Close up on a man and woman's hands as they remove their wedding bands

Divorce and Separation Agreements in Pennsylvania

Divorce is a difficult process for all parties involved and can often illicit strong emotions. At Cornerstone Law Firm, our attorneys see divorce differently than many firms, and we seek to help you analyze whether there is a way to keep your family together, even in situations that seem hopeless. Should you find yourself still wanting a divorce, there is important information to keep in mind.

Do I need a divorce attorney?

First and foremost, you may ask yourself whether or not you need a divorce attorney. There are several benefits to hiring a divorce attorney.

A divorce attorney can help you properly file and finalize your divorce.—Pennsylvania’s divorce process involves many steps, and it can be easy to overlook certain ones when you are in the midst of an emotional time. An experienced family law attorney who is familiar with divorce proceedings can make sure your divorce is processed and finalized correctly.
A divorce attorney can properly mediate and retitle assets.—Even meager assets must be properly retitled to avoid further disputes down the line. Having a divorce attorney step in and mediate this for you can ensure you don’t have to drag out proceedings any longer than necessary.
A divorce attorney can draw up new estate planning documents.—After you are divorced, you may wish to redistribute what you are leaving behind in a will and who will act on your behalf should you need a power of attorney. An experienced attorney can help you to draw up new wills, POAs, and other estate planning documents.
A divorce attorney can write or modify a custody agreement.—Attorneys can help you to write a clear custody agreement, in contract form, so that both parties know what to expect. By doing this, you can avoid future disputes. Attorneys can also help you to modify existing custody agreements to better reflect a change in circumstances.

Terms to Know

Alimony: financial support given by one spouse to the other after a decree of divorce for the support and maintenance of the other party

Alimony pendente lite (also known as APL): a form of spousal support that is paid before the divorce is finalized; it can start from the time a complaint is filed and be paid until the divorce decree is issued

Fault vs. No-Fault Divorce

There are two types of divorce in Pennsylvania: fault divorce and no-fault divorce. Both require certain criteria to be met in order to file for the divorce, and both carry consequences after filing.

Fault Divorce

Fault divorce is a divorce in which one spouse alleges the other is responsible for the breakdown of the marriage. The alleging spouse must prove that the accused spouse is actually responsible. In order to file a fault divorce, one of the following must have occurred:

Adultery
Bigamy
imprisonment for two or more years
domestic violence
willful abandonment without reasonable cause for at least one year

Fault divorce can often be a lengthier process and may require more time in court. Some other consequences of fault divorce include:

How your property is divided—The court may divide property unevenly in favor of the alleging spouse if they are proved to be innocent.
How much alimony is required—Like the division of property, courts may favor the innocent spouse and consider the grounds for the divorce in deciding how much and how long the innocent spouse receives financial support.
How public your divorce becomes—Fault divorces are made public and can potentially damage both spouses’ reputations.

No-Fault Divorce

A no-fault divorce is a divorce in which both parties consent to the dissolution of the marriage. Instead of one spouse proving the other is at fault, both parties must demonstrate that the marriage is irretrievably broken and beyond reconciliation. No-fault divorce can be obtained either by the consent of both parties or after a 90-day waiting period in which one spouse files for divorce and the other does not object.

The consequences of a no-fault divorce vary on a case-by-case basis, but some of them include:

How your property is divided—In Pennsylvania, the court will divide property based on the equitable distribution laws. Factors such as the length of the marriage and each spouse’s financial resources will be weighed in the division.
How much alimony is required—The same factors from property distribution may come into play if the court decides to award one spouse alimony.
How public your divorce becomes—Unlike fault divorce, no-fault divorce is private and can protect both spouses’ reputations.

Mediation vs. Court Proceedings

Depending on the type of divorce you are filing and the details that need to be worked out in your divorce, you may find that mediation is a better alternative to court proceedings. Mediation is a way to resolve disputes, establish custody, and divide assets without taking your case in front of a judge. A neutral third party is hired (often a retired judge or attorney) who helps each party reach a resolution. Court proceedings, on the other hand, involve taking your case before a judge and having that judge make the final decision.

