Residency Requirements For Divorce in Pennsylvania
PA residency requirement: To file for Divorce in Pennsylvania, either you or your spouse must have been a resident of Pennsylvania for at least six months. It does not matter whether you were married in Pennsylvania or not.
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Grounds for Divorce in Pennsylvania
You can get a Pennsylvania divorce by showing that the marriage is "irretrievably broken," and either:
- Both spouses mutually consent to the entry of the divorce decree, or
- The spouses have been separated for two or more years
If you and your spouse have been separated for less than two years and do not agree to Divorce, you must specify which of the following grounds for Divorce exist and you must prove them to obtain your PA Divorce Decree:
- Desertion for more than one year
- Adultery
- Bigamy
- Cruel and inhuman treatment endangering the life or health of the spouse
- Imprisonment for two or more years
- Personal indignities
- Confinement in a mental institution without a reasonable prospect of discharge in the near future.
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Pennsylvania Divorce Complaint
A Pennsylvania divorce process begins when the divorce lawyer for one spouse files a "Divorce Complaint". If the parties are in agreement about property and debt division, child custody and child support matters, the divorce can be completed with no trial. The Divorce Lawyer can draft any agreements for you. If the parties cannot agree, then there may be a hearing, where the court determines the prospect of reconciliation, and may continue the matter for a "cooling-off" period of at least 90 days. The parties may be required to attend counseling. If there is no reconciliation and the Divorce Lawyer has not withdrawn the Divorce Complaint, the court may determine the marriage is irretrievably broken and grant the divorce if there are no other issues remaining.
Once the Divorce Complaint is filed in PA, either party can request temporary child custody, or child custody support orders, and orders to determine who pays community debts on a temporary basis.
The above is a general description of how things occur. The actual Pennsylvania Divorce process involves more steps and what occurs in a Philadelphia Divorce may vary from that of a Bucks County Divorce or Montgomery County Divorce. Also, fees vary for a Divorce in Bucks, Philadelphia and Montgomery Counties. A Philadelphia Divorce charges different fees than Montgomery County or Bucks County. In some cases, a Philadelphia Divorce Lawyer may charge you a different rate than a Montgomery County Divorce Lawyer or a Bucks County Divorce Lawyer and in some cases may be able to obtain a Pennsylvania Divorce for you in an altogether County to save you money. We do this for low cost uncontested Divorces in PA that do not require court intervention.
Dougherty Law and Attorney Raymond J. Dougherty, Jr. will do the best we can to save you money on your divorce no matter how you must proceed.
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Dividing Property & Debts in Pennsylvania (Equitable Distribution)
In Pennsylvania, marital assets are divided in Equitable Distribution by the Court when you and your spouse have not agreed to property division and debts. If you have property and debt that needs to be divided and unless your divorce attorney has drafted a property settlement agreement for you and submitted it to the Courts, the Court will determine the property settlement in Equitable Distribution. Equitable Distribution is a separate claim in the Divorce Complaint and considered apart to some degree from the Divorce. In some cases, the financial claims may be severed from the Divorce claims which is called bifurcation. This allows you to Divorce while preserving the Divorce Property and Debt issues to be decided at a later time.
If you do not raise Property and Debt issues before or during the Divorce and before you obtain your Pennsylvania Divorce Decree, you will very likely lose the right to address the issues in Family Court and may lose the right to address the claims forever. This can be a very complicated area and you should address the issue with your Pennsylvania Divorce Lawyer whether you come to an agreement with your spouse or whether you need to include an Equitable Distribution claim in your Divorce. The costs to engage in Equitable Distribution will vary and again, fees charged by your Philadelphia Divorce Lawyer may be different than that of a Bucks County Divorce Lawyer or Montgomery County Divorce Lawyer or Divorce LAwyer in another County.
In PA, not all property that you or your spouse own is automatically considered "marital". For example:
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Some or all of the value of assets you had before you were married may be considered separate from property acquired during the marriage
- The income produced by a separate property investment may also be non-marital property, as long as it hasn't been commingled with marital property. (You should discuss this with your Pennsylvania Divorce Lawyer as this can get quite complicated.)
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Property you inherit from your family during your marriage may be be considered your own separate property. (You should discuss this with your Pennsylvania Divorce Lawyer as this can get quite complicated.)
