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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:

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:

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.