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Common Divorce Questions

Wilkes-Barre, PA Family Law & Divorce Lawyers

What Can I do to get ready for a Divorce?

In preparing for divorce, it is important to take the time to review your spending habits. Though you may not like it, you will have to make changes.  Gather your banking records, receipts, checkbook registers, etc. and prepare a summary or chart of your monthly spending. This will help you identify your financial needs to cover monthly expenses for necessities. It will also help you identify those expenses that you can cut should you need to make adjustments in the future. Return to Top

My Spouse Moved Out of our house. Can I change the locks?

Yes, but you may not be able to keep your spouse out. If you and your spouse own your home together (both of you are named owners on the deed) you both have the legal right to be at and live in the home. So, even if you change the locks, your spouse has the legal right to come back whenever he or she desires unless there is an Order of Court excluding him/her. If, on the other hand, you alone own the house, then you may be able to change the locks and keep your spouse out. If you have questions about your home, call us. We can help answer your questions. 
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Divorce & Health Insurance:

During a divorce action, a spouse who has provided health insurance coverage for his or her spouse is obligated to continue providing that coverage. Health insurance coverage for a spouse cannot be terminated until a decree or order declaring a divorce has been signed and filed of record with the Court. Return to Top

Does anyone really "Win" in a high-conflict divorce?

All too often, the answer is no. Spouse/Parent motivated by strong emotions in divorce and custody actions often feel unresolved at the end of the process.

Few clients report satisfaction with the outcome of a high-conflict, emotionally charged divorce or custody action. If a spouse/parent declares "war" against the other, it becomes very difficult for the parties to keep a realistic perspective on the divorce/custody process and it can be easy to look to the court system for revenge. Such types of cases can drag on for years, be extremely costly (financially and emotionally) and always devastating for the children involved. If you are considering divorce, choose an attorney who can be a wise counselor and who can help you reach a sensible, practical, fair solution instead of someone who tells you they will be your gladiator. Neither spouse/parent wins when war is declared.  Be smart. Be practical. Be sensible. Return to Top

Do I need to worry about social media posts that are "private"

Beware of what you post on social media websites, even if you post to a "private" profile or page. In a decision handed down last month, a Monroe County Judge granted a defendant's request to access a plaintiff's private social media pages without any showing that the content may be relevant to issues in the case. Other Pennsylvania Common Pleas Courts have at least applied a "public threshold" test before granting access to private pages. The "public threshold" test required a showing that posts on a users public pages indicated that discovery of private content was warranted. In the most recent case from Monroe County, however, the Judge simply concluded that individuals who used social media sites had waived any expectation of privacy in their online posts. Most commentators believe this issue is headed for review by the appellate courts in Pennsylvania. In the meantime, be aware that even private social media posts may be accessible by adverse parties in litigation. Return to Top

Remember you may not love or like your child's other parent, but your child does!

If you and your child(ren)'s other parent are separated, divorced or broken up and you no longer love that other parent (or maybe do not even like that other parent), keep in mind that your child(ren) does/do! Hard as it may be, do not speak badly about that other parent to or around your child(ren). It is hurtful to the child(ren) and perhaps may negatively impact your relationship with the child(ren). Return to Top

If my spouse was unfaithful during our marriage and I file for divorce, do I get a greater award of our marital assets because he or she was unfaithful?

PA law says no. Marital misconduct such as infidelity or abuse is not relevant to the division of marital property. Misconduct (e.g. gambling) may only be relevant if it involves wasting of marital assets. 

Marital misconduct may, however, be considered in a claim for alimony where the award or denial of alimony can be a penalty for bad conduct! Return to Top

PA Superior Court finally interprets 23 Pa.C.S. Section 2313(a)

23 PA.C.S. SECTION 2313 (a) directs that the orphan's court shall appoint counsel to represent a child in an involuntary termination proceeding when the proceeding is being contested by one or both of the parents. Until now, there was no caselaw to address whether this statute mandates the appointment of legal counsel for a child who has been appointed a guardian ad litem, who is an attorney.  In the Interest of K.M., 2012 PA. Super. 160 (August 6, 2012), the PA Superior Court interpreted Section 2313(a) and held that Section 2313 (a) does not mandate the appointment of legal counsel for a child who has been appointed a guardian ad litem, who is an attorney. To do so, according to the Court would be superfluous. Instead, the Superior Court held that the legislature considered that the term guardian ad litem is broad enough to allow for the appointment of a person other than a lawyer and, therefore, provided for the appointment of legal counsel to represent the child's legal interest when the guardian ad litem was a non-lawyer.  Further, the Court found no preclusion in the statute for an attorney serving as both the guardian ad litem and legal counsel.   See, In the Interest of K.M., 2012 PA. Super. 160 (August 6, 2012). Return to Top

Do Parents Need Lawyers in Dependency Proceedings?

Unequivocally, YES.
The potential consequences of a dependency proceeding are life changing for all involved. Children may be removed from their home. The parent-child relationship could be severed. Your fundamental right to parent your child is at stake. The action is one where it is State vs. Parent. Clearly, there is an imbalance of power. Empower yourself. Engage legal counsel immediately. Know your rights. Work to keep your family together.  If you are facing a dependency proceeding and have questions, please call us to find out more about how we may be able to help you. Return to Top

Divorce: What's In and What's Out of the Marital Estate

In Pennsylvania, the timing rather than the title of an asset controls what is martial property. Marital property is all property acquired by either spouse during the marriage as well as the increase in value of certain other property. The Courts presume that any property acquired by either spouse from the date of marriage through the date of separation is marital property and subject to equitable (not equal) distribution between the spouses, unless, that is, that you can prove otherwise. This is so for real estate and personal property. Know your rights and interests in the property of the marriage and of your spouse. If you have questions about divorce and interests in property, call us. We can help solve your legal problems and empower you with the knowledge you need going forward in a divorce action. Return to Top

Family Law Common Questions

 

Divorce Problem? We can Solve It.

Angela F. Stevens, Attorney at Law is a full-service law firm with offices serving the Wilkes-Barre, Kingston and all of the Wyoming Valley including Luzerne, Lackawanna, Wyoming and surrounding cities. We are available Monday through Friday from 8:00 a.m. to 5:00 p.m. and evenings and weekends by appointment. Feel free to call us toll free at 1-844-PA-SOLVE (1-844-727-6583), 570-718-4900 or contact us online to tell us about how we can help with your questions regarding divorce or family law.