In Pennsylvania, when the Court divides the assets in Equitable Distribution, contrary to the belief of many, our Courts do not start from a fifty-fifty starting point. As Pennsylvania is an Equitable Distribution Divorce Law state, they divide the assets "equitably" after considering a long list of factors, including:
- The length of the marriage
- Any prior marriage of either party
- The age, health, station, income, vocational skills, employability, estates, liabilities and needs of each party
- The contribution by one party to the education, training or increased earning power of the other party
- The opportunity of the parties to acquire future income and assets
- Sources of income, including medical, retirement, insurance or other benefits
- The services of each party as a parent, wage earner or homemaker
- The value of the property set apart to each party
- The standard of living the parties established during the marriage
- The tax consequences of the distribution
- With whom the children will reside the majority of the time
- Any other factors the Court may consider.
Dougherty Law can help you with all of these issues and help you identify assets, value assets and pledges to aggressively pursue your interests and pledges to make a strong case to the Courts if necessary to maximize your share of the marital assets and minimize your share of the debts by addressing all of the issues that apply to your situation. Attorney Dougherty will gather the information about all of your and your spouse's assets and debts whether marital or not. Records which show Attorney Dougherty when you purchased it, who paid for it, approximate value of how much it is worth and details of account numbers, serial numbers and present amounts due will be quite helpful with your Pennsylvania Divorce. Collecting this information before you see Attorney Raymond J. Dougherty or before filing for a Pennsylvania Divorce can save you a lot of time and money.
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Alimony in Pennsylvania
When filing for alimony, the Court, if it deems appropriate, may award alimony to either party in Pennsylvania, but only if it finds that alimony is necessary. These awards are difficult to obtain and typically are not permanent. In deciding whether to award alimony, a Pennsylvania court will generally consider such factors as:
- The relative earnings and earning capacities of the parties
- The ages and health of the parties
- Sources of income, including medical, retirement, insurance or other benefits
- The expectancies and inheritances of the parties
- The length of the marriage
- The contribution by one party to the education, training or increased earning power of the other party
- The extent to which a party's earning power, expense or financial obligations will be affected by serving as the custodian of a minor child
- The standard of living the parties established during the marriage
- The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment
- The relative assets and liabilities of the parties
- The property brought into the marriage by either party
- The contribution of a spouse as homemaker
- The relative needs of the parties
- The marital misconduct of either party during the marriage
- Tax consequences to either party
- Whether the party seeking alimony lacks sufficient property to provide for the party's reasonable needs
- Whether the party seeking alimony is incapable of self-support
A Pennsylvania court can order temporary maintenance while the divorce is pending. Most maintenance is ordered for a specific length of time. Once ordered, it can be modified only upon a showing of a "change in circumstances."
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Spousal Support in Pennsylvania
In a Pennsylvania Divorce, Spousal Support may be ordered during the Pennsylvania Divorce litigation. The party requesting Pennsylvania Spousal Support must make a separate request. Your Pennsylvania Divorce Lawyer can do this for you. Your Pennsylvania Divorce Lawyer may request such within the Divorce Filing or may make a separate application depending upon your circumstances. Spousal Support typically ends when your Pennsylvania Divorce decree is granted but not in all cases. The process and fees for a Philadelphia Divorce or Philadelphia Support action will vary from a Bucks County Divorce or Bucks County Support action or a Montgomery County Divorce or Montgomery County Support action.
A Pennsylvania Support action requires Court Appearances and you must provide the Court information. Your Pennsylvania Divorce Lawyer can prepare the legal papers, gather the information and appear in a Pennsylvania Court for you. While the Court typically uses formulas for these calculations, the Court may be able to deviate from the guidelines and grant you additional amounts, mortgage payments, health insurance and out of pocket costs.
Dougherty Law and attorney Raymond J. Dougherty, Jr. practices in this area in Philadelphia, Bucks County, Montgomery County, Chester County and Delaware County. We draft the papers, gather information about your costs, expenses and unusual costs and appear in Court for you. Call us at 215-352-3380 for these services.
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Child Support in Pennsylvania
In Pennsylvania, Child Support is typically based on formulas which use in part the combined net income of the parents and the number of children the parent is responsible for supporting. When making a decision about child support, the court must determine the ability of each parent to provide health-care coverage for the children. If necessary, a court can set aside some of the joint or separate assets of the parties in a separate trust or fund for the support and education of the parties' children.
