regarding what you and your spouse own, whether jointly or individually, as well as an idea of when it was acquired and an approximate value.  The same kind of information regarding debts and liabilities will also be useful for this meeting. If anything has already been filed, bring that as well. The more details you can provide, the more information and potential strategies we can discuss.  



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Custody FAQs

I am having issues with a Custody Order that has been in place for awhile. What can I do?

A party to a Custody action may file a Petition to Modify their current Order by citing reasons why adjusting the Order would be in the child(ren)'s best interest.  If your Order has been in place for some time and is no longer a good fit, or the other parent simply won't cooperate with your Order, it may be time to consider modification.  Since your Order is enforceable by the court, an action in contempt may also be available to you. Let's talk about what will work for your specific needs.

What if we agree about how to share custody? Do we have to go to court?

No!  Reaching a custody agreement privately has so many benefits for you and your child(ren)... and being able to stay out of court is one of them.  However, you should still make sure an attorney helps you draft the agreement so that it includes everything that it should and so that it conforms with your county's local rules.  Give me a call so we can discuss how we can put an enforceable Order in place without having to appear before a judge or master.



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Support FAQs

How long will I be entitled to support?

In Pennsylvania, a child support obligation will continue until the child reaches the age of 18 or graduates from high school, whichever occurs last.  Spousal support or alimony has no set timeline, the length of the award depends on the circumstances of the case and and analysis of the factors a court must consider in fashioning the award.  The length of the parties' marriage will generally dictate the length of the alimony award, although there are exceptions. With an issue as dependent on individual circumstances as this, it is best to consult counsel about what you can expect.

How does the custody arrangement affect child support?

The parent who has primary physical custody is entitled to child support from the other parent. Depending on the income of the parties, support may also be owed when the parents have shared physical custody.  Even if a parent does not see the child, unless their rights have been legally terminated (keep in mind this must be done by a court and only in specific circumstances, it is not as simple as saying "I give up my rights") they still have a duty of support.  I will gladly run the numbers for you during our meeting to determine what a support obligation looks like for your particular case.



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Estate Planning FAQs

Why do I need a will?

If you die without a will, the laws of the Commonwealth of Pennsylvania will determine how your property is distributed.  You may lose the opportunity to distribute the assets you worked hard to gain in the manner you think is best. A will can also direct who becomes guardian of minor children, and how a minor's assets should be managed until they are old enough to manage them on their own.  These are not decisions to be made lightly, or leave to chance. Retain control over your assets and protect your loved ones with a will, and make sure to review the document periodically to ensure it continues to represent your wishes.

What is a living will?

A living will helps you retain control over medical decisions in the event you are not able to make a decision for yourself.  A living will can help direct your treatment providers and family members regarding whether you wish to receive certain life-sustaining measures, surgeries, or whether you simply want medical intervention to keep you pain free.  This document can greatly reduce the stress of an already painful time for your loved ones in the event you are in a terminal condition.



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