FAQ: Family Law

Q: How long does it take to get a divorce in Pennsylvania?

A: If the divorce is not contested, it can be final in as little as four months from the date a complaint is filed in court. In a contested divorce it customarily takes a lot longer for all matters in the divorce to be finalized. It is possible, however, to proceed with the actual divorce itself and then resolve any other economic issues after the divorce decree has been entered.

Q: What are the economic issues in a divorce?

A: Other than child support, which is discussed below, there are two economic issues that arise in most divorces: alimony and equitable distribution. Alimony is a monthly payment made by the non-dependent spouse to the dependent spouse for a period of time following the divorce. The monthly amount and the duration of the payments depend on a number of factors such as the length of the marriage, the abilities of the parties to earn income, the roles of the parties in the marriage and other similar factors. Pennsylvania courts do not generally award alimony on a permanent basis. If the parties cannot agree on an amount and duration, the court will conduct a hearing, and issue an order regarding alimony.

Equitable distribution is the process of dividing the assets the parties have accumulated during the marriage. Assets which must be addressed in equitable distribution may include bank and investment accounts, their home, pensions or other retirement accounts, cars, household furnishings and any other item of property that they obtained during the marriage. Some items, such as inheritances or gifts, may be excluded from distribution. Debts of the parties are also considered. As with alimony, the parties can agree how their property will be divided or, if they cannot, then a court will decide after a hearing and through the application of a number of factors similar to those applied in determining alimony.

Q: How is child custody determined in Pennsylvania?

A: The law in Pennsylvania requires that a court determine custody based upon the best interest of the child. While many custody cases are resolved through court supervised mediation and conciliation prior to any hearings before a judge, other cases require court involvement either to establish custody or to enforce existing custody agreements or orders. When the parents cannot reach an agreement on custody issues, custody will be decided by a judge after a trial. Each party will be permitted to present evidence as to his or her fitness as a parent and the other parent’s lack of fitness. The court also will consider a psychological evaluation of the parties and the child or children performed by experts appointed by the judge. The judge may also order evaluations of the homes where the child or children will live. Custody orders and agreements are always subject to modification by a judge if the parent seeking the modification can establish good cause for the change.

Q: Can the parent with custody move the children a long distance from the parent without custody?

A: Any change in location, whether out of the state or across the state, will require court approval absent an agreement of the parents. Where there is an existing custody order or agreement, the party wanting to move must petition a court for an order permitting the move. The court will only permit the move if it is satisfied that the move will benefit both the parent and the children. A judge will want to be sure that the move is not motivated by a desire to harm the child’s relationship with the other parent and if reasonable substitute visitation arrangements are possible. Even where there has not yet been an order or agreement regarding custody, the best practice is to seek a court order because judges do not approve of parents making such important decisions unilaterally.

Q: Can you explain the obligation for payment of support?

A: There are two kinds of support: child and spousal. Spousal support is payable from one spouse to the other after they begin living in separate residences. Spousal support will continue until the parties are divorced or they cohabit with another person. In some circumstances support can be ordered even while the parties live together. Spousal support can be denied by a court if it determines that the spouse seeking support abandoned the other spouse without good reason. Child support is paid by the parent who does not have custody to the parent who has custody. It is payable by any parent to the person with custody of the child as long as paternity is established.

Q: How is the amount of support determined?

A: Child support in Pennsylvania is usually determined by a set of guidelines used by the courts. These guidelines use the net incomes of the parties to determine how much the non-custodial parent must pay to the custodial parent. Using the combined monthly net incomes of the parties, the guidelines provide a pre-determined amount that parents would be expected to spend to support a child. The non-custodial parent would then pay a percentage of this pre-determined amount which is equal to his or her percentage share of the combined net monthly income. For example, if the pre-determined amount for the support of one child is $1000.00 and the non-custodial parent earns sixty percent (60%) of the combined monthly net income, then that parent will pay $600.00 in child support. Spousal support is determined after the child support amount is determined and uses a different formula. The net income of the custodial parent is deducted from the net income of the non-custodial parent. The amount the non-custodial parent pays in child support is also then deducted. The non-custodial parent will then pay an amount equal to thirty percent (30%) of this amount as spousal support. Where there is no child support being paid, spousal support is equal to forty percent (40%) of the difference between the parties’ net incomes.

Q: Can a court order the payment of support over the amount provided for in the guidelines towards the cost of medical insurance, medical expenses not covered by insurance, day care expenses or other similar expenses?

A: The non-custodial parent will generally be ordered to provide health care coverage for the children if it is provided through work. If coverage is not provided the court can order contribution from that parent towards the cost of coverage. For medical expenses not covered by available insurance, the court will usually require the parties to pay for those expenses in proportion to their relative incomes. It is also common for the non-custodial parent to be directed to pay a proportionate share of childcare expenses. Other extraordinary expenses can also be considered by the court and can justify an order above the guideline amount.

Q: How long is child support payable?

A: In Pennsylvania, child support will terminate either on the eighteenth birthday of the dependent child or when that child graduates high school, whichever occurs later. Absent an agreement between the parents, Pennsylvania law cannot force a parent to support a child in college either through payments to the child or through the payment of tuition or other expenses.

Q: Can the custodial parent deny visitation with the children to the non-custodial parent who is not paying child support?

A: No. These are two separate matters and the court will not normally deprive a parent of visitation because of support arrearages.

Q: What is a PFA order?

A: PFA stands for Protection From Abuse. Pennsylvania enacted a law called the Protection From Abuse Act to allow a person abused by a family member or intimate partner to seek court intervention to end the abuse. A court will enter a temporary PFA protective order simply on the word of a person who claims to have been abused or threatened with abuse. If the other party contests the allegation of abuse, then the court will hold a hearing at which both parties can appear and present evidence. If the Court determines that the person seeking the PFA order is in need of protection, it can enter an order barring abuse and directing the alleged abuser to move from the shared residence and to not have any contact with the person seeking the PFA order. The order can remain in effect for as long as two years. If a violation of the PFA order is reported, police officers are required by law to take the alleged violator into custody. A violation can result in a jail sentence of up to six months and fine of up to $5,000. It is important to have legal representation at all stages of PFA proceedings, because of the remedies provided.

Q: How much can I expect to pay in attorney fees in a divorce?

A: The amount of fees charged in any divorce or other family law case depends upon the complexity of the issues and the amount of work required. Our firm would generally charge a single flat fee for appearances at support conferences, Protection from Abuse (“PFA”) hearings, or for handling uncontested divorces. All other domestic relations matters will be charged on an hourly basis. In such situations, a retainer is required and the client normally receives monthly statements indicating how much work has been done and how much of the retainer remains, and any additional fees due. There are also some costs involved in divorces that have to be paid by the client. These include filing fees, the costs of expert reports, the costs of transcripts and other similar items.