Mediation		Court Proceedings
Pros	Cons	Pros	Cons
Mediation tends to be faster than court proceedings, and resolutions can be reached within a few weeks or months. Parties have more control over the outcome as they are directly negotiating. Unlike court proceedings, mediation is private and there will not be a public record of it. Mediation can be less stressful and less expensive than court proceedings.	Unlike court proceedings, there is no guarantee that an agreement will be reached. Mediators do not have the authority to make binding decisions the way a judge does, so agreements still have to be court approved. One party may have more bargaining power and this may result in an unfair agreement.	Judges have the authority to make binding decisions, so there is more certainty about reaching a resolution. Court proceedings allow each party to have their rights protected and their case heard. Court proceedings have a public record, providing greater accountability.	Court proceedings can take longer than mediations, lasting several months or sometimes years. It can be expensive to litigate a case in court. Parties often find court proceedings to be more stressful than mediation. Judges make the final decisions on court proceedings, so parties have limited control over the outcome.

The above chart is meant to give an idea about general pros and cons for mediation and court proceedings. There is no one-size-fits-all solution when it comes to divorce. An experienced family law attorney can help you determine which option is best for your case.

A divorce attorney conducting mediation with a couple

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements seek to accomplish essentially the same goal. They are a contract between either prospective or married spouses that spells out terms and conditions for finances, property, and other assets in the event of a divorce or separation.

The biggest difference between them is the time at which they are executed. Prenuptial agreements, also known as pre-marital agreements, are formed prior to entering into a marriage. Postnuptial agreements, or post-marital agreements, are formed after a couple has married.

While these are not a requirement for marriage, they can provide helpful protections in the event of a divorce. An experienced attorney, like the ones at Cornerstone Law Firm, can help you to draft a fair and reasonable pre or postnuptial agreement, and can see that it is enforced should a divorce or separation take place.

Don’t go through your divorce alone. Contact Cornerstone Law Firm for help with mediation, court proceedings, and any other matters related to your divorce.

Separation Agreements

In some cases, a couple may not wish to begin divorce proceedings but may wish to spend time apart. Pennsylvania does not require any formal processes to be separated from your spouse. You can, however, get a separation agreement (a type of postnuptial agreement) to establish responsibilities for the parties involved.

Separate and Apart

Section 3103 of the Pennsylvania Divorce Code defines separate and apart as a “cessation of cohabitation.” This refers to stopping the marriage. A couple may still live under the same roof and be considered separate and apart. Instead of sharing bedrooms, co-hosting guests, eating together, and engaging in sexual relations, the couple will live more like roommates, leading separate lives from each other.

What Should a Separation Agreement Cover?

A separation agreement is a type of civil contract. Because Pennsylvania does not have a formal process, a couple must enter into a separation agreement voluntarily for it to take effect. It cannot be forced or coerced, and it cannot be obtained through a court order.

When establishing a separation agreement, you should consider the following:

Division of Property—Similar to a divorce negotiation, you and your spouse need to determine who will stay in the marital home and who, if anyone, will move. If one party does move, you and your spouse should decide if the moving spouse will still pay for part of the mortgage or property upkeep.
Care for Minor Children—It’s a good idea to establish custody and visitation for minor children if either you or your spouse is moving out of the martial home during your separation. Pennsylvania courts tend to encourage joint custody so both parents can stay involved. You should also consider including information about how much each parent will contribute financially and whether or not child support will be needed.
Spousal Support—Pennsylvania allows spouses who earn less to collect Alimony Pendente Lite (APL) if divorce proceedings have not started yet. You can collect APL for as long as your separation agreement is in place. If divorce proceedings begin, APL will stop and you can look into collecting alimony.
Other Considerations—You will also need to consider other matters when establishing a separation agreement. Who will add a dependent tax deduction for minor children? Does a separation agreement impact health insurance coverage? Are there other outstanding loans or debts that need to be addressed? A family law attorney can review your situation and help you address all relevant concerns in your separation agreement.

Why People use Separation Agreements

Separation agreements can be beneficial in a variety of ways. Some couples see separation as a time to cool off and reflect on their relationship. They may be able to come together after time away and reconcile their marriage. Other couples use it as a means of easing into divorce proceedings.

While divorce marks the legal end of a marriage, a separation agreement does not. By staying legally married, you may still be able to benefit from a spouse’s health insurance. There are other financial considerations that may make maintaining a legal marriage more beneficial than filing for divorce as well.

Uncontested divorces (divorces where both parties consent) typically require a 90-day waiting period until they take effect. Contested divorces, however, require couples to remain separated for 1 year in order to establish grounds for a no-fault divorce. Separation agreements can help a couple maintain status quo during this time.

Consult an attorney for help with your separation agreement.

Although you do not technically need a formal document to separate from your spouse, it can be helpful to have one in place. Separation agreements can help to establish when your separate and apart period began, and they can allow you to file a lawsuit for breach of contract if your spouse fails to uphold the agreement. It’s important to consult with an experienced family law attorney to ensure your separation agreement is enforceable in court. Let Cornerstone Law Firm help protect your rights and financial interests with your separation agreement so that you can focus on what really matters—your family.

