FAQ
Information Center - Frequently Asked Questions
Divorce
Support
Custody
Grandparent Visitation
Protection from Abuse
Divorce
What are grounds for divorce in Pennsylvania?
- Mutual Consent. This is where both parties agree to a divorce and 90 days have passed from the time of filing for divorce.
- Irretrievable Breakdown. This is where one party may not consent to the divorce, but the parties have lived separate and apart for at least 2 years.
- Fault. A court will grant a divorce to the innocent and injured spouse when the other spouse has done one of the following: Committed adultery, deserted the innocent spouse without reasonable cause for at least 1 year, entered into a bigamous marriage, has been sentenced to imprisonment for 2 or more years, treated the innocent spouse in a cruel and barbarous way, or has offered such indignities to render the condition of the spouse intolerable.
Support
What is the difference between alimony pendente lite, spousal support, and alimony?
- Alimony Pendente Lite is financial support granted while the divorce proceedings are pending. Once a divorce decree is entered, alimony pendente lite terminates.
- Spousal Support is financial support that is required when the parties are married, whether or not they are living together, and the requesting party is unable to meet his or her own needs. Spousal Support terminates when the parties divorce.
- Alimony is an award to a spouse that begins after the divorce is finalized. Alimony terminates if the person receiving alimony enters into cohabitation with a non-family member of the opposite sex, or if that person remarries, or by agreement, or if either party dies.
Can a support order be modified?
- Yes. Orders for support are not final and are subject to review. A support order may be modified if there are material and substantial changes in circumstances regarding: employment, changes in income, inflation, children growing older, retirement or illness.
Custody
What are the types of custody?
- Legal Custody. This consists of the legal right to make decisions for a child regarding things such as medical treatment, religious upbringing and education.
- Physical Custody. This is the actual physical possession and control of the child.
- Shared Custody / Joint Legal Custody. This is when both parents have custody of the child as to assure the child has frequent and continuing contact with both parents.
Grandparent Visitation
When may a grandparent request visitation or custody?
A grandparent may petition the court for visitation or custody if:
- The parent of the child is deceased. The deceased parent must be the son or daughter of the grandparent.
- When the child's parents are divorced or have been separated for at least 6 months. Or,
- The child at some point resided with the grandparent for 12 months or more.
The court will grant visitation or custody when it is in the best interests of the child and there is no interference with the parent-child relationship.
Protection from Abuse
What is abuse?
- Attempting to cause or causing physical injury, placing another in fear of bodily harm, stalking, false imprisonment, and sexual assault.
Who is eligible to obtain a Protection From Abuse Order?
- A current or former spouse, parent, child, a current of former sexual partner, including same sex partners, or others related by blood.
What can an emergency order include?
- It can order the defendant to stop abusing, harassing, stalking, threatening you
- To leave a residence if it is jointly owned or leased by the plaintiff & defendant.
- To not have any conflict with you or your children.
Contact The Law Offices of Sam Dalton today!
The Law Offices of Sam Dalton
1528 Walnut Street
Suite 2005
Philadelphia, PA 19102
Telephone: 215-268-6174 | Toll Free: 877-822-1158 | Fax: 215-563-1021
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