Services
Silverblatt & Associates prides itself on high quality legal services that are dedicated exclusively to family law matters such as:
Divorce
Under the divorce law there are two ways to obtain a no-fault divorce. One way is to file a Complaint alleging that the marriage is irretrievably broken; and if both parties sign Affidavits of Consent, 90 days after the filing of the Divorce Complaint a divorce can be granted.
There is no requirement, however, to file an Affidavit of Consent. Therefore, the second no-fault provision states that if the parties live separate and apart for a period of two years a divorce can be granted over the objection of the other party.
Pennsylvania also retains certain fault grounds such as adultery , indignities and cruel and barbarous treatment.
Custody
Custody is determined by consideration of what is in the best interests of the child.
There are two forms of shared custody. There is shared legal custody, which requires the parties to consult with each other regarding major decisions affecting the child's life, and there is shared physical custody which assures the child of continuing and frequent contact with both parents.
If shared custody is not appropriate, one party may be awarded custody and the other party partial custody.
Partial custody means the right of one parent to take the child away from the custodial parent for a specified period of time, i.e., every other weekend, two weeks in the summer, etc.
Visitation is much more stringent and is defined as seeing the child in the presence of the custodial parent. This is generally only utilized where for some reason supervision of the parent is required when seeing the child.
Support
There are two forms of support, child support and spousal support. Unless there is absolute neglect, neither child support or spousal support are available when the parties are living together.
Both child support and spousal support are determined by applying the Pennsylvania Support Guidelines which determine support based upon the parties' net monthly incomes.
Child support has no taxable consequences. Spousal support is deductible for the person paying the support and is includable in the gross income of the party receiving it.
Relocation
There is no ban against a party relocating from the state of Pennsylvania. There is, however, a ban on a parent relocating with children without the consent of the other parent or, alternatively, the permission of the court.
In order to determine if relocation is applicable, the courts must consider the best interests of the children.
In addition, the custodial parent who seeks to relocate with the children must demonstrate (1) that the proposed move is likely to significantly improve the quality of life for the parent and children; (2) that the move is not motivated simply by a desire to frustrate the visitation rights of the noncustodial parent or to impede the development of a meaningful parent-child relationship; and (3) the feasibility of substitute visitation arrangements to insure a continuing relationship between the child and the noncustodial parent.
Equitable Distribution
All property acquired during the marriage, regardless in whose name it is titled, is presumed to be marital property subject to what the law calls equitable distribution, which simply means a division of the property in whatever proportion the court deems just and appropriate. Marital property in Pennsylvania is to be divided without regard to marital misconduct.
Marital Dissolution Agreements
The vast majority of divorce cases are settled between the parties and not decided by the court. Pursuant to a settlement, a Marital Dissolution Agreement is prepared setting forth the rights and obligations of the parties usually with respect to the equitable distribution of marital property, alimony if applicable, and child custody. Generally speaking, the more substantial the case, the more complex the Marital Dissolution Agreement will be.
Prenuptial Agreements
Prenuptial Agreements are permitted in the state of Pennsylvania and are treated by the courts as legally enforceable contracts provided that there has been a full and fair financial disclosure of the assets and liabilities of each of the parties and there are no other contractual defenses proven.
Alimony, Alimony Pendente Lite
Alimony has been authorized by statute in the state of Pennsylvania since 1980 and is defined as a post divorce award or settlement of an amount of money to be paid to the dependent spouse. There are currently 17 factors in the divorce statute which cover a party's entitlement to alimony.
Alimony can be either modifiable or non-modifiable. If the parties agree to an amount of alimony to be paid for a specific number of years in a Marital Dissolution Agreement, that obligation may be contractual and, therefore, non-modifiable. On the other hand, if alimony is awarded by the court pursuant to a hearing, then the alimony is by definition modifiable both in terms of duration and amount.
Alimony pendente lite is defined as alimony pending the litigation and is treated similarly to spousal support in terms of the amount to be paid. That amount is based on the Pennsylvania Support Guidelines and is deductible to the payor and includable in the gross income of the payee. Alimony pendente lite is generally paid until the divorce is final.
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