Frequently Asked Questions of Divorce in PA:

Divorce

Q: How long will the divorce process take in Pennsylvania?

A: There is no specific time frame for how long a divorce will take. Once the Divorce Complaint is served on the Defendant, the 90 day “cooling off period” will begin. If, after 90 days, the parties consent to a divorce being entered, then the parties will need to file certain paperwork with the Court which signifies to the Court that the parties are ready for a Divorce Decree to be issued. If either of the parties will not consent to a divorce, or, more commonly, if the parties are still trying to resolve the financial aspects of their divorce, then the case will not be finished until the parties finalize the terms of their divorce.

Q: What happens to the marital home?

A: Depending on a myriad of factors, there are a number of ways that the marital home can be dealt with. The home may either be sold during the divorce and the proceeds divided by the parties, or alternatively, one of the parties may retain ownership and possession of the home. The best manner of dealing with the marital home in any given case will depend on the specific facts of the case.

Q: What will happen to our retirement accounts?

A: If either party has accrued a retirement account during the divorce, then the accrued funds are marital property and are subject to division in the divorce. Depending on the type of account (IRA, 401(k), pension), there are various ways that the retirement accounts can be handled within the divorce.

Q: What will happen with our debts?

A: The general rule is that any debt acquired by either party during the marriage is a marital debt that should be divided in the divorce. However, there are exceptions to this rule, and the division of debt is very fact-sensitive.

Q: What if I inherited money or property from a family member or loved one during the divorce? Will I have to split that with my spouse?

A: The general rule in Pennsylvania is that gifts received by either party during the marriage will be their individual property, and are not subject to division during the divorce. However, there are exceptions to this rule where the spouse who received the gift has sufficiently “mingled” it with the finances of the parties.

Child Custody

Q: How is a Child Custody case started?

A: A custody case is initiated by the filing of a Custody Complaint in the Court of Common Pleas. When the Custody Complaint is filed, the Court will Order that each party attend a Parenting Class, attend a Mediation Session, and go to Court for a Custody Conciliation Conference.

Q: What if we agree about how Custody should be handled, does a Complaint still need to be filed?

A: If you want your Agreement to take the form of an actual “Court Order,” then it will be necessary to file a Custody Complaint. However, once the Complaint is filed, the Agreement of the parties may be made a Court Order and the parties will be relieved from the need to attend Parenting Class, Mediation, and the Custody Conciliation Conference.

Q: What is a Custody Order?

A: A Custody Order is a document, signed by a Judge and filed with the Court, which sets forth the terms and conditions that the parties will follow when handling the custody of their children.

Q: Can a grandparent obtain Custody of a grandchild?

A: Grandparents may have custodial rights with respect to their grandchildren, but the extent of those rights, and the relief that the Court will grant to a grandparent seeking custody, will depend highly on the specific facts and circumstances of the case.

Q: What factors does the Court consider when making decisions regarding Custody?

A: The guiding principle by which all decisions are made regarding Custody is the protection of the “best interests of the child.” In seeking to create a Custody Order that is in the best interests of the child, the Court will consider essentially all facts that may, in any way, affect the relative welfare and happiness of the child involved.

Child Support

Q: How is Child Support calculated in Pennsylvania?

A: Child Support is calculated by using the net monthly income of the parties involved, and applying specific calculations that are set forth in the Pennsylvania Rules of Court.

Q: How do I file for Child Support?

A: If you want to pursue Child Support from your child’s other parent, then you must file a Child Support Complaint in the Domestic Relations Office in the appropriate County. In most instances, parties seeking Child Support may go themselves to the Domestic Relations Office and complete an “intake session” where an Intake Officer will collect the information that is required for a Support case to be initiated.

Q: What happens once a Child Support Complaint is filed?

A: When a Child Support Complaint is filed, the Domestic Relations Office will schedule a Child Support Conference where the parties will need to bring documentation which affects the calculation of Child Support. For example, the parties are Ordered to bring their last Federal Tax Return, their pay stubs for the last 6 months, and verification of expenses such as healthcare costs and daycare/childcare costs.

Q: What happens if either party disagrees with the Child Support Order that is created at the Support Conference?

A: At the Support Conference, if the parties are unable to agree to an amount of Support, and/or if either party disagrees with the obligation that is calculated by the Support Conference Officer, then the Court will schedule the Support case for a “Master’s Hearing.”

Q: What happens at a Master’s Hearing?

A: At a Master’s Hearing, and depending on the specific Court Rules of the County in which the case is pending, the Support Master will hear the testimony of the parties and make a determination as to the appropriate Child Support obligation. The Master has the discretion to consider factors that the Conference Officer was unable to consider. Most notably, the Master may impute a party with an “earning capacity,” which is something that the Conference Officer does not have the discretion to do.

The answers provided to the above questions are very general in nature. For more information, please call the Law Office of Eric Trajtenberg to schedule a free initial consultation.