Law Office of Gary R. Swavely, Jr. Blog

In some states, a spouse must prove that the other spouse is guilty of wrongdoing or “fault” to obtain a divorce. However, many states are moving to a no-fault divorce system that makes it easier, less costly, and quicker to obtain a divorce. In some states, including Pennsylvania, lawmakers combined the two types of divorce to give spouses a choice between no-fault divorce or fault divorce.

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Q: Can harsh punishments cost me custody of my child?

If you're considering getting divorced in Pennsylvania, you may be in wondering what is involved in the process. If you are parting ways, you'll need to divide your property. In addition, you'll need to consider if one spouse will pay spousal support, also known as alimony, to the other and if so, how much will the payments be and how long will they continue.

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When you are adopting a child in Pennsylvania, you must terminate the parental rights of the birth parents before you can proceed with the adoption. This step must be done regardless of whether the adoption is private or public. It is also required for family and non-family adoptions. Parental rights may be terminated voluntarily or involuntarily. Once the parental rights have been terminated, the adoptive parents are listed on the child’s birth certificate as the birth parents.

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Q: Can a parent regain child custody after a manslaughter conviction?

If you are considering getting divorced in Pennsylvania, you and your soon-to-be ex-spouse will need to agree on how your marital property will be divided and whether one of you will pay spousal support or alimony to the other.  If you have minor children together, you will have to agree on child support, custody, and visitation. If the couple can't agree on the terms, a family court judge will decide.

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Marital agreements can be a useful tool for parties as they prepare to get married or even after they are married. Partners enter marital agreements for a variety of reasons, including protecting family property, settling various matters that may arise during a divorce, and providing for children from a previous relationship. Before you consider signing a marital agreement, there are many things that you should consider. A Read more . . .

Many people considering getting divorced in Pennsylvania have minor children. In that case, the parties need to agree on issues that include child support and child custody. If they can't come to an agreement, those terms of the divorce will be decided by a judge.

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Some people believe that prenuptial (prenups) agreements are unromantic, can ruin a wedding, and can cause problems between partners.  However, there are many reasons why you should consult a Pennsylvania marital agreements lawyer to discuss a prenup.

For example, if you have inherited a considerable sum from your family, own a family operated business, or have children from a previous relationship, entering a prenuptial agreement can protect your children and pre-marital assets.

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Q: Can parents be sued for their adult child’s actions?

Parents getting divorced in Pennsylvania have many issues to work out when children are involved. The court looks at what's in the best interest of the child when deciding child support and custody issues. But whether couples are divorced or remain married, how they raise their children can impact them well into adulthood.

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Dealing with custody issues can be a very emotional, complicated, and frustrating process when parents are in the same city or state. However, when parents are in different states or even a different country, child custody issues can become far more complex. Under Pennsylvania custody laws, the child’s best interest is a guiding factor in determining child custody disputes, including child relocation issues.

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Q: Can a family lawyer help a domestic violence victim? 

In the majority of cases, couples considering getting a divorce in Pennsylvania have many issues to work out in the transition from a single household to two separate ones.
In addition to the division of marital property, there are issues of spousal support (also known as “alimony”) including who is responsible for paying it, how much they must pay, and for how long they must pay it.
If the couple has children together, perhaps the hardest thing to work out is Read more . . .

How Much Will I Have to Pay in Spousal Support?

If you are facing divorce, you need to know what your financial picture will be. You cannot make wise financial decisions, such as renting or buying an apartment or house if you do not know how much disposable income you will have. If you anticipate that you will have to pay alimony (also called maintenance or spousal support), you should do yourself a favor and speak with a skilled divorce lawyer about your particular circumstances.

Presumed Amount of Spousal Support

Pennsylvania courts use guidelines to calculate a presumed amount of spousal support. The courts take the position that the guideline-calculated amount is correct.
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