Law Office of Gary R. Swavely, Jr. Blog

Going through a divorce can be an emotional process. Even when couples agree to all terms of the divorce, the process of ending a marriage can be difficult. When the parties do not agree to the terms of their divorce, the stress, expense, and time of a litigated divorce action can make matters even tenser. However, using divorce mediation may be a way to resolve issues in a manner that is less costly and time-consuming. A Pennsylvania family law lawyer can review your situation to help you decide if divorce mediation is right for you.

Five Things You Need to Consider If You Want to Mediate Your Divorce Case

Before you agree to mediation, you should consider at least these five things:

1. Can we resolve all issues through mediation?

Q: Can I lose custody of my child over a social media video?

Getting divorced in Pennsylvania can be stressful. There are so many issues a couple needs to work out – – or have a judge decide for them if they are unable to come to an agreement.

At a minimum, a couples have to divide their marital property and must determine if one spouse will be paying spousal support (or alimony as it's more commonly called) to the other.

Going through a divorce can be an emotional process. Even when couples agree to all terms of the divorce, the process of ending a marriage can be difficult. When the parties do not agree to the terms of their divorce, the stress, expense, and time of a litigated divorce action can make matters even tenser.

Going through a divorce is a stressful time for most individuals. There are many issues to be settled in the divorce, including custody, support, property division, alimony, and division of debt. While many people are somewhat familiar with Pennsylvania’s equitable distribution statutes of marital property, they may not be aware that these laws also apply to marital debt. You could be saddled with your spouse’s debt after a divorce. Therefore, it is important for you to consult an experienced..

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.

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.

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.

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.

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.

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.