Divorce can feel like riding an emotional rollercoaster – one that is filled with fear, stress, disillusion, and big changes. Having an experienced and knowledgeable divorce lawyer to represent you can make the situation far more bearable. The Media divorce lawyers at Eckell Sparks bring experience, insight, and compassion to every case we handle. We will work tirelessly to safeguard your rights, and to help you navigate this challenging journey so that you can move on to a brighter future.
In Pennsylvania, your divorce can be based on fault or no-fault grounds, or after a separation of at least 24 months. If your case involves contested child custody, a dispute about the division of marital property, or the entitlement to or the amount of alimony, then a fault divorce may give you some advantages.
No-Fault Divorce – When a marriage is irretrievably broken, either party can file for divorce. If the filing is uncontested – meaning both parties consent to the divorce – the divorce may be granted as early as 90 days from the date the complaint was filed. Neither spouse is required to prove any wrongdoing on the part of the other.
Irretrievable Breakdown – If one spouse does not consent to the divorce, the spouse seeking the divorce must provide proof that they have lived separate and apart for at least two years. and they state that the marriage is irretrievably broken. Only then will the divorce be granted.
Fault-Based Divorce – There are six allegations that can be used to file for a fault-based divorce.
Courts in most states, including Pennsylvania, begin by assuming that it is in the child’s best interest to have frequent and continuing contact with both parents after a divorce. With that in mind, the courts will determine how that time is divided based on what is best for the child. Generally, judges support joint custody arrangements. The welfare of a child will always be a judge’s primary concern.
In Pennsylvania, as in all states, both parents are expected to support their children. The amount of child support will depend on the income and other resources of both parents, and how much time each parent spends with the children.
The obligation of one spouse to support the other – either on a temporary or a permanent basis – is decided case-by-case. Spousal support can be either agreed to by both spouses, or at the court’s discretion. Not all cases involve support from one spouse to the other. Alimony will only be awarded if the court deems it necessary. The factors that will be considered in determining spousal support and alimony include:
Pennsylvania is an equitable distribution state. That means that a court will order the marital assets be divided in a manner that is considered fair, though not necessarily equal.
Attorneys at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C., are zealous advocates who will fight for your rights and best interests. Call 610-565-3700 to arrange a confidential consultation with a West Chester divorce lawyer in our West Chester or Media, Pennsylvania office or contact us online.