How much does a divorce cost?
A: The cost of a divorce is broken down into two separate areas: the “costs” and the “attorney fees.” The “costs” or “court costs” as they are sometimes called are the amounts of money you must pay to file a divorce action in court, to have your ex-spouse properly served, and the amount which must be paid for other necessary expenses. These expenses can also include the cost of hiring a court reporter, a fee for the Master, accountants, appraisers or other experts. In many cases, only some of these expenses will be incurred, but you should discuss them with your lawyer at the beginning of the proceedings.
The attorney’s fees, in most cases, are directly related to the amount of time the lawyer will have to spend on your case. Most lawyers bill on a hourly basis for divorce work. Therefore, if your divorce involves a great deal of disagreement between you and your spouse, it is likely that your attorney’s fee will be higher than if there is a general agreement. You should be sure to have a firm understanding with your lawyer about how the fee will be determined, since this can easily be an area of misunderstanding. Most lawyers require the payment of a retainer fee (an initial payment) against which their time will be charged.
Do I need a lawyer to get a divorce?
A: The law does not require that a person have a lawyer to file any proceeding in any court. However, because of the importance and possible complexity of divorce, you should be represented at every stage of a divorce proceeding. If for any reason you did secure a divorce without an attorney, and the divorce were found to be improper for some reason, you could face serious problems many years later. These might include a bigamy charge if you have remarried, questionable social security rights, questionable inheritance rights, questionable status of children born of subsequent marriages, and other problems. If your case involves a contest of the divorce by your spouse, or involves children, or any significant amount of property, then you should undoubtedly hire a lawyer immediately to protect your interests.
What is a “no-fault” divorce?
A: “No-fault” divorce laws mean that neither spouse needs to prove that the other has been guilty of any misconduct in order to obtain a divorce. The only charge generally necessary is that the marriage has failed and cannot be saved. The main thrust of cases in “no-fault” divorce states is to resolve financial matters, custody rights and other similar problems; “fault” of a party is not considered in determining whether or not a divorce will be granted or how these other issues will be resolved.
What if I don’t have enough money to live on before the divorce is completed?
A: If your spouse has funds or is earning money and is capable of supporting or financially assisting you, and you neither have nor are able to earn enough money to live on, the court can order your spouse to pay you enough money to live on while the divorce is proceeding. An order such as this, however, is only a temporary order, and you should not rely on getting the same amount for alimony or child support after the divorce is completed.
How will the property of my spouse and me be divided and distributed?
A: The Court will attempt to divide the property fairly. One of the first things that you should do in preparing for your divorce is to provide your lawyer with a complete inventory of all properties owned by you separately, your spouse separately, and you and your spouse together. Present this completed form to your lawyer so he/she can be properly equipped to discuss property questions when they come up. It is also important to communicate to your lawyer what you think a fair division of the property would be and why.
How is the custody of a child determined?
A: When your divorce comes before a judge, it will be the duty of the judge to determine which spouse will have the custody of the child or children of the parties. The function of the judge is not to determine which parent is more deserving, but how the welfare of the child will be best served. Ordinarily, all of the children are placed in the custody of one parent, since this is usually the best way to serve the welfare of the children. However, if the judge determines that the children’s welfare will be best served by giving custody of some to the father and some to the mother, then the judge has the authority to do so.
Can the custody of a child be changed?
A: Yes, if the circumstances surrounding the original grant of custody change, then the custody itself can be changed. As in determining custody originally, the best interest of the child will always be the first consideration.
What is shared custody?
A: Shared custody is a form of custody in which the custody of the child (or children) is awarded to both parents. When this happens, the judge will usually include in the decree a statement as to which parent is supposed to have primary physical custody of the child and the times during which the physical custody may be changed from one to another (such as on weekends, during summer vacations, and holidays). If shared custody is ordered, both of the parents have the right to make decisions regarding the child, such as education, religious upbringing and other important questions.
What factors are considered in determining whether or not to award alimony?
A: As a general rule, the judge will consider the needs of the party in question as well as the abilities of that party to earn a sufficient living without alimony. If the party is capable of earning a living and could continue to live in the same style as during the marriage, then ordinarily alimony would not be awarded. On the other hand, if a party requires additional income to maintain the same lifestyle, then the judge will look to see whether the other party is capable of giving up a part of his or her income. In some states, the judge looks at the question of who was at fault in causing the destruction of the marriage.
What factors are considered in determining whether or not to award child support?
A: As a general rule, Pennsylvania recognizes that each parent has an obligation to contribute to the support of his or her children. Special circumstances may change that general rule, and if any such special circumstances exist, you should discuss them with your lawyer.
Who will decide the amount of alimony or child support to be awarded?
A: If you and your spouse are unable to come to an agreement with respect to the amount of alimony or child support to be awarded, then the judge will make that decision after hearing testimony as to the needs and ability of the parties to pay.
Can my spouse and I resolve our differences by agreement?
A: Pennsylvania recognizes the right of the parties to a divorce action to voluntarily agree upon the terms of their divorce. This is generally accomplished by what is called a “property settlement agreement.” A property settlement agreement can set forth the terms upon which the property of the parties will be distributed, or, if the property is to be sold, the basis upon which the proceeds will be distributed. A property settlement agreement can also state the amount of alimony and/or child support to be paid by one spouse to the other.