Custody

Along with divorce, deciding and finalizing custody of your children can be another difficult process. Ultimately, the goal should be determining what is in your child’s best interest. There’s not always an easy solution, and compromising may feel like a loss, but it is vital to protect your child’s sense of safety and belonging.

Physical vs. Legal Custody

There are two forms of custody to take into account. Physical custody is the actual, physical care and supervision of the child. Parents who have physical custody must provide care, establish routines, and provide for day-to-day needs. Legal custody is the right to make decisions on behalf of the child, such as those related to education, health care, and religion. In joint custody arrangements, both parents share physical and legal custody.

Improving Custody Outcomes

It may never feel like you’ve “won” when it comes to custody arrangements. There are, however, some ways to improve the outcome of your custody case. They include:

Establishing healthy communication with your co-parent—Healthy communication may look different for each set of co-parents. One good way to keep communication amicable and clear is to stick to written communication. Writing will slow you down and help you to maintain a thoughtful and informative tone to avoid conflicts. It can also provide you with a record that you can show a judge in the event of a communication breakdown.
Keeping your expectations realistic—It’s important to go into a custody arrangement with an understanding of what the worst-case and best-case scenarios may be for your case. An attorney can keep you informed of the variety of outcomes you can expect, and this can alleviate some of the stresses involved in determining custody.
Treating your co-parent with class—This may be one of the hardest aspects of working out custody. Heightened emotions can lead to poor decisions both in and out of the court room, but it is important to maintain civility in the midst of your case. People who behave well in custody cases look better to judges, maintain better relationships with their children, and establish healthier relationships with their co-parent.

Ask for Help

Custody is a difficult and distressing process for anyone. Hiring an experienced family law attorney from Cornerstone can ease some of the burden you may be feeling during your case. An attorney can keep you informed of your rights, provide counsel on how best to communicate with other parties involved, and can fight to get you and your children the best outcome possible. Call Cornerstone Law Firm today!

Additional Resources: In some cases, divorcees want to establish who gets custody of the family pet(s). If you’d like to read more about that, check out our blog post on working out pet custody.

Child Support

When it comes to claiming child support, many parents feel overwhelmed. The process can feel intimidating, and sometimes threats from the other party add to the fear of moving forward. At Cornerstone Law Firm, our family law attorneys are here to help you navigate the process. Here are a few things to keep in mind in the process of pursuing child support.

First, the duty of support is an absolute duty of both parents. Child support is intended to cover basic expenses of the child or children, including, but not limited to, nutrition, shelter, child-care expenses, and medical expenses. The amount of support is calculated based on the relative income of the parties. The cost of health insurance premiums for the children will be allocated between the parties.

In Pennsylvania, each parent is financial responsible for a portion of the amount listed in the Statewide Child Support Schedule found in Pa.R.C.P 1910.16-3. A family law attorney at Cornerstone Law firm will help you consider whether an upward or downward deviation would be appropriate in your case.

At the initial support conciliation, there are three courses of action available. The parties can 1. Reach an agreement, 2. Accept the PA state guideline amount, or 3. Request a hearing for deviation from the guideline amount. Support Orders are modifiable and should be reviewed every three to four years, or earlier, if time there is a change in employment that affects ones ability to pay support.

The “best interests of the child” are always the key

You’ll hear this phrase throughout the process of both custody and child support, but the Berks County Court of Common Pleas will ultimately seek what is “in the best interests of the child” in making a final determination. The Court is challenged under Pennsylvania law with determining this, and the factors the Court can use in making this decision are broad. It is strongly recommended to have a good attorney help you in navigating this process.

Child support can’t be “waived” by agreement

It is not uncommon to hear from clients that they’ve made an agreement not to pursue child support, sometimes in exchange for something else. Perhaps you agreed to forgo child support if the other party agreed to let you keep a car, or something like that. But these agreements are generally unenforceable under Pennsylvania law.

If you’re seeking child support in Berks County, it is vital to have a good family law attorney on your side. Call Cornerstone Law Firm today to speak with one of our attorneys to learn what your rights are in the custody and child support processes.

A Cornerstone attorney having a serious discussion with a Cornerstone paralegal

Divorce can be a complex and emotional process to endure. Cornerstone Law Firm is here to help. Give us a call for assistance with your mediation, child support, custody agreements, and anything else related to your divorce.

Call us today! 610-926-7875