Family Law FAQ
DIVORCE 101
Pennsylvania is a "No-Fault" state...this means that you can be divorced without proving your spouse "did something wrong"...you can be divorced if there is mutual consent between you and your spouse or if you have been separated for 2 or more years. There are mandatory waiting periods depending on which situation applies to you. These time periods begin at the time your spouse is served the divorce complaint that has been filed with the Court.
During these waiting periods we attempt to negotiate settlements for your marital property, custody and support. Pennsylvania is not an automatic "50/50" state...this means that distribution of your marital property is not necessarily going to be divided equally between you and your spouse.
If no agreement can be reached in custody or support you may be able to move the Court for a conference to start resolving these issues. This procedure differs from scheduling a conference to resolve any property issues that you may have. For property, the opportunity to request a conference cannot be before the mandatory time periods pass AND either your consents have been signed or you have been separated for 2 or more years.
Learn more about divorcing your spouse by visiting our blog: Divorce in Pennsylvania
CUSTODY 101
If you require a custody order to establish a custody schedule, you can either put the terms you and the other parent agree to in a stipulation to be filed with the Court and become an Order or if you are unable to agree to a schedule you can file a Petition and a conference will be scheduled.
At the conference level, any agreement you reach will be made to an Order of Court; however, if you are unable to agree, a trial date may be set depending on your dispute.
Regardless of whether your Order is by Agreement or after a hearing, Custody Orders can be modified depending on the best interest of the child/children.
Learn more about custody and partial custody agreements by visiting our blog: How Do Custody and Partial Custody Work in PA?
SUPPORT 101
If you are no longer residing with the parent of your child/children, you may want to file for a support Order to run through the Court instead of having a verbal agreement for payment. When a petition is filed a conference will be scheduled by Domestic Relations so an officer can run the PA Support Guidelines to determine an obligation based on the parties' incomes.
A Support Order will be effective the date a petition is filed and may be modifiable based on a change in circumstances. A review is allowed every three (3) years, regardless of a change in circumstances. You may want to review the obligation if the PA Support Guidelines are amended as well.
Read more about how child support payments are determined by visiting our blog: What Factors Determine Child Support Payments