Divorce is an incredibly complicated legal matter that determines important financial rights and your rights as a parent. In other words, you don’t want a lawyer who dabbles in divorce. You’re looking for a legal representative who has a wealth of impressive experience successfully handling divorce cases like yours.
The correct answer to this question is probably not. Most Pennsylvania divorces are settled out of court, and unless there is some complication that requires the court’s intervention, your case is likely to do the same. Pittsburgh divorce cases are heard at the Family Law Center.
Most divorces are uncontested, which means that they don’t go to court and that they are based on the marriage being irretrievably broken. Marital misconduct, however, can affect the terms of divorce even in no-fault cases. Pennsylvania does, however, grant divorces that are based on fault, including adultery, cruelty, and abandonment.
Divorce is unpredictable, and even the most amicable cases can become contentious in what feels like the blink of an eye. You’re looking for a lawyer who is committed to representing you throughout the legal process, so pay special attention to their answer to this question.
We’ve already touched on just how unpredictable divorce can be, but skilled divorce attorneys know what to expect heading into each case. This is an excellent place to start and can help you strategize the best path forward.
Divorce cases that drag on tend to cost considerably more than those that are resolved more efficiently. The right divorce lawyer for you will let you know the most effective way to streamline your case without losing sight of your rights.
Knowing the best way to communicate directly with your legal representative can make a big difference in terms of how your case proceeds and in terms of your peace of mind.
Dawn Gull is our formidable Pittsburgh divorce attorney at The Law Offices of Dawn K. Gull, and she will leave no stone unturned in her quest to protect your rights and obtain favorable terms on your behalf. Your case is important, so please don’t delay contacting us online or giving our firm a call at 412-440-5718 today.
]]>Your Wexford child custody case will likely be heard at the Allegheny County Family Court in Pittsburgh. It’s important to know that Pennsylvania courts do not begin with the presumption that either parent will take on the primary custodial role or that physical custody will be split 50/50.
Instead, child custody is always determined on a case-by-case basis, and the children’s best interests always prevail. Keeping the court’s best interest factors in mind is an important aspect of protecting your rights as a parent in your child custody case.
Pennsylvania courts consider how well each parent aligns with the factors that represent the children’s best interests. This makes it important to consider your own parenting in this context.
The court will carefully consider which parent is better able or more willing to ensure the children’s ongoing health, safety, and overall well-being. The degree to which your parenting reflects this focus to date will be taken into careful consideration. Any concerns that relate to abuse or neglect, domestic violence, or continued risk of harm will garner serious attention.
Whenever it’s in the children’s best interest, Pennsylvania courts prefer for both parents to spend a significant amount of time with their children. Effective co-parenting is valued, and this includes supporting your ex’s close relationship with your shared children.
Being an effective parent is about more than simply showing up. Children require care, and each parent’s involvement in providing them with this care is of critical concern to the court. This includes basics like the following:
Don’t wait to consult with a practiced child custody lawyer.
Dawn Gull is our seasoned Wexford child custody attorney at The Law Offices of Dawn K. Gull, and she appreciates the importance of your case and has the experience and legal skill to help make a big difference in its outcome. We are on your side and here to help, so please don’t put off reaching out for more information by contacting us online or giving our firm a call at 412-440-5718 today.
]]>Our experienced Wexford divorce lawyer at The Law Offices of Dawn K. Gull has the legal insight and skill to help.
The benefits of working closely with a dedicated divorce lawyer from the start can be difficult to overstate. These advantages, however, are generally classified in specific categories.
While divorce is many things, one thing that it is not is predictable. A divorcing couple who are on the same page from the very beginning can suddenly lose their way and end up facing a contentious divorce that won’t let up. The bottom line is that you should expect the unexpected and should carefully shield your rights along the way.
You can count on your divorce attorney to strategize an effective and efficient path forward toward a favorable resolution that protects your rights. The peace of mind you experience as a result can prove invaluable.
Divorce is a complicated legal process, and divorce terms in Pennsylvania are interrelated. When coupled with the fact that emotions tend to run extremely high throughout the process, it’s not unusual for those going through divorce to lose focus and clarity. Your knowledgeable divorce lawyer can help in all the following ways:
When both spouses are in agreement regarding the need for a divorce in Pennsylvania, there is a mandatory 90-day waiting period. In reality, however, most cases take considerably longer to finalize. Having skilled legal counsel guiding your case helps to move it along, which can save you money while bolstering your rights.
The only con associated with hiring a divorce lawyer is that it will cost you more upfront. In truth, though, the price is minimal in relation to the benefits, which include protecting your financial rights. Ultimately, having solid legal representation behind you is likely to be a bargain.
Dawn Gull, our accomplished Wexford divorce lawyer at The Law Offices of Dawn K. Gull, dedicates her impressive practice to skillfully advocating for optimal case outcomes, and she’s here for you, too. Learn more by contacting us online or giving our firm a call at 412-440-5718 today.