A Pennsylvania child support order can be modified upon a showing of a substantial change in circumstances, such as an increase or decrease in either parent's income or the child reaching the legal age of majority and graduating from high school.
Many issues can arise in Child Support and Dougherty Law and Attorney Raymond J. Dougherty has the experience to deal with them. Dougherty Law and attorney Raymond J. Dougherty, Jr. practices in this area in Philadelphia, Bucks County, Montgomery County, Chester County and Delaware County. We gather information about your child(ren)'s needs, the parents income and earning capacity and assets, draft the papers and appear in Court for you. Call us today at 215-352-3380 for these services.
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Child Custody (Legal Custody & Physical Custody) | Sole Custody vs. Shared Custody (also known as Joint Custody) and Visitation in Pennsylvania
In order to understand child custody, one must look first to the definitions Pennsylvania uses to define custody. Those definitions are as follows:
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Child."
Any unemancipated person under 18 years of age.
"Legal custody."
The legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions.
"Partial custody."
The right to take possession of a child away from the custodial parent for a certain period of time.
"Physical custody."
The actual physical possession and control of a child.
"Shared custody."
An order awarding shared legal or shared physical custody, or both, of a child in such a way as to assure the child of frequent and continuing contact with and physical access to both parents.
"Visitation."
The right to visit a child. The term does not include the right to remove a child from the custodial parent's control.
The following are not defined:
Sole Custody - Where only one individual has either Legal Custody rights or Physical Custody rights.
Primary Custody and Joint Custody - These are phrases sometimes used to denote the types of custody above. However, as they do not have legal significance in Pennsylvania, it can sometimes be confusing as to what the meaning of these terms are. Since they are not legally correct in Pennsylvania, these terms should be avoided and therefore, only the terms as listed above should be used.
Pennsylvania uses a best interest test or approach to child custody. Simply stated the test is “What is in the best interests and welfare of the child?” As such, this is not something that individuals can contract away. While parents or others with custody rights may enter into agreements about custody, anyone with custody rights can always approach the court to modify the agreement upon a showing of changed circumstances. The Courts feel that this issue is so important to both the child and society, that they are unwilling to allow children to become bargaining chips in any negotiations. The Pennsylvania Courts will consider all factors relevant to the best interests and welfare of the child or children and can consider the below issues which are not exhaustive:
1. Preference of the child (actual weight given this factor depends and is usually dependant upon age primarily).
2. Ability of each parent to provide for the child's physical, intellectual, emotional needs and well-being.
3. Which parent or other individual with custody interests is more likely to foster frequent and continuing contact between the child and the non-custodial parent.
4. Criminal history or abuse of either party.
When filing a custody action, the court may award either sole or shared physical or legal custody depending upon what is in the best interest of the child. After a hearing and possibly home studies or other evaluations, the courts will make a determination and issue an order by which everyone involved in the action is bound by. If someone does not abide by the Order, the aggrieved party may file a contempt action and/or seek to have the Order modified by filing a Petition for Modification. The person who violated the Order could face serious consequences such as loss of custody, loss of time wit the child so other party have make-up time with the child, loss of visitation, fines, pay court costs and/or legal fees and perhaps even be jailed.
A Petition for Modification may also be filed upon a showing of changed circumstances and if in the best interests of the child, the Court may modify the previous Order.
Once the custody judge signs the Order, both parents and anyone else who has anything to do with the children are bound by it. If a parent is denied court-ordered access to a child, he or she may bring the issue back before the court by filing a "Petition for Modification." or a "Contempt Petition". If in the best interest of the child, the judge may modify the order, order makeup visitation for the time missed and order counseling or mediation. A parent may also be jailed, lose custody or visitation rights or other relief the judge deems appropriate.
Many issues can arise in Child Custody and Dougherty Law and Attorney Raymond J. Dougherty has the experience to deal with them from complicated interstate issues to special needs. Dougherty Law and attorney Raymond J. Dougherty, Jr. practices in this area in Philadelphia, Bucks County, Montgomery County, Chester County and Delaware County. We gather information about your child(ren) and the parents, costs to care for the child, draft the papers and appear in Court for you. Call us today at 215-352-3380 for these services.
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Standing in a Child Custody Action in Pennsylvania - Who Can Bring a Custody Action in Pennsylvania?
