Family Law
Our family law attorneys have over thirty years combined experience in handling the needs of clients in family law matters. This experience ranges from representing clients who are going through a divorce or pursuing custody of their minor children to working with clients who are appearing before the Court for support or protection from abuse matters.
Any of these proceedings can be unsettling and overwhelming. Our attorneys will work with you to gather the information necessary to handle your case, determine your goals, develop a strategy and carry it out. Beginning with your initial office visit, one of our attorneys will advise you of your rights and obligations under the law and gather the facts of your case and the information necessary to represent your interests effectively.
We handle a wide range of family law matters, including:
- Divorce
- Child custody
- Support
Our Family Law attorneys are:
Divorce
Beginning with your initial office visit, one of our attorneys will meet with you to gather the information necessary to file a Divorce Complaint and to advise you of your rights and obligations under the Pennsylvania Divorce Code. You will be advised of the procedure for obtaining a divorce in Pennsylvania and your options for the filing of a divorce complaint. At this time, you may also be advised of the right to request marital counseling and, if you have minor children, the obligation to attend the Children Coping with Divorce Seminar.
Once a divorce complaint has been filed with the Court and served on the opposing party, you will meet with your attorney to further discuss issues concerning the equitable distribution of marital assets and liabilities. At this time, a strategy will be developed for addressing these issues with the opposing party and his or her attorney. Following this meeting, more information may need to be gathered before you are able to begin negotiations regarding a property settlement, or your attorney may prepare a settlement proposal for your review and presentation to the opposing party.
Our attorneys will continue to work with you and advise you of your rights and obligations as well as those options which may be available to you throughout the negotiation process until an agreement can be finalized. In the event that negotiations are unsuccessful and it becomes necessary to litigate these issues, our attorneys will work with you throughout this process.
Upon the resolution of all economic and property issues arising out of the marriage, our attorneys will take the necessary steps to finalize the divorce with the Court.
Custody
Perhaps the most difficult and lasting effect of a divorce or separation is the impact that the separation has on the minor children of the parties. Although the relationship of the parties has ended, they continue to be parents and therefore still have an obligation to make decisions that are in the best interests of their children.
Our attorneys will meet with you to discuss the custody process and options which may be available to you given the specific facts and circumstances of your case.
If possible, the parties may enter into a Custody Consent Agreement which will then be presented to the Court for adoption as an Order of the Court. If the parties cannot agree on an arrangement that they both believe is in the best interests of their children, it will be necessary to file a Petition for Custody with the Court.
When a custody petition is filed with the Office of Custody Conciliation, the parties will be scheduled to attend the Children Coping with Divorce Seminar unless they have already attended in connection with an action for divorce or a previous custody proceeding. The custody office will also schedule the parties for an intake conference during which they can discuss the issues regarding their case and their children.
The custody intake conference is intended to be an informal proceeding. There is no evidence or testimony presented and no witnesses are called at this time. The parties and their attorneys will meet with a conference officer and attempt to reach an agreement on custody arrangements for their children. If the parties are able to reach an agreement, a custody order will be prepared and presented to the parties at that time. A more formal copy of this Order will be mailed to the parties by the Court shortly thereafter.
If no agreement is reached, the conference officer will prepare a recommended Order of Court. If the parties are in agreement with this recommended Order it will become the final Order. However, if either party objects to the recommendation of the conference officer, either in whole or in part, they may file exceptions with the Court and request an adversarial hearing before a Judge of the Erie County Court of Common Pleas.
At an adversarial hearing or custody trial, the Judge will decide what custody arrangements are in the best interests of the minor children. Each party will be given the opportunity to present his or her case and to cross-examine any adverse witnesses. Following the conclusion of this proceeding, and after considering the evidence presented and the best interest of the children, the Judge will issue an Order regarding custody of the children.
A custody Order may be modified at any time by filing a Petition for Modification with the Court.
Support
Under Pennsylvania law, parents are responsible for the support and maintenance of their minor children and, in certain circumstances, for children over the age of eighteen. Additionally, married individuals may have a responsibility to support each other based on their income and ability to do so.
Child support is the financial assistance owed to a child until the child reaches the age of eighteen or graduates from high school whichever is last to occur. The amount of a party's child support obligation is determined based on the party's income and according to the support guidelines as established by the Pennsylvania Supreme Court.
A spousal support or alimony pendente lite obligation arises out of the marriage relationship and terminates when the marriage ends.
An action for support is initiated by filing a Petition for Support with the Erie County Domestic Relations Office. At the time a support petition is filed, a support conference is scheduled with an intake officer of the Erie County Domestic Relations Office. At this conference the parties will present proof of income and the conference officer will calculate their average monthly net incomes according to the Pennsylvania support guidelines. The conference officer will apply the Pennsylvania Support Guidelines to those incomes and determine the respective support obligations of the parties. After calculating the base support obligations of the parties the conference officer will take into account any grounds for deviation or modification which may exist including but not limited to childcare expenses, shared custody arrangements, health insurance premiums, private school tuition and uninsured healthcare expenses.
If the parties are able to reach an agreement on the figures as calculated by the support conference officer, a consent Order will be prepared and signed by the parties at that time. If either party disagrees with these figures or refuses to sign a consent Order, a recommended Order will be prepared and mailed to the parties. If the parties are in agreement with the recommendation of the support conference officer they do not need to do anything and the recommendation will become the final Order of the Court. However, if either party disagrees with the recommended Order they may file exceptions to this recommendation and request a hearing before the Court.
- If a support Order is issued by the Court a wage attachment for the obligor's support obligation will automatically be filed.
- Either party may file a Petition to Modify an existing support Order at any time based on a substantial change in circumstances.
