We are drawn to family law because of the people we get to know but also because of our interest in the intricate areas of law that come together to support families and individuals in transition. Our attorneys regularly author and edit articles in our areas of concern. We have provided some of these, along with general resources and answers to Frequently Asked Questions, and hope you will find them useful. Of course, if you have additional questions, we invite you to call us and ask.

Divorce

Will my standard of living change?
Will I have to go to court?
How long will it take?

Custody and Adoption

What are the different kinds of custody?
Legal custody includes the ability to make decisions about the child's education, medical care and upbringing. Physical custody refers to where the child is physically living. Parents can have shared custody, in which the child's time is split between them, or partial custody, where the child lives primarily with one parent. With the new custody statute effective January 2011, definitions can now include, "partial physical custody," "shared physical custody," "supervised physical custody" and "primary physical custody."

How long does a custody case take?
In most counties, you'll start by going to an educational seminar taught by a therapist who gives you insight into how to talk to your children about the divorce and how to treat the relationship. After that you may go to mandatory mediation, or a pre-trial conference, depending on your county. In both cases, you're trying to reach a settlement and, at this point, it's likely you'll get an interim custody order.

Once an interim custody order is in place, both parties tend to calm down, but the strategy you pursue is crucial from the very start. No matter how emotional, complicated or high-conflict your situation may be, you can come to us and we'll develop that strategy and walk you through it.

The next step is to try to settle before the judge, but if that's not possible a trial will be scheduled. That trial can be scheduled six months to a year out. We're very responsive to our clients and you'll find that if questions crop up at any point during the process or afterward, it's easy to get in touch with us and get an answer.

What factors does the Court consider when awarding custody?
These factors have never been formally outlined before, but in the January 2011 custody statute, they’re now listed. These factors include:

• Which adult is more likely to encourage and permit frequent and continued contact between the child and the other adult party;
• The parental duties performed by each party on behalf of the child;
• The need for stability and continuity in the child’s education, family life and community life;
• The availability of extended family;
• The child’s sibling relationships.
• The court may also consider the level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. 
Section 5328 also specifies that the court must be gender neutral. No party shall receive preference based upon gender in any custody award granted.

What if I have primary custody and I want to move out of state?
The new custody statute that took effect in January 2011 provides strict rules about the notice that the parent who wants to relocate must provide. If you’re thinking about relocating, please consider talking to us about this notice provision. Similarly, if you have received notice, you need to know how to respond if you want to object.

Three factors come into play when a parent wants to move out of state with the child or children for which they have custody. These are:

• Whether the move will improve the children's quality of life, not just the parent's.
• Whether the parent is seeking to move for punitive reasons; you can't move out of state just to make it harder for your ex-spouse to see the children.
• Availability of substitute visitation or custody; is there a way to compensate the non-relocating party, for example by letting the children spend the summer with that parent.

These cases can be difficult to win but we've won many of them and have even been able to turn around some cases where, prior to contacting us, an initial ruling went against the parent seeking to relocate.

Spousal and Child Support, Alimony & APL

Do I have to let the court determine the support numbers?
If both parties are agreeing to an amicable split and want to sit down with financial service professionals and come to an agreement about fair support figures, a collaborative divorce might be right for you. Read more on our collaborative law page.

How are complex cases different?
When one of the parties to a divorce is a high net worth individual or business owner, it can be more difficult to arrive at accurate net income figures. The court takes this into account and allows a longer preparatory and hearing time for complex cases. We have the ability to engage in discovery and to bring expert witnesses. We excel at working on cases with complex financial details and have a variety of experts we can bring in to demonstrate the accuracy of the numbers we put forward.

Dividing Marital Property

What counts as marital property?
All of the property acquired during the marriage except for gifts and inheritance is marital property, along with the increase in value of property held during the marriage. For example, if you came into the marriage owning a vacation home and kept the title to it in your name, only the increase in value in the home is marital property, not the whole value.

How is the value of marital property determined?
This depends on the complexity of the case. It can be valued through the discovery process or parties in the divorce can provide statements about assets and fair market value of the marital property. With more complicated assets, like businesses or pension plans, you may need to hire an expert. See our complex cases page for more information.

How is the marital property divided?
The court takes into account each party's ability to support themselves, whether the assets are income producing, the costs incurred during the divorce and the length of the marriage as well as other factors. When we're working with you on property division, we also look at the tax consequences to make sure you're not getting something that's going to cost you significantly in taxes in the long term. Our deep understanding of valuations and complex cases allows us to make specific recommendations that help limit unnecessary tax burdens and consider the very long term implications of the property division.

Collaborative Law

Why do people choose a collaborative divorce?

Complex Cases

Can I still have a collaborative divorce if we have a complex case?

Prenuptial Agreements

How do I know that I need a prenuptial agreement?
You'll want to consider a prenuptial agreement if you're working hard to create or are inheriting a business or property that will be dramatically increasing in value over the course of your marriage; if you have children from a previous marriage; if you plan to marry someone who is significantly above or below your financial bracket; or if you have a family or closely held business.

When should I tell my fiancé, boyfriend or girlfriend that I want a prenuptial agreement?
Don't wait until the last minute! You can contact an attorney even before you set a wedding date. Often when couples come to us with questions about prenuptial agreements, they have some of the deepest, clearest and best conversations they've had about their finances and their future together.

How do I tell my fiancé, boyfriend or girlfriend that I want a prenuptial agreement?
Every couple has a different set of considerations, goals and plans for their marriage. It can be easier to talk about a prenuptial agreement in the context of your goals and plans for your life together. We work with clients to help them have the conversation with their soon-to-be-spouse in ways that are positive. If you have questions about how to start this conversation in your relationship, please give us a call and we'll help walk you through it.

What if I'm already married and realize I should have gotten a prenuptial agreement?
It is possible to negotiate an agreement after the wedding. Postnuptial agreements are honored in Pennsylvania. Visit the postnuptial/marriage agreements page for more information.

Protection From Abuse

How do I know if I need a Protection From Abuse Order?
What do I do if someone files a Protection From Abuse Order against me?