]]>If any of the following apply to your case, you should bring the legal document in question with you to your first meeting:
If you are the person initiating the case, you should focus on bringing supporting documents.
Your family law lawyer will need to confirm your identity and to communicate with you moving forward. As such, you should bring a government-issued photo ID like your driver’s license or passport and should provide your address and contact info, including your phone numbers and email address.
You’ll also need to provide relevant identifying information regarding your divorcing spouse or your children’s other parent, as well as their last known address. This is in addition to your minor children’s names, SSNs, and birth dates.
Finally, you should bring documentation that establishes your relationship with the other party. This can translate to any combination of your marriage license, your divorce decree, or your children’s birth certificates.
Many family law concerns hinge on financials, including the equitable division of marital property, child support, alimony, and related modifications. This makes it important to bring comprehensive financial documentation, which may be easier to gather and compile early in the process than it will be later, as your case heats up.
Focus on financial records like the following:
In addition to identifying your children, you should bring documentation that may play a role in how your case is resolved. Prime examples include all the following:
Dawn Gull is our trusted Pittsburgh family law attorney at The Law Offices of Dawn K. Gull, and she welcomes the opportunity to skillfully represent you throughout the legal process. The outcome of your case is important, so please don’t delay contacting us online or giving our firm a call at 412-440-5718 today.
]]>Our experienced Pittsburgh divorce attorney at The Law Offices of Dawn K. Gull can help you determine whether separation has taken place in your situation and what your next steps should be.
Most divorces in Pittsburgh and throughout Pennsylvania are no-fault, meaning both spouses agree that the marriage has broken down irretrievably. Pennsylvania does impose a mandatory 90-day waiting period under 23 Pa.C.S. § 3301(c), which begins once the divorce complaint is filed and served on the other spouse before a divorce decree can be issued.
Neither spouse is required to move out or live separately during this time. Couples typically use the 90 days to negotiate the terms of their divorce, including property division, custody, and support, though many need considerably more time to finalize those details.
When only one spouse wants to end the marriage, a one-year separation requirement applies under 23 Pa.C.S. § 3301(d). This is called a non-consented divorce, and it requires you and your spouse to live separately and apart for a full year before the court will grant the divorce.
Importantly, separate and apart does not necessarily mean separate addresses. Pennsylvania courts recognize that spouses sometimes continue living under the same roof while separated. Separation can be established in several ways, including:
Because establishing the official start date of your separation matters for finalizing your divorce, consulting an attorney as early as possible is strongly advisable. Legal guidance is important both for understanding what steps to take and what to avoid after separation has occurred, whether you have taken one of the steps above or one of them has been taken against you.
Fault-based divorce is far less common in Pennsylvania and requires the filing spouse to prove that the other’s misconduct caused the breakdown of the marriage. Grounds include adultery, cruelty, and desertion. There is no separation requirement for fault-based cases, though these divorces typically require a court hearing to present evidence of fault.
It is worth noting that Pennsylvania law actively disfavors fault-based proceedings. Once the grounds for a no-fault divorce have been met, such as living separately and apart as defined under the divorce code for at least one year, the court is required to issue a no-fault divorce decree.
Dawn Gull is our trusted Pittsburgh divorce attorney at The Law Offices of Dawn K. Gull, and she is committed to guiding your case forward toward a resolution that protects your rights and your future. Contact us online or give our firm a call at 412-440-5718 today.
]]>Marital property refers to those assets that belong to both you and your spouse, and the definition is expansive. With very few exceptions, everything that you, your spouse, or the two of you together acquired during your marriage, along with any debts amassed, is considered marital.
The limited exceptions include the following:
The assets that either spouse brought into the marriage generally remain theirs alone. However, any commingling of this separate property with marital property can fracture the dividing line between them. It should also be noted that, when a separate asset grows in value during a marriage, the increase can be classified as marital.
Equitable distribution is designed to fairly distribute the assets that the couple came to own while married. An equitable division can be an equal split, but it won’t necessarily be equal. The State of Pennsylvania considers the larger picture when addressing property division terms, and in the process, the court takes factors like the following into account:
If you and your divorcing spouse can hammer out a mutually acceptable division of marital property, you won’t require the court’s intervention. While keeping your case out of court can be highly motivating, protecting your financial rights is key. Working closely with a trusted divorce lawyer from the outset is always advised.
Dawn Gull at The Law Offices of Dawn K. Gull is our knowledgeable Butler County divorce attorney, and she is committed to skillfully advocating for a division of marital assets that reflects your rights and bolsters your financial future. Learn more about everything we can do to help by contacting us online or calling our firm at 412-440-5718 today.
]]>To file a petition for partial custody under 23 Pa.C.S. § 5325, you must first establish legal standing by showing that at least one of the following applies to your situation:
The circumstances for seeking partial custody are considerably less rigid than they are for primary physical custody which requires proof that your grandchildren’s current situation puts them at risk. Working closely with a seasoned grandparents’ rights lawyer from the start is the best approach to presenting a strong case.
