Why You Need To Understand Family Law in PA

Family Law

Have more questions? Click here to see our FAQs

Children, spouses, and family are what give meaning to our lives. When family law courts get involved, emotions can get heated. Whether you’re considering divorce, navigating a child custody issue, or figuring out your rights to spousal support, understanding Pennsylvania’s family law system is crucial. 

At the Clause Law Group, you’re more than a number. We consider ourselves to be your one firm for life. From navigating family court to supporting you through a traumatic divorce process, we’ll use our strategic approach to help you build a strong case. 

Overview of Divorce, Custody, and Support

In Pennsylvania, family law includes several key areas that often intersect. Our legal team can help you understand divorce proceedings, make custody arrangements, and fight your alimony case in court. 

You need an all-in-one shop for Newfoundland family court proceedings. A single divorce case can quickly turn into a spousal support fight and child custody dispute. Our experienced family law attorneys can handle contested and uncontested divorces in Pennsylvania. We’ll help you navigate spousal support, marital property, and debts.

Spending a single moment away from your child can be agonizing, which is why your custody arrangements are so important. The court’s primary duty is the child’s best interests, so we have to demonstrate that assigning you physical and legal custody is in the best interests of the child. Family court judges are granted broad discretion in determining case outcomes, making high-quality legal help especially important.

Timeline of a Divorce Case in Pennsylvania

As your case goes through court, your divorce lawyer will guide you through the entire process. Before you can deal with any financial issues in a divorce, you first have to file the complaint. While each Pennsylvania divorce case is a little different, you’ll typically go through the following process.

  1. File the Complaint: First, one of the spouses files for divorce with the Court of Common Pleas in their county. 
  2. Serve the Complaint: The other spouse must be served with the complaint. Then, they are given 20 days to respond.
  3. Wrap Up a Mandatory Waiting Period: Once both parties consent to a no-fault divorce, you’ll need to complete a 90-day waiting period. 
  4. Complete Discovery: Next, the spouses will need to exchange their financial information and other data during discovery. At this stage, you can negotiate a settlement if the other side is willing.
  5. Attend Court Hearings: If you haven’t reached a divorce settlement yet, you’ll need to attend court hearings to decide on the division of property, spousal support, and child custody.
  6. Get a Final Decree: After reviewing the case, the court will issue the divorce decree.

Key Legal Terms and What They Mean

When it comes to the family court process in PA, there are a few legal terms that you should understand. 

  • Alimony: Technically, alimony is what gets paid after your divorce proceedings are wrapped up. Spousal support is the funds paid during your separation process.
  • Child Support: Child support is the court-ordered payments that one parent makes to the other parent. Normally, the non-custodial parent pays the custodial parent.
  • Equitable Distribution: While property isn’t always distributed equally, Pennsylvania courts must divide it up as fairly as possible.
  • Legal Custody: Legal custody refers to who gets to make important decisions about how a child is raised, such as where they go to school and the medical procedures they receive.
  • Marital Property: Generally, marital property is any property acquired by a spouse during the marriage. While marital property must be distributed between the spouses, non-marital property does not unless it grew in value during the course of the marriage.
  • Parenting Plan: As a part of the family court process, a parenting plan will be drawn up that clearly details legal custody, visitation, co-parenting responsibilities, and important details.
  • Physical Custody: Physical custody determines who the child lives with and the amount of time they get to spend with either parent.

When To Hire a Family Lawyer

Dealing with family law cases is challenging. Besides the legal complexity, these cases are naturally prone to high emotions. 

You should turn to a legal professional if you’re handling a complex divorce or have a dispute involving child custody laws in PA. A skilled family law attorney in PA can help you modify spousal support, file for a protection order, or dispute child visitation. If you’re overwhelmed and don’t know how to proceed, you need a professional attorney to help with your case.

Local residents in Newfoundland, Greentown, Hawley, Milford, and the surrounding areas turn to the Clause Law Group because of our decades of legal experience. We provide compassionate, aggressive legal representation and a client-centered approach. 

Frequently Asked Questions

Over the years, we’ve heard clients ask a few common questions about family court cases in Pennsylvania. 

How long do Pennsylvania child custody cases take?

Child custody cases can take anywhere between a few months to a few years to complete. The timeline can vary from case to case, so it’s essential to talk to your attorney about what kind of timeline to expect. 

Does every divorce case go to court? 

While some divorces get resolved in court, others are handled during mediation or a settlement agreement.

Am I allowed to change my child custody agreement later on? 

Yes, you are absolutely allowed to change the custody order if the circumstances have changed significantly. It is generally much easier to set up your desired arrangements during your initial custody instead of having to change them later on, so your first priority should be seeking the best outcome possible in your original agreement.

How long do you have to live in Pennsylvania before you can file for divorce there? 

In general, you’ll need to live in the state for six months before you’re allowed to file for a divorce.

Will spousal support be automatic? 

Nothing is automatic in a divorce case. The court will look at the income, length of the marriage, and your earning capacity before spousal support is awarded.

How can I save money on my divorce?

The easiest way for both partners to save money is by agreeing to an uncontested divorce. You should still have a family law attorney review all of your legal documents to ensure you’re making the right choice.

Schedule a Consultation Today

When you need a new car, you don’t grab a wrench and start assembling it yourself. You turn to the experts for a smooth, well-made machine. With something as important as your family’s future happiness, you need family law experts on your side to support your case. 
At Clause Law Group, we have years of experience in helping local families navigate family court in Wayne, Pike, Monroe, Lackawanna, and Luzerne Counties. For more information on how we can help with your legal case, reach out to our experienced legal team today.