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    When Should My Spouse and I Consider a No-Fault Divorce?

    Last updated 1 year ago

    For spouses who part on amicable terms, a no-fault divorce in which neither party blames the other for the dissolution of marriage is an increasingly popular legal solution. Though neither spouse deems the other to be at fault, a qualified divorce lawyer should always represent the legal interests of each party. Family lawyer Larry Lefkowitz, Esq. has successfully handled hundreds of no-fault divorces and enabled Philadelphia clients to move on with their lives. Here are three reasons why you should consider a no-fault divorce:

    Institutionalization
    If your spouse has a mental illness and must be confined to an institution, a no-fault divorce may be the best solution. Under these difficult circumstances, a divorce may be granted without a court hearing. The law mandates that your spouse must have been in a mental institution for at least 18 months prior to your divorce filing, and you must not reasonably believe that he or she will be discharged in the 18 months after filing.

    Mutual Consent
    Do you and your spouse agree that your marriage is irretrievably broken? In a no-fault divorce, each party must file an affidavit giving legal consent to the divorce. After a 90-day waiting period, a judge will grant your divorce without a court hearing. If only one party insists that his or her commitment to the marriage has ended, that individual may still initiate no-fault divorce proceedings, citing an irretrievable breakdown of the marriage. Because a unilateral no-fault divorce may be contested, you should retain a qualified family lawyer to handle your case.

    Irretrievable Breakdown
    If both spouses believe that the marriage cannot be fixed and you have lived separately for at least two years, you may file a joint complaint to the court deeming the marriage to be “irretrievably broken,” or unfixable.

    To learn more about your legal rights in a no-fault divorce or to ask about other family law services, contact attorney Larry Lefkowitz, Esq. at (215) 750-9202 today. Our Philadelphia office is convenient to Bensalem, Levittown, Yardley, Newtown, and Southampton.

    Understanding the Legalities of Divorce

    Last updated 1 year ago

    If you or a loved one is facing a divorce, it’s important to educate yourself about what the procedure entails. You can get informed about your legal rights by watching this video on the basics of divorce.

    A divorce, or dissolution of marriage, is a legal order issued by the court saying that a marriage no longer exists. Spouses who decide to divorce begin by filing papers with their state court, and most divorces are finalized with a divorce agreement rather than a trial. This agreement divides up property, money, and debt, and arranges for any child custody division or spousal support. When finalized by both parties’ attorneys, the court issues a divorce decree.

    Larry Lefkowitz, Esq. provides family law services to Bensalem, Levittown, Yardley, Newtown, and Southampton. Call (215) 750-9202 to speak to a qualified divorce attorney today!

    Separating Property and Assets in a Disputed Divorce

    Last updated 1 year ago

    If you are going through a divorce, you already know what a difficult and emotional experience it can be. If you and your spouse are unable to reach a settlement, your first step should always be to contact an experienced divorce lawyer who is familiar with court proceedings and family law in your state. Here are answers to three common questions about how property and assets are divided in a disputed divorce according to Pennsylvania law.

    What is the Law in Pennsylvania?
    Pennsylvania is known as an "equitable distribution" state. This means that when two parties are unable to reach a settlement in a divorce, the court divides the assets between both spouses equitably. First, the court will go through a discovery process to classify which property and debt qualifies as “marital.” Next, it will assign a monetary value to all marital property. Finally, the assets and property will be equitably distributed between the spouses. Remember that equitable does not necessarily mean equal, but rather what the law determines to be fair.

    How is Marital Property Distinguished from Non-Marital Property?
    Marital property generally includes all earnings over the course of a marriage, everything acquired with those earnings, and all debts incurred during a marriage. Non-marital property includes each spouse’s inheritance and personal gifts, property purchased with only one spouse’s funds, and a business owned by one spouse that was purchased before the marriage. Of course, if the other spouse contributed time and resources during the course of the marriage, it may be considered marital property.

    How Are Assets Separated?
    During the divorce process, each spouse may feel that he or she is entitled to certain property. Only a qualified divorce lawyer can make sure that you are awarded the assets you deserve.

    If you are going through a divorce, you deserve an experienced family law attorney who knows the Pennsylvania court system. Larry Lefkowitz, Esq. has more than 20 years of experience handling family matters—including divorce, adoption, child custody, and child support—in Philadelphia, Bensalem, Levittown, and Yardley. Call Larry the Lawyer at (215) 750-9202 to discuss your case today.

    Click on These Links to Find More Family Law and Child Adoption Information

    Last updated 1 year ago

    Have you found our recent blogs about adoption and family law helpful? The following links will provide even more useful information.

    To learn more about adoption, divorce, child custody, or any other family law issue, call Larry Lefkowitz Esq. at (215) 750-9202. We offer a free initial consultation and have been helping clients in the Bensalem area for more than 20 years.

    Disclaimer: 
    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    What Services Can a Family Law Attorney Offer Me?

    Last updated 1 year ago

    Family law is a broad field of law, and attempting to undertake a family law matter on your own can be complicated and, in most cases, unsuccessful. Fortunately, a family law attorney can offer a variety of services. Continue reading to learn more about common issues handled by family lawyers.

    Divorce
    Divorce is the legal process of dissolving a marriage, and it can be based on fault and no-fault grounds. A family lawyer can explain the differences between the types of divorce, help you determine what is best for your situation, and begin the process by filing the necessary paperwork.

    Child Custody
    There are two types of custody: physical and legal. Physical custody is the actual possession and control of a child while legal custody refers to the right to make major decisions about the child’s life. Depending on your family’s needs, you may be able to seek, sole, shared, partial, and supervised physical custody and either sole or shared legal custody.

    Child Support
    Child support is calculated pursuant to the Pennsylvania Support Guideline. Support is based on the idea that children of separated or divorced parents are entitled to the same proportion of parental incomes as if the parents were still together. If you disagree with the court order, you may be able to file an appeal. If your circumstances change at a later date, you may also be able to file a request for modification or termination.

    Adoption
    The Pennsylvania Department of Public Welfare works to ensure that every child receives placement in a loving and safe home by working with the Statewide Adoption Permanency Network and the Pennsylvania Adoption Exchange. Adoption can be a complicated process, and an experienced family lawyer will help guide you through this process as smoothly as possible.

    If you are dealing with any of these issues, contact an experienced Pennsylvania family lawyer. Larry Lefkowitz Esq. focuses on all family law matters and takes a unique approach to practicing law. You can expect that he will not bill for telephone time, will work with you to create an installment plan, and will meet for evening and weekend appointments. Call (215) 750-9202 for a free initial consultation.

    Disclaimer: 
    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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