What is Family Law and how does it Apply to the Law of Pennsylvania in York, PA
Family law is a legal practice area that focuses on issues related to domestic relations. These issues can be wide in scope but generally focus on the family structure in some way. Some of the most common types of cases involve divorce, child custody, child support and other related topics. The fact that these issues can impact so many aspects of day-to-day living, as well as the emotional toll they take, makes family law one of the most important legal practice areas for those involved in the justice system.
In York, PA , like many other communities, family law has a high profile in the court system. The York County Court of Common Pleas handles more divorce and custody cases than any other type of case on their docket, which highlights just how important these legal matters are. Family law will inevitably be used by anyone who marries, has children, adopts or otherwise enters into a family relationship that has legal implications. Because of this, civil attorneys with a focus in family law are often well versed in many aspects of both family law and civil law.
Divorce and Legal Separation
A divorce may be granted in Pennsylvania if there is an irretrievable breakdown of the marriage. There are two ways to obtain a divorce in Pennsylvania, depending on how long you have been married to your spouse.
If you have been married for less than two years, you will need both you and your spouse to consent to the divorce and to not ascertain what caused the irretrievable breakdown of the marriage. If you have been married for two years or longer, you can file for divorce without your spouse’s consent and without ascertaining the cause of the irretrievable breakdown of the marriage. In neither case is the court required to consider what might have caused the break down of the marriage.
During this time you will need to attend one session with your spouse provided by the center for mediation. If the mediator does not believe that you agreed to proceed forward with the divorce, then the mediator will notify you to attend a second meeting(s) in an attempt to resolve the issues. There is no set number of mediation sessions you must attend, it only ends when the mediator believes that it is useless.
If after attending one or more mediation sessions the parties are still at an impasse, then the matter may be sent to court in York County, Pennsylvania. The filing process and court procedures are all the same as any other divorce proceeding.
Custody of Children and Child Support
Family law in York County encompasses many areas, such as child custody and support, legal separation, divorce and the division of marital assets, protection from abuse (PFA) orders, prenuptial agreements, and adoption. The following is an overview of the practice areas of our family law services. We invite you to learn more about each area of practice by clicking on the corresponding title.
A thorough understanding of custody laws is essential to reaching a satisfactory agreement for both parents and their children. The most important factor influencing custody decisions is always the wellbeing of the child. Courts are directed by statute to award custody of children based on a standard of "the best interests and permanent welfare of the child." The court must consider specific factors as set forth in the statute which are relevant to the best interests of the child. Since each situation is unique, it often takes days and sometimes weeks for the court to make a decision about custody. We will work with you to help understand the law, and to reach an agreeable API. However, if an acceptable AIP cannot be reached, we will work to have the court arrive at the best decision for you and your child.
Child support is intended to provide for the basic needs of a child, including food, clothing, shelter, transportation, medical care and education. Parents must financially provide for their children until they reach age 18 or graduate from high school. Child support is calculated according to a formula, takes into account the income of both parents and time spent with each parent. Parents can agree to a certain amount of support, or support can be calculated using the AOP formula with the guidance of an attorney. Enforcement of child support orders is also very important, and we can assist you in the enforcement of any existing rehabilitation orders.
Legal separation is the first step toward divorce. A legal separation is generally filed when a married couple wishes to separate from one another but remains legally married; it is sometimes filed as a step to reconciliation. Through legal separation, the couple can work towards resolving their issues while staying married. Legal separation may be temporary or permanent, depending on the couple’s needs. If it is temporary, the couple may use the separation as a cooling-off period in which to decide on the future of their relationship. It may also allow couples to resolve certain issues, such as joint bills and debts. Please contact us to help you navigate the complexities of legal separation.
Although divorce is an extremely common occurrence in Western Society today, it is one of the most complicated emotional events a family may undergo. A divorce can affect child custody, child support, assets and debts, as well as other areas of married life. Divorce is a difficult process and requires experienced attorneys to ensure that you receive fair and just treatment and an equitable settlement. We invite you to contact us to help you navigate the complexities of divorce.
The protection from abuse (PFA) order is a legal tool designed to protect one person from another who is abusive. For this action to apply, there must be a household or intimate relationship between the applicant and the defendant. This action is premised on the existence of "abuse." In emergency cases, a temporary PFA can be obtained without notice to the defendant. Permanent PFA orders can be obtained by trial after notice to the defendant. PFAs are civil and not criminal. However, they bear the potential for criminal sanctions if violated.
Equitable distribution is the process whereby marital property and marital debt is divided between parties to a Divorce Action. Typically, it is the women who will receive the family home and thus, to sufficiently compensate her for her loss of the home, the divorce court will typically grant to the woman a greater share of the total marital property so that she may be able to pay off any existing mortgage on the home. If debts have been incurred during the marriage they are also subject to distribution. Typically, the debt will follow the property.
An Adoption is the creation of a formal legal relationship between an adopted child and parents or a parent. This relationship has all the same rights, privileges, and obligations as a relationship between a natural child and parent. Ohio has made every effort to provide a friendly atmosphere and simplified requirements for adoptions. The adoption judges fully understand that the wishes of the adoptive parents must be balanced with the wishes of the biological parents of the children. We have experience in the following types of adoptions:
A divorce is the termination of a marriage. In Pennsylvania, there are various ways to obtain a divorce, and there are different grounds/factors to consider. People do not "get divorced." Instead we file a divorce action either consensual or contested.
