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West Chester family law firm

Family matters are always sensitive issues. In the presence of a divorce or separation emotions run high. It is important to have an experienced, understanding divorce lawyer to guide you through the legal process.

The most common and contested family law matters involve the following areas:

The law firm of Madeline H. Lamb in West Chester, Pennsylvania, assists clients in these and all other frequently contested family law matters, including property division, support and custody. Contact me today for legal representation.

Divorce

There are three types of divorce in Pennsylvania.

Consensual no-fault divorce. In this type of divorce, the parties tell the court that the marriage is irretrievably broken and, if both parties agree, they file affidavits stating that they consent to the divorce.

No-fault divorce requiring a two year separation.  Again, the parties indicate that the marriage is irretrievably broken and that they have lived separate and apart for a period of at least two years.

Fault divorce.  Fault does not improve one's economic result, and is only suggested by me when a consensual no-fault or a two year separation no-fault is not possible.  Then, if the client wants to proceed with the divorce, we try to see if there are any fault grounds that can be established.

The lesser earning spouse may ask for the other spouse to pay his/her counsel fees.  Counsel fees are very difficult to get in Chester County and the standard is which of the parties is better able to pay.  Many times, if the equitable distribution award is sufficient, the court may suggest the party may easily pay counsel fees out of that award.

The lesser earning spouse may ask for alimony which is support for a spouse after the divorce.  Alimony is not determined by a standard guideline — as with spousal and child support — but rather on a needs-based analysis.  The court examines the reasonable needs of both parties and their incomes and then ascertains the appropriate amount of alimony, if warranted.  The decision on whether alimony is warranted is based on 17 factors of the divorce code, most of which are financial.  Lastly, the court will determine a term of alimony, that is, how long should alimony be paid.  There are very few guidelines in regard to the length of alimony.  This is something that needs to be discussed with your attorney based on the facts of the case.

When deciding alimony, the courts consider up to 17 factors, most of which pertain to each spouse's finances. These factors include:

  • Each spouse's income
  • Each spouse's earning capacity
  • Each spouse's reasonable needs
  • Assets belonging to each spouse
  • The needs of custodial children
  • Each spouse's contributions to acquired properties
  • Duration of marriage

The law firm of Madeline H. Lamb can advise further on your specific circumstances.

The last thing that can be requested by either party in a divorce action is equitable distribution of marital property.  It is a three-step process.  The court first ascertains what assets were in existence on or about the date of the parties' separation.  Those assets are then valued and, lastly, divided.  The court uses 11 factors to decide what the allocation of the marital assets will be.  There is no presumption of a 50/50 split, although most of the cases fall within parameters that are not that far from a 50/50 split.  The actual division of marital assets is very fact-sensitive, and a lawyer should be able to give you a range of percentages that might apply to you after examining all the facts of the case.  During the equitable distribution portion of the case, it may be necessary to hire or consult with various experts such as forensic accountants.  These can be provided through our office, or you are certainly free to use someone with whom you have worked in the past.

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Child Custody

Determining custody is one of the most difficult aspects of a divorce.  There is never a good custody order.  Any order of custody will mean that both parents' time with the children is limited in some way.  When you file for custody in Chester County, you have to attend a parenting class.  You also must attend one mediation session with the other parent.  You may elect to continue mediation with certain notices given to the court.  If you do not settle the case at mediation, it is scheduled for a conciliation conference which is held before a conciliator who is a lawyer but not a judge.  The conciliator, however, will issue an order which will be approved by the court.  Children are not allowed to come to a conciliation until they are at least 10 years of age and only then if there is an appropriate reason for having the child present.  The conciliator speaks with children alone, not in the presence of lawyers or parents.

My personal goal in custody is to create a schedule that is in the children's best interests.  Regardless of where parents are in their relationship, there is going to be a continuing relationship with the children.  There will be sporting events.  There will be graduations.  There will be weddings.  Both parents should be able to be present at these times and enjoy life events with their children.  Sometimes this goal is impossible to achieve, but it is one that I strive for in every custody case.

