Family Law
DIVORCE AND ESTATE PLANNING
March 14, 2023What You Need to Know During a Divorce
Many legal issues surround divorce, such as the determination of custody, support, and equitable distribution of marital property. In addition to all of this, there are often emotional issues. Updating an estate plan is generally at the bottom of your list, if it even makes the list, when you are going through a divorce. However, updating estate planning documents, such as a Will, Power of Attorney, Health Care Power of Attorney, Advanced Medical Directive (Living Will), and Revocable Trusts should be a top priority.
Prenuptial Agreements: A Good Option for Many
January 19, 2023Divorces can be complicated and messy, particularly when it comes to dividing the assets you have acquired during the marriage. Fortunately, by planning a little before marriage, you can significantly reduce the complications and messiness associated with a divorce, and possibly eliminate them altogether. How, you ask? With a Prenuptial Agreement.
IS DIVORCE MEDIATION REALLY WORTH IT?
January 3, 2023Advantages of Mediation to Resolve Divorce Issues
Have you been wondering if Divorce mediation is really worth it? Divorce Mediation in the legal field, is often referred to as “an alternative dispute resolution process”. There are several processes in this category. Other frequently used methods of alternative dispute resolution are arbitration, and collaborative law. Approximately half the states in the United States require participants in a divorce and/or custody action to participate in mediation before they become involved in the Court system.
Kids Have A Say In Custody Decisions
July 8, 2022
When determining an award of custody, Pennsylvania Courts consider sixteen (16) factors as listed and described under 23 Pa. C.S. § 5328. One of those factors, specifically, 23 Pa. C.S. § 5328(7) provides that the “well-reasoned preference of the child based on the child’s maturity and judgment” be considered when making a decision concerning custody.
Common sense would dictate that the older the minor child subject to a custody action, the greater the evidentiary value his or her preference would have for the presiding judge in a custody hearing. But for a few exceptions, the foregoing is accurate for obvious reasons. First and foremost, the older minor child would be more able to articulate his/her preference than would a much younger child. Second, the older child’s stated preference would more likely impact a decision concerning custody because it would be the manifestation of a more mature and developed intellect, based on age.
Rules Governing Military Benefits in Divorce Cases
June 27, 2022A military spouse considering separation and divorce should be aware of protections afforded by The Uniformed Services Former Spouse Protection Act (USFSPA) and options for dividing military retired pay. Primarily, USFSPA was enacted to provide financial protections to former spouses of military members, to include allowing states to divide military disposable retired pay as marital property upon the entry of a Divorce Decree. USFSPA also provides certain categories of a spouse’s additional protections and benefits:
What Happens in a Custody Case in Lancaster County?
May 3, 2022I. Appearance in Family Business Court
This does not happen in each case. When your case begins, it may be necessary to have a “temporary”
Custody Order. This will require an appearance in Family Business Court. Family Business Court is a Court Session which is held on Monday, Tuesday, Thursday, or Friday (depending on the letter of the alphabet of the Defendant’s last name). At this time, attorneys speak with the Judge, make arguments, and the Judge makes a determination regarding their request. A Temporary Custody Order may be entered after a Family Business Court Session. This is not a final, permanent Order.
Relocation in Custody Matters
February 18, 2022Child and Spousal Support: When Can I Modify the Amount?
August 10, 2021In Pennsylvania, child and spousal support amounts are established using the guideline formulas described in Pa.R.C.P. 1910.16-3. These formulas consider and apply various factors, including income levels, health insurance premiums, childcare costs, mortgage payments on a marital home, and physical custody schedules, with the purpose of determining a guideline support amount.
Once the guideline support amount is established and made into a court order, either party may subsequently file a Petition to Modify the support amount as a result of a substantial change in circumstance.
Lancaster County Divorce Master Helps with Equitable Asset Distribution
July 1, 2021Contemplating Divorce?
May 28, 2021Think and Plan Ahead!
Steps to Take When Pondering Divorce
Many individuals seek legal counsel once they have left their spouse or their spouse has left them. If you are contemplating divorce, the best course of action is to seek counsel before you leave. It is critical to understand all of the opportunities and responsibilities you will have if you make this life changing decision.
First, we recommend you draw up a budget. How much money do you expect to bring in after the separation? How much money do you expect to have in bills? Will you have to pay support to your spouse? How much support will your spouse pay to you?
Next, you need to figure out housing. Do you have enough money to take over the mortgage on your own? Do you have enough money to afford rent on your own? It would be wise to speak to a banker and/or a local apartment complex to make sure you will be able to afford housing after the separation. If you have children, you need to consider the cost of housing in your local school district.
Finally, examine your health insurance status. Can you provide your own health insurance? How much will that cost? Do you want your spouse to provide your health insurance?
Considering these major questions will make the transition smoother. Planning ahead can give you comfort and confidence as you go forward. Our family law attorneys have a wealth of knowledge to get you on the right path and advise you on what to expect throughout the case. We are here for you from start to finish. Call 717-299-7342 to schedule a consultation and prepare yourself for the journey ahead. Contact Pyfer Reese Straub Gray & Farhat, PC.