Lancaster Divorce Lawyers
The moment you and your spouse realize that your marriage cannot be repaired is often heartbreaking. The process becomes more difficult when important decisions need to be made. Disagreements may ensue regarding your children’s living situation, how assets will be divided, and which one of you will keep the house. This only makes the process more challenging.
These decisions require rational thinking and a thorough understanding of Pennsylvania law. No matter the simplicity or complexity of your situation, our Lancaster divorce lawyer will give your case the time and attention it requires.
Fault versus No-Fault Divorce
Pennsylvania allows couples to file for divorce based on fault or no-fault grounds. If you are seeking a fault-based divorce, you are looking to terminate your marriage based on your spouse’s actions.
Under Pennsylvania statute 23 Pa.C.S. §3301, if your spouse committed any of the following acts, you can apply for a fault-based divorce:
- Your spouse committed “willful and malicious” desertion without cause for a period of one year or longer;
- Your spouse committed adultery;
- Your spouse endangered your health and well-being through “cruel and barbarous” treatment;
- Your spouse committed bigotry;
- Your spouse has been sentenced to two or more years in prison;
- Your spouse committed “indignities” that made your life intolerable.
In other circumstances, couples may qualify for a no-fault divorce. In Pennsylvania, there are two types: mutual consent divorce and divorce after two years of separation. To qualify for the mutual consent divorce, the couple must have no unresolved financial issues and must show that their marriage is “irretrievably broken.”
If a couple opts for a two-year separation divorce, they must live separately for at least two years before filing. However, in this type, it is not required that the couple agree on financial issues.
Equitable Division of Marital Property
Pennsylvania law mandates the equitable distribution of property to each party upon divorce or annulment. The court will take several factors into account (not including marital misconduct) in determining the division that is fairest to both spouses.
The factors that the court will consider include:
- The length of the marriage;
- If either party was married beforehand;
- The age, health, social status, and employability of each party;
- Each party’s contribution to the other party’s education and training;
- Each party’s future financial prospects;
- Each party’s source(s) of income;
- Each party’s contribution to or depletion of marital property, including a contribution of a person as a homemaker;
- The standard of living that each person has grown accustomed to;
- The economic circumstances of each party;
- The tax ramifications of the division of property and assets;
- Whether either person will be taking care of a minor child.
Alimony
Since marriage is a union between two people, one spouse may sacrifice his or her career to take care of the home and children. In many divorces, the lower-earning spouse will request financial support for a specified period (known as alimony). Pennsylvania courts will order alimony only when it is deemed “reasonable” or “necessary.”
The court will examine several factors, including the ages of the parties, the income and earning capacity of each party, and the duration of the marriage, among others, in making their decision.
Child Custody
Child custody falls into two categories: physical custody and legal custody. Physical custody describes which parent the child will reside with, and legal custody describes who will make important decisions regarding the child’s education, health, and recreational activities.
The Family Court will often grant both parents shared physical custody, meaning that the child will live with each parent throughout the year. This allows each parent to have frequent contact with the child.
Parents can also have shared or joint legal custody. This would involve both parents sharing the decision-making power for their child. In this arrangement, parents have to collaborate to come to an agreement on what is best for their child.
Child Support
The non-custodial parent (the parent with whom the child does not reside) will often have to pay child support to the custodial parent (the parent with whom the child lives). Support calculations are based on statutory guidelines. In basic terms, child support is calculated based on both parents’ monthly net income and the number of minor children being supported.
Standard support calculations cannot be used for spouses whose combined monthly net income exceeds $30,000. In that case, Pennsylvania Code Rule 1910.16-3.1 provides a support obligation formula for high-income parties based on the number of children being supported. The formula is adjusted accordingly if both parents share custody.
A Lancaster Divorce Lawyer Looking Out for You
Divorce can be a time of emotional and financial turmoil. Whether you are simply contemplating divorce or are in the middle of proceedings, you need representation that will make sure that your needs are being met. To schedule a meeting with our Lancaster divorce lawyer, feel free to call the Law Office of Stephen W. Grosh at (717) 435-8830 or by completing our online intake form.
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