The term "standing" refers to whom, may bring an action in custody. The issue can be complicated. Of course, any natural parent may bring a custody action so long as their parental rights have not been terminated. The issues become less clear in situations involving those who have cared for the child or are caring for the child, where grandparents are concerned, where step-parents are concerned and for gay "parents" of a child.
The Code allows one who has physical custody of child to intervene in custody proceeding. Grandparents can also intervene of initiate a custody proceedings (See section on grandparent's rights below.) Step-parents who have cared for children may have custody rights and standing. A gay partner who has helped raise the child may have rights and standing to pursue "partial custody" of child, where partner stood in loco parentis to the child (both the step-parent and the gay parent gain standing under the legal concept of "in loco parentis" which means "acting in the place of the parent"). Standing can be an automatic right or may be based on the facts and circumstances of the case. These issues can be complex and the information provided herein should not lead you to believe that you have an automatic right to bring a claim or intervene in a custody proceeding. You should seek the advice of a qualified attorney.
Dougherty Law handles all types of custody proceedings including step-parent custody, grandparent custody and issues involving "in loco parentis" in Philadelphia, Bucks County and Montgomery County. If you are in needed of a Custody Lawyer, contact Custody Attorney Ray Dougherty at 215-352-3380.
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Grandparent Custody in Pennsylvania
Grandparents are caring for grandchildren more often today than ever whether in a capacity as babysitter or sometimes shared caregiver(s) or even sole caregiver(s). And, needless to say, grandparents often simply want to spend time with the grandchildren as many do love to do. Sometimes, unfortunately, grandparents find themselves having issues with simply visiting with the grandchildren or issues that arise in capacity as caregiver(s). Some grandparents may even need to protect the grandchild from the biological parents due to physical, mental or sexual abuse, drug abuse, neglect or for a variety of other reasons. Sometimes the biological parent may die leaving the grandparents to deal with the remaining non-biological parent. Pennsylvania has recognized the increasing roles of grandparents in grandchildren's lives and affords grandparents rights that some states do not. The legislature has promulgated rules in this respect and court decisions have also weighed in on the issue which essentially has given grandparents's expanded standing to bring a custody action in a number of instances. The rights emanate from the following Code Provisions:
§ 5311. When parent deceased.
When the parent of a child dies, the deceased parent's (the child's grandparents) may be able to obtain partial custody or visitation rights under Pennsylvania law: The Code states:
"If a parent of an unmarried child is deceased, the parents or grandparents of the deceased parent may be granted reasonable partial custody or visitation rights, or both, to the unmarried child by the court upon a finding that partial custody or visitation rights, or both, would be in the best interest of the child and would not interfere with the parent-child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the deceased parent and the child prior to the application."
§ 5312. When parents' marriage is dissolved or parents are separated.
Sometimes when parties separate, the grandparents may not be permitted by a parent to see the children. In these cases, the grandparents maybe able to obtain partial custody or visitation rights. The Code states:
"In all proceedings for dissolution, subsequent to the commencement of the proceeding and continuing thereafter or when parents have been separated for six months or more, the court may, upon application of the parent or grandparent of a party, grant reasonable partial custody or visitation rights, or both, to the unmarried child if it finds that visitation rights or partial custody, or both, would be in the best interest of the child and would not interfere with the parent-child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the party and the child prior to the application."
§ 5313. When child has resided with grandparents.
Where the grandchild has resided with he grandparents for a period of more than a period of 12 months, the grandparents may petition the Courts for partial custody and visitation. The Code states:
"If an unmarried child has resided with his grandparents or great-grandparents for a period of 12 months or more and is subsequently removed from the home by his parents, the grandparents or great-grandparents may petition the court for an order granting them reasonable partial custody or visitation rights, or both, to the child. The court shall grant the petition if it finds that visitation rights would be in the best interest of the child and would not interfere with the parent- child relationship."
§ 5314. Exception for adopted children.
Where there has been an adoption by anyone other than a stepparent or grandparent, an adoption acts to sever the rights of the grandparents. The Code states:
"Sections 5311 (relating to when parent deceased), 5312 (relating to when parents' marriage is dissolved or parents are separated) and 5313 (relating to when child has resided with grandparents) shall not apply if the child has been adopted by a person other than a stepparent or grandparent. Any visitation rights granted pursuant to this section prior to the adoption of the child shall be automatically terminated upon such adoption."