Adoption Process
The adoption procedure in York, PA in straightforward as the process is governed by the Pennsylvania Adoption Act, which requires a petition to be filed in the appropriate court and a hearing for approval of the adoption. However, depending on the nature of the adoption, not everyone connected with the adoption is going to be a participant in the process. If a child is being adopted who is orphaned or whose parentage rights have been terminated, it is easy to plan for the adoption. This is not so if the other biological parent wishes to retain parental rights or simply cannot be found.
By far the majority of adoptions are from a previous marriage and these include stepparent adoptions, where the spouse of a biological parent adopts the child of that parent. For an adoption to go forward, the consent of the biological parent to the adoption is needed. The consent to adoption must be signed by the biological father or mother, and witnesses must be present. A child over the age of 12 must also provide written consent.
If biological parents cannot be found or cannot be located for them to sign the consent form, the adoption action can still go forward. Under York, PA law and the Pennsylvania Adoption Act, a judge can decide that the child can be adopted even if the parents have not consented to the adoptions. If the parents are missing, they must be located and made aware of the adoption proceedings as required by law. A family law lawyer can review the circumstances surrounding the consent form and file motions with the court as necessary to make the adoption action proceed without the signature of a missing biological parent.
Distribution of Marital Assets
Marital Property Division is one of the types of family law services offered by your Divorce Lawyer in York, PA. In Pennsylvania, your marital property is divided under the following legal scheme. Any property obtained during the marriage is deemed a marital asset. Any property obtained prior to the marriage is deemed separate or non-marital property. Separate property is distributed to the party who owns that property in full. So for example, if you owned a house, a car, a checking account, etc. prior to the marriage, the divorce court will not grant the marital estate those assets. So assume a married couple has a house worth $200,000.00, two cars worth $20,000.00 each and a checking account with $5,000.00. Wife had none of the marital real estate, vehicles or bank accounts. The real estate , vehicles and bank account are marital items to be divided and subject to equitable distribution between the parties. Assume the court gives Husband 55% of the assets and Wife 45% under the equitable distribution scheme. After the family law services firm calculates the total assets of the estate, it then calculates the total debts of the estate. Once those figures are established it’s a simple matter of subtracting debt from assets to get the value of the marital estate. In our example, the assets total $265,000.00 ($200,000.00 plus $40,000.00 plus $5,000.00) and the debts equal about $15,000.00 (by way of example only a mortgage and the bills in the checking account). The net worth of everything combined would therefore be $250,000.00 to be divided 55/45 or $137,500.00 for the Husband and $112,500.00 for the Wife.
Protection from Domestic Violence
When you are involved in an abusive relationship in York County, you might be confused about how far the law and legal system can protect you against the abuser. For example, you will be relieved to know that the law provides certain protections for victims of domestic violence, so there are solutions to your harmful household situation.
What is Domestic Violence? Domestic violence in Pennsylvania refers to a range of abusive and threatening behaviors that occur between people who have some form of familial relationship. Acts such as hitting or pushing, harassment, threats, and sexual coercion may be perpetrated by a spouse, former spouse, cohabitant, or alleged parent of a child involved. The very nature of domestic violence leads to the risk that harm will occur, so the law in York County provides for orders of protection to help.
Protection from Abuse (PFA) A PFA order is one of the protective solutions the Pennsylvania legislature has made available to combat domestic violence. Under this civil court order, the abuser cannot contact or in any way come into contact with the victim. This may mean staying away from the victim’s home, work, or school, and the abuser is also prohibited from calling or texting. The victim’s family members are also protected under the PFA.
By filing for a PFA, the victim is asking the judge to order the previously mentioned prohibitions, or any others that would further safeguard their safety. For example, the order may additionally grant the victim exclusive use of the home, award child custody, and award child or spousal support.
How to Get a PFA As an abused individual, you must go to the Prothonotary’s office at the York County Courthouse and fill out a Protection from Abuse petition in order to get a PFA. If you don’t know where the Prothonotary’s office is located, you should look it up online or ask a friend. Upon filling out the petition, you will then go to a hearing where a judge will decide whether to issue the order or not. After the order is in place, it is enforced by the police, who will arrest the abuser if he or she violates it.
Other Protections York County also has other forms of protection in the event of domestic violence. For example, a victim can turn to law enforcement to remain safe by going to a protected space (such as a hospital, church, or even the police station) and asking for protection. In some cases, the law enforcement officer will accompany you to your home to ensure that you do not have to face any present danger.
Selecting a Family Attorney
When it comes to hiring a family lawyer in York, PA, there are several factors to consider in order to find the best fit for your particular case and personality. Family law matters can be highly emotional, so you need to find someone who will deliver the legal services you seek while providing support at a difficult time for you. Your legal counsel needs to be knowledgeable when it comes to the issues your case involves, able to find creative solutions to complex problems, and skilled at negotiation and litigation if necessary.
Here are some factors you may want to consider when choosing a family lawyer: While these factors are extremely important, you should also trust your instincts when you visit with a potential attorney. Decide on the lawyer who is the best fit for you personally and who can help you with your particular legal family issue. You need to feel like you have a personal connection with your family lawyer. You should also believe that your legal matters are going to be handled with professionalism , diligence, and experience, now and in the future.
The best way to find a qualified York, PA family law attorney is to query among your friends and family who are from the York area. Recommendations and referrals are a great way to learn more regarding which local lawyers can handle your specific case.
Another way to find family law services is to use the Pennsylvania Bar Association’s (PBA) "Find a Lawyer" feature, which can all be found on the PBA’s website. The information listed on the "Find a Lawyer" feature includes the areas of practice that each member focuses on.
You can also search online for family law attorneys in the York, PA area. You can visit their websites to get valuable information to help you make a decision that is right for your particular legal needs.