PENNSYLVANIA DIVORCE:

In Pennsylvania, the Court of Common Pleas in your county has jurisdiction to hear divorce cases.

IMPORTANT: When you file the relevant papers, you must have stated your grounds for that court to have jurisdiction. If these papers are not filed correctly, your spouse could file a motion to dismiss your case. WE CAN MAKE SURE THIS IS DONE CORRECTLY FOR YOU.

After we file your paperwork, your spouse has 20 days to respond.

NOTE: If your spouse fails to respond, the court may proceed with the divorce or related matters, if the service of process has been completed correctly. IT IS VERY IMPORTANT THAT YOU HAVE AN ATTORNEY AT THIS CRUCIAL TIME.

In Pennsylvania you or your spouse must have lived in Pennsylvania for at least six (6) months before a divorce complaint is filed. You cannot file until you have met the six (6) month residency requirement.

In Pennsylvania there are three types of divorce: fault, no-fault and those that can proceed after two (2) years of separation.

The FAULT GROUNDS for divorce in Pennsylvania are:
Willful and malicious desertion and absence from the marital home, without a reasonable cause, for the period of one (1) or more years.
Adultery
Extreme cruelty
Bigamy
Sentenced to imprisonment for a term of two (2) years upon conviction of having committed a crime.
Imposed such indignities on the innocent spouse as to render that spouse's condition intolerable and life burdensome.
Insanity or serious mental disorder

All fault divorces require "proof" by court testimony and an appearance by the client. No-fault divorces may not require a court appearance, but even though amicable, all economic issues must be resolved.

NO-FAULT Divorces in Pennsylvania

Mutual Consent - A mutual consent divorce will be granted where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of the commencement of an action and an affidavit has been filed by each of the parties evidencing that each party consents to the divorce.
Irretrievable breakdown- If the parties have been living separate and apart for a period of at least two years and the marriage is irretrievably broken and the defendant has either:
Does not deny the allegations as set forth in the affidavit - or -
Denies one or more of the allegations set forth in the affidavit but, after notice and hearing, the court determines that the parties have lived separate and apart for a period of at least two (2) years and that the marriage is irretrievably broken.

NON-CONTESTED divorce when both parties reach an agreement on property issues, child support, alimony, retirement, and any other issue.

SEPARATION - Pennsylvania does not have a stated legal separation process. Parties may separate at any time which triggers other obligations such as Spouse and/or Child Support.

The date of separation is important in calculating the two-year time period that must pass before one party can obtain a "no-fault" divorce without the consent of the other party.

CHILD CUSTODY:

NOTE: There is a myth that still exists that courts will only award children primarily to their mothers. This is not true. WE CAN GET PRIMARY CUSTODY FOR FATHERS in some cases.

Many factors are weighed in determining the BEST INTEREST OF THE CHILDREN. - CALL US TO SCHEDULE AN APPOINTMENT SO THAT WE CAN EXPLAIN YOUR PARENTAL RIGHTS CLEARLY.

In Pennsylvania, child custody is decided on a case by case basis.

Joint Legal Custody - regardless of who has physical custody, both parents have a say in major schooling decisions, religious decisions, medical decisions and all other life changing or life shaping decisions

Physical Custody is the portion of the court order that awards a parent the actual physical custody of the child for a period of time.

Partial Custody does not always include physical custody. An order granting a parent partial custody is typical.

Visitation is more typical than partial custody.

Typically, a custody trial is not the first thing that happens when trying to determine the custody arrangements, instead, most courts have conciliation or mediation programs that the parties must attend before there can be a court hearing or custody order. IT IS RECOMMENDED THAT YOU DISCUSS IN DETAIL THESE ISSUES WITH AN ATTORNEY PRIOR TO THESE CONFERENCES.

Custody Orders. No custody order is considered final, in so much as either party is free to attempt to modify it for any legitimate reason that affects the best interest of the child or children.

The above information on child custody is by no means all-inclusive. Protect your children's and your rights. Call us to get the advice and representation you and they deserve.

CHILD ABDUCTION:

IMPORTANT: If your child has been abducted, kidnapped or not returned to you by the child's mother/father when she/he was supposed to - CALL THE POLICE FIRST - THEN CALL US. The police will determine whether or not to issue an Amber Alert for your missing child.

SEARCH FOR SEX OFFENDERS: Search Pennsylvania's
Megan's Law Registry of Sex Offenders Here.

There is an epidemic of child abduction by either a parent or close blood relative. The increase in marriages between international couples, as well as ease of air travel, demands of employment, broadening horizons and the fragility of personal relationships lead to an ever-increasing movement of children across international boundaries.

Over 200 child abduction cases a day are reported in The United States alone.

International parental child abduction is the removal or detention of a child across an international border by a parent, or by a person who has parental responsibility, which is either in contempt of a court order or without the consent of the other parent or person who has parental responsibility.

The Hague Convention is designed to help secure the safety of abducted children. It requires participating countries to find and return children who have been wrongfully removed by one parent from their country of habitual residence.

IMPORTANT! The US Department of State issues very specific guidelines concerning the Hague Convention, including assistance for left-behind parents of children taken to countries not party to the Hague Abduction Convention. See the Annual Report - REPORT ON COMPLIANCE WITH THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION.

If you are in need of legal support surrounding a child abduction or suspect that your child may be abducted CALL US IMMEDIATELY - WE HAVE HELPED OTHERS WITH:
Preventing against the threat of child abduction.
If, when and how a parent is lawfully permitted to take a child from one country to another.
Hague Convention issues related to jurisdiction and compliance...
Securing custody orders limiting travel of children outside the state of Pennsylvania.

CHILD SUPPORT:

IMPORTANT! In Pennsylvania, parents are held responsible to support their children and can be ordered to pay child support or they may be punished by loss of drivers license, passport, wages garnished, fines or imprisonment.

If you are not receiving your child support payments, are in arrears, need to serve a non-custodial parent with paperwork or locate an absent parent - CALL US - WE CAN HELP.

Generally, child support payments are for the ordinary expenses of food, shelter, clothing, education and medication needs for the children only. In determining child support, a court will look at all the following issues:
The Needs of the Children - For example, an ill or developmentally disabled child will often require a higher level of support than a healthy child.
The Age of the Children - Infants and younger children often cost less to support than older children. However, daycare costs, which can be significant, will also be taken into account and may be divided.
The Ability of the non-custodial parent to pay is generally NOT a factor.

WE CAN ASSIST YOU IN THE MAJOR STEPS TO COLLECTING SUPPORT:
Establishing Paternity
Establishing the obligation of the non-custodial parent
Enforcement of the child support order

Other Resources:

PA Department of Welfare
Child Support Frequently Asked Questions

US Department of Health & Human Services
Administration for Children & Families

PA Official Website
Child Support Program