What is a divorce in Pennsylvania?
A divorce is the dissolution of a marriage in the Commonwealth of Pennsylvania. A divorce decree allows the parties to move on with their life and remarry. During typical divorce proceedings, the couple’s assets and debts will be divided and the care and custody of any children will be determined. Each state has its own distinct divorce laws. A divorce can be filed both at the consent of the parties, in the way of a “no fault divorce” and when one or both of the parties are claiming misconduct such as adultery or abuse and seek a “at fault” divorce. Learn more by speaking to family law attorney Joshua Janis. He is based in West Chester PA and serves family law clients in Chester County, Delaware County, Lancaster County and Montgomery County and has meeting locations in Radnor, King of Prussia, Media/Springfield, Exton/Downingtown, Kennett Square, and center city Philadelphia.
How do we divide our marital property?
In Pennsylvania, the Divorce Master or Divorce Judge has the right to divide the parties property and assets depending on whether there is a prenuptial agreement or whether the parties have agreed to a division of the property on their own through negotiation. In Pennsylvania, marital assets and debts are those assets or debts acquired from the date of marriage to the date of separation except those assets and debts that are excluded by a prenuptial or post-nuptial agreement or because they were acquired by gift from someone other than the spouse or through inheritance. In addition, a marital asset includes the appreciation of a pre-marital asset through the length of the marriage. Learn more by contacting divorce attorney, Joshua Janis. He is based in West Chester PA and serves family law clients in Chester County, Delaware County, Lancaster County and Montgomery County and has meeting locations in Radnor, King of Prussia, Media/Springfield, Exton/Downingtown, Kennett Square, and center city Philadelphia.
What is the difference between alimony and support?
In Pennsylvania, a party can make a claim for financial support when they are separated based on a number of factors the Pennsylvania Courts consider. Alimony refers to financial support after the divorce is finalized while spousal support refers to post separation support. It is important to speak to an experienced family lawyer to discuss your rights in making or defending a claim for support and determining whether you are separated under the law.
A person seeking a child support or spousal support order must file a support complaint with the domestic relations office of the court in order to establish a right to collect support. In order to obtain alimony, a request for alimony must be filed prior to the granting of a divorce decree. No legal obligation for the payment of support or alimony exists until the complaint is filed. Support complaints can be filed by your attorney or by going to your local Pennsylvania county court’s domestic relations office.
If the defendant does not live in the same state or county as the plaintiff, the plaintiff can choose to file a support complaint in the county where he or she resides and have the action processed between the two county courts or can choose to file the support complaint in the county where the defendant resides, is employed, or can be personally served. Once the complaint is filed, each county has its own set of procedural rules which the parties much follow.
Learn more by contacting divorce attorney, Joshua Janis. He is based in West Chester PA and serves family law clients in Chester County, Delaware County, Lancaster County and Montgomery County and has meeting locations in Radnor, King of Prussia, Media/Springfield, Exton/Downingtown, Kennett Square, and center city Philadelphia.
What steps should I take before filing for divorce or seeking custody of by children?
These can be emotional and frantic times and it is never easy to prepare for the decision to get a divorce and provide for your children after the separation. Speak to attorney Joshua Janis and he can discuss with you a strategy that will work for you and your family and takes into consideration custody, child support, and spousal support. Contact him at (610) 925-2500. He is based in West Chester PA and serves family law clients in Chester County, Delaware County, Lancaster County and Montgomery County and has meeting locations in Radnor, King of Prussia, Media/Springfield, Exton/Downingtown, Kennett Square, and center city Philadelphia.
What steps to take after I have been served with a divorce?
In Pennsylvania, a divorce is the legal document or complaint that is filed at your local courthouse and then served on you by certified mail. As soon as you receive notice of the divorce filing, contact your Pennsylvania family lawyer to respond. It is very important to have your own Pennsylvania divorce attorney to provide a timely response and avoid waiving your legal rights under the law. Learn more by contacting divorce attorney, Joshua Janis. He is based in West Chester PA and serves family law clients in Chester County, Delaware County, Lancaster County and Montgomery County and has meeting locations in Radnor, King of Prussia, Media/Springfield, Exton/Downingtown, Kennett Square, and center city Philadelphia.
Do I need to hire a Pennsylvania divorce attorney?
No one is ever required to hire an attorney. But whether you are seeking a civil uncontested separation or expecting a fight, it only makes sense to speak to an objective, experienced family lawyer who can privately meet with you and discuss your rights and act on your behalf.
What is a Pennsylvania divorce attorney?
A divorce attorney is actually a lawyer that practices in the area of family law including divorce, alimony, spousal support, child support, equitable distribution, paternity and visitation and child custody issues, protection from abuse cases. Contact us today to speak with Attorney Joshua Janis. Joshua will be glad to speak with you, understand your issues and provide you the realistic options you need. He is based in West Chester PA and serves family law clients in Chester County, Delaware County, Lancaster County and Montgomery County and has meeting locations in Radnor, King of Prussia, Media/Springfield, Exton/Downingtown, Kennett Square, and center city Philadelphia. Call him at (610) 925-2500.
Should we both use the same divorce lawyer?
Even in situations where you hope there will be no disagreement, your lawyer should only represent one party. In Pennsylvania, the divorce lawyer can only represent one of the parties to avoid an inevitable conflict of interest. In some circumstances where matters have previously been agreed, the parties agree that only one of the parties will hire a divorce lawyer. However, even under this circumstance the unrepresented individual should not assume that the lawyer is acting on his behalf.
