Family Law
Divorce
In Pennsylvania, the divorce process typically begins with the filing of a Divorce Complaint. If you are seeking a divorce, or if you have been served with a Divorce Complaint from your spouse, you should contact an attorney who can walk you through your individual case.
Pennsylvania has two types of divorce:
1) No-Fault Divorce. After the filing of a Divorce Complaint, and service of the Complaint on the defendant spouse, the parties are required to wait for a period of at least 90 days.
2) Fault Divorce. A fault-based divorce in Pennsylvania can be pursued and awarded to an "innocent and injured spouse." You should speak to an attorney if you believe you may have a claim for a fault divorce. Importantly, a spouse at fault may be barred from receiving spousal support and/or alimony in a fault divorce.
Equitable Distribution
In Pennsylvania, when a couple is divorcing, the legal term for dividing marital assets and marital debts is equitable distribution. "Equitable Distribution" is comprised of essentially three steps: (1) identifying the marital estate; (2) valuing the assets and liabilities; and (3) applying certain factors to determine the actual distribution between the parties.
(1) The marital estate includes all property acquired during the marriage, as well as marital debts incurred during the marriage. Title to the assets is immaterial. Marital assets will generally include real estate, businesses, bank accounts, brokerage accounts, retirement assets, including pensions, 401(k)s, IRAs, and profit sharing plans, life insurance policies, annuities, stock options, trusts, patents, vehicles, boats, jewelry, collectibles, etc.
The marital estate also includes marital debts, which are commonly mortgages, home equity loans, lines of credit, credit card bills, vehicle loans, tax obligations and judgments.
Non-marital property generally includes, but is not limited to property that was acquired before the marriage; property covered by a prenuptial agreement; gifts received by one spouse; and inheritances received during the marriage.
(2) Valuing the Marital Estate: The parties’ date of separation will be used to identify which assets and liabilities are marital and non-marital. However, the marital assets and liabilities will generally be valued as of the date of distribution, barring a good reason to the contrary. Spouses do not necessarily have to live in different households to be separated, but an attorney should be consulted to discuss that complex scenario.
(3) Dividing the Marital Estate: Equitable distribution does not always mean that property and debts will be equally divided between the two parties. There are 11 factors that the Court will consider in determining the distribution of the marital estate, which our experienced family law attorneys can discuss with you.
Marital Settlement Agreement
At Stuckert and Yates our attorneys will encourage you to consider entering into a Marital Settlement Agreement with your spouse to amicably resolve all of the outstanding property issues. Without a doubt, a Marital Settlement Agreement will save both you and your spouse substantial legal fees and emotional distress to both you and your family. If a settlement cannot be reached, the matter will proceed to the court system, and we will zealously advocate on your behalf for the division of the marital assets to your benefit.
If you are considering a divorce, have questions about the division of property after a divorce, or have been served with a Divorce Complaint by your spouse, contact us at 215.968.4700 for a consultation to discuss your rights. It is important that you deal with an experienced family law attorney who will walk you through the divorce and equitable distribution process.
Spousal Support, Alimony Pendente Lite & Alimony
In Pennsylvania, there are 3 types of support: 1) spousal support; 2) alimony pendente lite; and 3) alimony.
1) Spousal Support. This type of support is support paid before the parties are divorced, and sometimes even before a Divorce Complaint is filed. A spouse may not be entitled to spousal support if they are “at fault” for the divorce.
2) Alimony Pendente Lite. Alimony Pendente Lite (often referred to as “APL”) is a type of support that is Court-ordered, and paid to the financially dependent spouse after a Divorce Complaint is filed with the Court. “Pendente Lite” means “while the action is pending” and refers to the support order being terminable upon the entry of the Divorce Decree. An APL support award is used in cases where the financially dependent spouse is unable to hire an attorney to protect his or her interest in the marital estate.