If negotiation or mediation cannot produce an agreement on child custody arrangements, the court decides, considering several factors:

  • The child's age
  • The child's gender
  • The child's mental and physical health
  • The child's home, school, community and religious activities
  • The emotional bonds between the parent and the child
  • The parents' mental and physical health
  • The parents' lifestyles
  • The parent's ability to give the child guidance
  • The parent's ability to provide the basic necessities, such as food, shelter, clothing and medical care
  • The willingness of the parent to encourage a healthy, on-going relationship between the child and the other parent
  • Any history of abuse
  • The child's preference, if he or she is over a certain age

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Support

Support may be based on your earnings or your earning capacity.  Once your earnings and earning capacity are established, then support is based on a mathematical calculation taken from a guideline. There are two kinds of support:

Spousal support can be paid to the lesser earning spouse up until the date of the parties' divorce.

Child support is paid to children who are in the primary custody of the other parent or in a 50/50 sharing arrangement to the lesser earning spouse.

There are other things to be considered in support such as health insurance and the continuation of that coverage, the payment of unreimbursed medical bills, the payment of any private or parochial school tuitions, and the payment of any substantial extracurricular activities that are agreed upon by both parties.  Support for either spouse or children is always modifiable given a substantial and continuing change of circumstances.

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Divorce Mediation — A Better Way

The important thing to remember in going through a divorce is that it is better to come to an agreement than to litigate the case.  It is also better to walk away from small differences in your and your spouse’s positions than to continue to litigate it and incur legal fees that threaten to take a large portion of your marital estate.

What is mediation?

Mediation is a voluntary, cooperative process in which the parties work toward resolving their own disputes in a private setting with assistance of a trained and impartial mediator. The mediator serves as a guide to the parties during their negotiation efforts. The mediator guides the parties in communicating effectively, gathering and analyzing information, defining issues, generating alternatives, exploring consequences, and reaching agreements acceptable to both parties. The mediator drafts an agreement that reflects the understanding of the parties. The mediator does not make decisions or create agreements for the parties; the parties are responsible for the terms of their own agreement.

Mediation covers the full spectrum of divorce issues:

  • Support
  • Custody
  • Divorce
  • Alimony
  • Equitable distribution of property
  • Payment of counsel fees
  • Continuance of insurance coverages
  • Prenuptial agreements
  • Enforcement of property agreements
  • Enforcement of court orders
  • Any dispute that relates to a family law matter

What do I need to know before beginning mediation?

While I encourage clients to have legal representation throughout the divorce process, please be aware that I, as your mediator, am not permitted to represent you. But a lawyer can advise you on the process during the course of mediation or at least review the final agreement. You will also need a lawyer to process the final divorce papers, which is a simple thing to do once a property settlement agreement has been signed.

You are not required to bring anything to your first mediation session, and we will discuss any materials and documents you must bring to subsequent meetings.

Since every marriage is different, every divorce is different, and there is no set number of mediation sessions you must attend. It is strictly up to you and your partner. Since you pay as you go, there is no commitment to make an appointment for another meeting. The mediation process is strictly in your and your partner's hands. If I feel that after several meetings there is little progress, I will advise both of you to seek individual lawyers and continue the process with their assistance. Hopefully, you will have not wasted time because we will have developed much of the information that your lawyers will need in order to proceed with the case.

Will my divorce be easier to handle with mediation?

Mediation does not take away any grief or pain that is caused by separation and divorce. It does, however, provide a faster and cheaper way to resolve issues if both parties are committed to the process. The most important benefit of mediation is that both parties have input into the final decisions. Agreements can be sculpted to fit the particular situation of a family rather than having to fit the family problems into some statutory framework.

I may be sentimental, but I also believe that by mediating, the parties, in effect, are able to maintain more of their self esteem because having the power to make these decisions and control the outcome to some extent helps the individual feel a sense of worth and also helps the individual to see his or her partner as more worthy for undertaking the process. Also, as many of my clients have heard me say, the better the parties are able to communicate and work out solutions to problems between themselves, the better chance that the children will be healthier and happier. The family, although not intact, will be able to move more easily and happily through all of the milestones of life, such as graduations, weddings, birthdays, holidays, and all of those events which tend to bring a family together.

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Helping families move forward

At the law firm of Madeline H. Lamb in West Chester, my staff and I counsel individuals and families to resolve their legal issues. Call 610-692-8461 or contact our law firm online to begin resolving your case today.