In a situation where the grandparents are petitioning for time with their grandchildren the Court will be looking at three things:
1. The amount of contact the grandparents had with their grandchild before filing the petition,
2. whether continued contact with the grandparents would interfere with the existing parent-child relationship
3. and finally, as the basis in all custody cases, the best interests and welfare of the child.
A grandparent has standing to bring a petition for physical and legal custody of a grandchild in some circumstances where it can be shown that it is in the best interests of the child not to be in the custody of either parent and it is in the best interests of the child to be in the custody of the grandparent. In these instances, the court may award physical and legal custody to the grandparent. This section applies to a grandparent:
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Who has genuine care and concern for the child
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Whose relationship with the child began with the consent of a parent of the child or pursuant to order of court; and
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Who for 12 months has assumed the role and responsibilities of the child's parent, providing for the physical, emotional and social needs of the child or who assumes the responsibility for the child who has been determined to be a dependent child pursuant to 42 Pa. C.S. Ch.63 (relating to juvenile matters) or who assumes or deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness. The court may issue a temporary order pursuant to this section.
Where grandparents are fighting against one or both of the natural parents, grandparents will have a very heavy burden of proof. The Courts will examine the amount of prior contact the grandparent's had before the petition was filed, what effect grandparent contact will have on the existing parent child relationship and as always, what is in the best interests and welfare of the child. The more contact the grandparents had with the children and the more they assumed responsibilities and obligations of of parenting, the more likely they may prevail for substantial contact after a court hearing. But grandparents must remember not to hinder the relationships between the parent and the child and should avoid any appearances as to hindering such. Grandparents who are in bitter disputes with parents will have a tough time succeeding in a petition for contact.
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Protection From Abuse in Pennsylvania
A Protection From Abuse action is a civil matter. Typically, these are handled by the Family Law Court or the Domestic Relations Division of the County Court. Protection From Abuse complaints can be a necessary and appropriate filing in situations where the abuse is actual and real. Unfortunately, many Plaintiffs use these complaints for ulterior motives such as eviction of the Defendant, to gain advantage in a Custody matter or for vindictive purposes. Many Defendants simply agree to these Orders to their detriment. First, a permanent Order is effective for three years. Second, the defendant's right to bear firearms may be affected and the Court can order the surrender or seizure of any firearms. Third, any Order granted can be sued against the Defendant in Custody Proceedings. Fourth, an Order of Support may be entered for children or a spouse. Fifth, a temporary Order in Custody may be entered precluding the Defendant from having contact with the children. Sixth, the Defendant may be required to pay some or all of the rent or household expenses despite the fact that the Defendant no longer lives there. Seventh, information obtained in the proceedings may result in information to be used by the authorities in a criminal proceeding against the Defendant. There are also other reasons one would not want to agree to a Protection From Abuse Order being entered.
If you have suffered actual abuse or believe that you are in danger from a spouse of live-in boyfriend or girlfriend, then it is entirely appropriate to file such an claim. Dougherty Law can handle these types of cases. However, you should be cautioned against using such a complaint for purposes other than actual abuse. Filing a fraudulent claim can have negative effects including being used against you in Custody proceedings, defamation suits for libel and slander, loss of custody, legal fees, perjury charges and a host of other unintended consequences. You should never file such a petition unless the abuse is actual and real.
If you are a Defendant, you should not agree to such an Order for the reasons stated above. The Civil Suit and outcome also become a matter of public record and could be held against you by an employer or when seeking new employment. Since this is a civil matter, you can fight the ORder and in some instances a lawyer may be able to obtain an agreement to avoid the entering of the Order or one in which no wrongdoing is admitted. If such a claim is filed against you, you should contact an attorney immediately and have representation. The Courts often err on the side of caution in granting these Orders and it is better not to speak for yourself, but have an attorney speak for you.
Dougherty Law handles these types of cases both for Plaintiffs and Defendants. We think these civil complaints serve a useful and necessary purpose but at the same time understand that they are not always based in truth. Whatever side of the issue you find yourself in, contact us at 215-352-3380 for legal assistance in these regards.
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Related Web Links:
- Pennsylvania Domestic Relations
- Pennsylvania Child Support Guidelines
- Pennsylvania Child Support
- Pennsylvania State Profile
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