3) Alimony. An alimony award is entered when the parties are divorced, and becomes effective after the Court issues the Divorce Decree. A spouse may be entitled to alimony if he or she cannot meet his/her reasonable needs, after taking into consideration their income and assets received as part of equitable distribution. An award of alimony is not guaranteed and is completely within the Court’s discretion.
Calculation of Support Obligation
Spousal Support and Alimony Pendente Lite is based upon a comparison of the two parties’ monthly net incomes. Alimony, on the other hand, and its amount and duration, is determined by the Court after consideration of 17 factors, which our family law attorneys would be pleased to discuss with you.
Child Custody
Pennsylvania child custody matters are extremely emotional and important legal situations for parents and their children. Our family law attorneys recognize the immense importance of child custody matters, and we realize that the decisions that are made in this regard can have permanent effects on the well-being of both the parents and the children involved.
A Pennsylvania child custody action can be part of an action for divorce, or custody can be a stand-alone matter. There are two independent types of custody.
Physical custody refers to the amount of time each parent is permitted physically with a child. This may be sole, primary, or joint/shared custody.
Legal custody refers to a parent’s decision-making rights regarding a child’s health, medical care, education, and religious involvement. Legal custody may also be held solely by one parent or jointly between both parents. Pennsylvania courts often grant shared legal custody unless the circumstances prevent the parents from being able to cooperate with each other with regard to these important decisions.
Best Interests of the Child – Pennsylvania Child Custody Law
When determining parents' custodial rights, a Pennsylvania court will make its determination based on the best interests of the child. Pennsylvania law, specifically 23 Pa.C.S.A. § 5328(a), sets forth an extensive list of factors that the court must consider when determining child custody, which our family law attorneys would be pleased to discuss with you.
At Stuckert and Yates we strive to achieve our client’s desired results without court intervention whenever possible. Parents can often reach their own custody agreement after they determine for themselves the child custody arrangement that is in their children's best interest. When parties cannot agree, then court action may be required.
Child Support
The Pennsylvania Child Support Guidelines determine the level of child support, based on various factors which include the number of children, child custody arrangements, income and earning capacity. Our experienced family law attorneys advise and represent clients in all matters of child support including initial determination of the child support, support conferences and hearings, and support modification proceedings. Our knowledge of the child support law will guide you through the process and address any concerns you may have, enabling the best possible outcome for your particular situation.
Helpful Link:
Pennsylvania Department of Public Welfare provides an online child support calculator.
Enforcement Actions
In some instances, a former spouse may fall behind or refuse to pay his or her alimony obligations, child support obligations, or perhaps fail to distribute assets in accordance with a Court’s Order or Marital Settlement Agreement.
If you are faced with this problem, your recourse for this inaction will generally be the filing of a Petition for Contempt. Please contact Stuckert and Yates at 215.968.4700 to discuss your options with one of our experienced family law attorneys.
Prenuptial Agreements
A prenuptial agreement, or antenuptial agreement, is a contract entered into by two parties in anticipation of their marriage. The purpose of a prenuptial agreement is to control the division of property in the case of a possible separation or divorce of the parties, or upon one of the party’s death.
If you or someone in your family is considering marriage, particularly a second marriage, it is prudent to consider a prenuptial agreement to establish and protect the property rights of both spouses. In the unfortunate event that the marriage does not work out, both parties will have a clear understanding of what their respective rights are, and will not have to incur the considerable financial expense of litigating a divorce action.
At Stuckert and Yates, we have the breadth of experience and knowledge to provide you with a clear understanding of the prenuptial agreement process.
Name Change Petitions
Changing your name back to your maiden name, due to a divorce, is a simple procedure and can be completed by in a matter of days by our attorneys.
The process for a legal name change for reasons unrelated to your divorce, for yourself or for a minor child, is a more complex procedure. A petition must be filed in the Court of Common Pleas within the county that you reside, requesting the change of name and a hearing will be held before the Court.
Contact us or call us at 215.968.4700 so Stuckert and Yates can assist you with this process and streamline the steps to accomplish your name change.
Jessica L. VanderKam, Esquire