Frequently Asked Questions about Divorce

The emotional stress of divorce may make you want to minimize confrontation or "sign away" your rights to what is legally yours. Or, you may not know how to value your share of marital assets.

Having a respected attorney at your side communicates to the court and to your spouse that you will not back away or give up your rights.

An attorney will also help you understand all of your rights and entitlements, including your rights to financial assets and future income you may overlook, such as pension earnings.

Will I have to appear in court?

In most cases, Marital Settlement Agreements can be reached without judicial involvement. However, in cases where there is a refusal to agree to fair and equitable division of marital assets, or in which assets are purposely being hidden or withdrawn, there may be a need to go to court.

If that need arises, the Family Law Staff at MHK will prepare you so that you will be comfortable in court.

Am I eligible for alimony?

In cases in which one spouse was financially dependent on the other, various degrees of financial support may be in order. There are two kinds of support possible--Spousal Support and Alimony.

Spousal Support is paid to a financially dependent spouse during the divorce process. Alimony is financial support, either ordered or agreed to, that begins once the divorce is finalized. Many factors influence the eligibility or ineligibility of Spousal Support/Alimony.

More specific information regarding your case will be provided once the details of your case are understood. The ultimate decider in cases of Spousal Support/Alimony will be a Domestic Relations officer at a Support Conference. Your MHK attorney will represent you at the conference.

How can I minimize the impact of divorce on my kids?

Parental Alienation is an unfortunate phenomenon that may occur when parties who have children become separated. One parent is portrayed as the "bad guy"; the child is told that this parent caused the disruption of the family, caused the lack of finances and is the reason for the other parent's unhappiness. This parent is described to the child as the general reason why the child cannot have or do what he or she wants.

This type of information being repeated over and over to a child, coupled with the custodial parent manipulating the child into feeling guilty for having anything to do with the non-custodial parent, is how parental alienation begins. If this type of behavior by a custodial parent is not caught and quickly dealt with, the child is likely to become angry, confused and may begin to act out in school or other social settings.

More information on Parental Alienation is available here.

Who will get custody of our children?

Custody cases are complicated and it is important to find an experienced lawyer to help with your case.

Most custody cases are resolved at a Custody Conciliation Conference, which is an informal meeting between the attorneys retained by the parents and a Conciliator.

The Conciliator is essentially a mediator who will try to produce an amicable outcome and issue his or her recommendation per the terms of your agreement. If the parties are unable to agree, the job of the Conciliator is to review both sides and recommend a custody schedule that he or she feels is in the best interest of the child.

In some cases a Custody Conciliation Conference does not resolve the issues. If this is the case, a Hearing before a Judge will be scheduled.

A variety of evaluations and preparation go into a Custody Hearing. However, the general rule is to arrive at an outcome that is in "the best interest of the child."

Examples of factors that a judge might look at when determining the "best interest of the child" are:

* The emotional, social, moral, material, and educational needs of the child;

* The home environments offered by each party;

* The interpersonal relationship between the child and each parent;

* The preference of the child, if the child is old and mature enough;

* History of domestic violence;

* Safety of the child.

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How much child support will I get?

When married parents divorce or separate, or when only one of the unmarried parents of a child has custody, the court may order the "non-custodial" parent (the parent with whom the child does not live) to pay a certain portion of his or her income as child support.

This is not the only scenario in which child support might arise. Less frequently, when neither parent has custody, the court may order them to pay child support to a third party who cares for their child.

No matter what situation gives rise to the need for child support, it might help to think of the legal right to child support as being possessed by a child (which it technically is), for his or her proper care and upbringing, regardless of who actually receives child support payments. A child's right to receive support cannot be used as a bargaining chip in custody or divorce matters.

Support orders are issued by Domestic Relations, which bases the amount of the support on state support guidelines. These guidelines establish the amount of support that must be paid, based largely on both parties' income and the number of children.

The court will also take into account other relevant factors, such as daycare, mortgage payments, private schooling and any special needs of the children.

Click on the link below to estimate the amount you may be entitled to through a Child Support Order. Please note that this estimator is not a guarantee that you will receive child support or that you will receive the amount shown. This estimator does not calculate spousal support.

Pennsylvania Child Support Estimator

I'm so angry I can't see straight. Can you help with that?

We understand the incredible emotional stresses involved in divorce. Some become deeply saddened and distraught, others become furiously angry, and still others experience all these emotions simultaneously!

While we can't help eliminate the emotional stresses of divorce, we can lighten the load by ensuring that your legal rights, entitlements and financial security are being protected and honored.

You can find many Internet resources for coping with the emotional stress of divorce.

Click here for a good place to start.

My child's father has moved out, does he have to pay child support even if we're not married?

Yes. Because more than half of all marriages end in divorce and almost one-fourth of all children are born to unmarried parents, the regulation of child support is an important social issue.

State child support enforcement agencies are taking an aggressive role in seeking payments from non-custodial parents (parents who don't live with their child). The Domestic Relations section of the judicial system handles the initial meeting between the parties and follows strict guidelines to arrive at an appropriate amount for child support.

Frequently, the parents and Domestic Relations officer will work together to implement a child support withholding order, by which the child support amount is automatically taken from the payer's paycheck.

If the child support payments become delinquent, Domestic Relations can implement other collection mechanisms, such as withholding support amounts from tax refunds, or seizing real estate or personal property, and in some cases, a non-paying parent may be incarcerated until he or she pays their support obligation in full.