Establishing standing is only the first step. Once you meet one of the criteria above, the court will weigh whether granting partial custody serves your grandchildren’s best interests. Factors the court considers include:
Pennsylvania courts must balance the best interests of the children against the constitutional rights of a fit parent. This is a nuanced standard, and how your case is presented matters. An attorney who understands how Pennsylvania courts weigh these factors can help you put your strongest case forward.
Custody requires a higher threshold; generally, you must demonstrate that your grandchildren’s current living situation puts them at risk, or that you have assumed a parental role in their lives. If the circumstances of your grandchildren’s home raise genuine safety concerns, custody may be the more appropriate path to pursue.
Dawn Gull is our trusted Wexford grandparents’ rights attorney at The Law Offices of Dawn K. Gull. Dawn brings the full depth of her experience and legal insight to every grandparent rights matter she handles, whether the goal is securing partial custody or pursuing primary custody. These cases require careful preparation, and having skilled legal representation on your side makes a meaningful difference. Learn more about everything we can do to help by contacting us online or giving our firm a call at 412-440-5718 today.
]]>There are two primary qualifying factors that determine when PFAs are applicable.
PFAs are reserved for situations in which individuals have what the State of Pennsylvania considers a domestic relationship. These include:
PFAs do not, in other words, apply to strangers, colleagues, or anyone else with whom there is no domestic connection.
When the underlying issue is sexual violence or certain forms of intimidation, judicial procedure extends the legal reach of PFAs.
If the impetus behind the PFA is sexual violence, in any of its many forms, the relationship-limiting parameters between the victim and abuser do not apply. This means that, to obtain a PFA for sexual violence, your abuser needn’t be an intimate partner nor a member of your household or family.
There is also an exception for intimidation that amounts to stalking or harassment when the perpetrator is at least 18 years old, and the victim is not yet 18. In these cases, a domestic relationship or intimate partnership is not required.
There are three basic forms of PFAs in Pennsylvania, and the terms they prohibit contact, harassment, and stalking.
An emergency PFA can be issued at night or on the weekend by a magisterial district judge. These afford protections until the next business day when courts are in session.
Temporary PFAs typically provide protection for up to 10 days, allowing time for a full hearing to be scheduled. Generally, both emergency and temporary PFAs are what’s called ex parte, which means they are granted without notifying the person named and without their presence.
Final PFAs can last up to three years, and they are granted after legal hearings.
Dawn Gull is our compassionate Pennsylvania family law attorney at The Law Offices of Dawn K. Gull, and she has reserves of impressive experience helping clients like you gain the legal protections they need and resolving their related cases favorably. Learn more by contacting us online or calling our firm at 412-440-5718 today.
]]>In a child custody case, both physical and legal custody must be determined. Physical custody sets the parenting time schedule. In contrast, legal custody determines how you and your ex will resolve important parenting decisions about topics like the following:
Physical custody sets the schedule that determines which overnights the children will spend with one parent or the other.
All child custody decisions are based on the involved children’s best interests. Whenever possible, the parents share both legal and physical custody, but not necessarily equally. Spending a significant amount of time with both parents is ideal, but one parent may take on the primary custodial role. Additionally, one parent’s legal and physical custody can be seriously limited if there is a serious reason for doing so.
When Pennsylvania courts are called upon to make child custody decisions, they carefully consider the big picture, and they base their rulings on what’s best for the children. Every case must be evaluated in relation to the unique circumstances that apply, and each of the following best interest factors can play a role:
Protecting your child custody rights is key, and a trusted child custody lawyer has the legal insight and experience to make a difference in how your claim is resolved.
Dawn K. Gull is a dedicated Pennsylvania child custody attorney at The Law Offices of Dawn K. Gull who welcomes the opportunity to help you resolve your case favorably with terms that work well for you and your children. For more information about what we can do to help, please don’t delay contacting us online or calling our firm at 412-440-5718 today.
]]>When Pennsylvania courts make important decisions regarding children, including both physical and legal custody, they are always guided by the children’s best interests. The kinds of best interest factors that are considered in the decision-making process include all the following:
The goal of Pennsylvania courts is always to identify and uphold the children’s best interests. Whenever warranted, this means awarding shared physical and legal custody, which is generally considered beneficial for children, barring a significant reason for ruling otherwise.
Legal custody sets the ground rules for making those big-picture parenting decisions that address matters like the following:
Most competent parents share legal custody. In rare instances, one parent may, have the authority to break a tie, and these decisions can be divided between the parents according to topic.
Physical custody is defined by the number of overnights the children spend with each parent when they share custody. Only if there is a serious reason will one parent be denied time with the children altogether, or will supervision be required.
Often, physical custody is shared, but one parent may take on the primary custodial role. This means having the children for most of their overnight stays.
Dawn K. Gull is a seasoned Pennsylvania child custody attorney at The Law Offices of Dawn K. Gull who appreciates how important your child custody case is and is committed to fiercely advocating for your rights and fair terms. Learn more about what we can do to help by contacting us online or calling our firm at 412-440-5718 today.
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