Family Law Attorney in Fleetwood & Topton, PA

Residency Requirements

One or both spouses must have lived in Pennsylvania for at least six months before filing for divorce. Divorce paperwork must be filed in the county where one or both spouses reside.

Grounds for Divorce

Pennsylvania is both a no-fault and fault-based divorce state. You can simply cite that the marriage is irretrievably broken (commonly called irreconcilable differences), or you can state a specific ground such as desertion, adultery, cruel and barbarous treatment, still married to a previous spouse, or incarceration.

Dividing Property

The Keystone State follows equitable division guidelines. Only marital assets will be divided, and the court decides what is fair – not necessarily equal – based on certain considerations.

Uncontested Divorce

An uncontested divorce, on the other hand, is one in which the spouses agree on all the terms of their divorce. This method of divorce is often preferred since it is typically far less time-consuming and stressful. Parties maintain control of the decisions being made, rather than allowing a judge to decide.

When you want a results-driven personal approach to your family law needs, contact The Law Office of Nikolas D. Capitano, The Leges Group by phone (610) 200-6665 or online.

Child Custody

Depending on the spouses and the elements of the divorce, child custody can be a simple matter or quite contentious. We can help you no matter where on the spectrum your situation lies, whether in out-of-court mediations or before a judge.

Pennsylvania law allows for the following custody awards:

When determining custody, the courts will look at many factors including the child’s stability in school, family, and community life and each parent’s role in their day-to-day care. Child custody is considered permanent but can be legally modified should circumstances dictate. Once the courts have approved an agreement or issued one, the agreements are enforceable. Noncompliance can lead to a charge of contempt, carrying the possibility of both jail and fines.

Alimony

The general premise of alimony is to help the spouse with less income or earning potential get back on their feet. Pennsylvania has three types of alimony: spousal support, alimony pendente lite, and alimony. Not all spouses qualify for support. The court has discretion whether to issue a support order. The Law Office of Nikolas D. Capitano, The Leges Group LLC will ensure your alimony rights are represented and your voice is heard.

Spousal support is paid after a separation but before divorce is filed. Alimony pendente lite is paid during the divorce process. Alimony is paid after the divorce is finalized. The earnings (current and future potential) of both spouses, the length of the marriage, and the standard of living established during the marriage are all factors that are considered when determining alimony.

Protection Orders

An unfortunate truth is that some family dynamics include violence. If you are the victim of domestic violence, Attorney Capitano can provide compassionate and aggressive representation toward obtaining a Protection from Abuse Order. The order is designed to protect you from physical, mental, and emotional abuse from a member of your family or household.

The order is more than a piece of paper. Those violating an order can be charged with a misdemeanor that goes on their criminal record. Jail sentences and fines are possible.

Whenever you feel you are in immediate danger, you should call 9-1-1. Do not take risks with your safety.

Mediation

Conflicts within a family are often emotional and intense for all parties. In these highly charged situations, mediation can deescalate tempers to bring a more peaceful resolution. Mediation can be used to help settle matters in divorce, alimony, child support, and more.

The Law Office of Nikolas D. Capitano, The Leges Group LLC provides skilled mediation whether it is one-on-one sessions to privately discuss key issues, or joint sessions with all parties present, or a combination of both. No matter the type of mediation, we will aim to create a controlled, collaborative environment in which to settle differences.

Premarital Planning and Premarital (Prenuptial) Agreements

Since prenuptial agreements (aka premarital agreements) are binding and enforceable in Pennsylvania, it is vital that you fully understand what you are signing and that you have an attorney looking out for your best interests during the agreement’s creation. These premarital agreements are binding and typically can only be voided if one party didn’t provide a fair and reasonable disclosure of their financial situation or if one party signed the agreement under duress.

Prenuptial agreements can make divorce, should that happen, go more smoothly because who gets the house or cars, for example, has already been decided. Typically thought to be for the ultra-wealthy and Hollywood celebrities, these agreements are often created when one person has more wealth than another, have children from a previous relationship, or have been married in the past, but a well-written agreement can be beneficial for all spouses regardless of financial standing.

The Law Office of Nikolas D. Capitano, The Leges Group LLC can help you identify and protect your financial and emotional well-being through premarital planning and finalizing an agreement.