Legal Question in Family Law in Pennsylvania

married 19 yrs, 2 children.. ages 9 and 14, thinking of seperation and divorce.. what will i expect to go thru? pension? assets? custody? one child has diabetes and ciliac.... she is 14.. so he would have to health ins. and also child support? spousal support?

Asked on 11/18/11, 4:16 pm

1 Answer from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

First, just so you know, there is no "legal separation" in PA.

When you file your divorce, you will be able to make claims for child custody, distribution of assets, child/spousal support, alimony, and attorney's fees/court costs, and/or any other related claim. If the other spouse earns more than you and the breakdown of the marriage wasn't your fault, you will likely be entitled to spousal support until a divorce decree is entered. If you are the one how cares for the children the majority of the time, then you will also get spousal support.

If you can agree to the terms of custody, a custody agreement can be entered. If not, you will need to proceed to a trial.

If you are able to reach an agreement regarding distribution of assets, then that agreement can be filed, and if not, then those claims would need to be heard before a divorce master.

I would highly suggest that you retain a lawyer. There are many moving parts to this and there is a lot on the line.

If you are in the central PA area, ie: Lancaster, Dauphin, Berks, Cumberland, York, or Adams counties, and would like to retain a lawyer, please feel free to contact me for a free phone consultation.

Justin C. Gearty Jr., Esquire

Phone: 717-490-6325

Email: [email protected]


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Answered on 11/21/11, 10:48 am

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