Bensalem Family Lawyer

Families are one of the most important things people hold dear. No family is perfect, but we do what we can to protect our family and ensure that our children have everything they need to live well. While separating from your partner may make your family situation more complex, going through a divorce and dealing with everything a divorce entails does not have to be an overwhelming process. 

Family law is a complex area, covering divorce, child support, child custody, and more. Parents aiming to separate from their partners may find it challenging to manage the changes they are sure to experience in many aspects of their life. The way you address each of these issues will impact the final result of your case. This complexity is why working with a highly skilled family law attorney who is sympathetic to your needs is critical.

What Are the Grounds for Divorce in Bensalem?

In legal terms, grounds for divorce are laws that define the circumstances under which a person will be granted a divorce. According to Section 3301 of Pennsylvania law, Pennsylvania grants four types of divorces:

Fault

Fault divorces require the plaintiff to prove in a court of law that they are innocent of wrongdoing and their spouse is the primary cause of their marital problems. Because of the need for a court hearing, this type of divorce is the most time-consuming and expensive.

Institutionalization

If the defendant has been in a mental hospital for at least 18 months either due to insanity or severe mental disorder and is projected to remain there for at least another 18 months, the court can issue a divorce without a hearing or their consent.

Mutual Consent

The court may grant a divorce if it is asserted that the marriage is irretrievably broken, 90 days have passed since the action was filed, and each of the parties has filed an affidavit stating that they consent to the divorce.

Irretrievable Breakdown

When a complaint alleges that a marriage is irretrievably broken and an affidavit affirms this while alleging that the parties have lived separately and apart for at least one year, the court may issue a divorce.

Every type of divorce has different requirements and timelines to be granted. A mutual consent divorce in which both parties agree that the marriage is irreversibly broken is perhaps the most straightforward path to divorce.

How Is Child Custody Determined in Bensalem?

When parents separate, it is understandable that they would both be concerned with how much time they can spend with their children. As a result, custody arrangements constitute a significant aspect of family law and an area where you may benefit from speaking to a family lawyer in Bensalem to ensure you get the arrangement that best suits you and your children.

Pennsylvania has two categories of custody:

• Legal custody: Legal custody refers to the authority to make significant life decisions for a child. Shared legal custody is most commonly awarded, though it is possible to be granted sole legal custody.
• Physical custody: Physical custody refers to the right to have physical possession and control of a child. The court may grant shared physical custody, primary or partial physical custody, sole physical custody, or supervised physical custody. 

The court considers every factor relevant to the child’s care and then makes a custody decision based on their best interests. Factors that impact a child’s safety are given special attention, and the gender of a parent is not taken into account.

Factors the Court Considers When Deciding Custody

There are numerous factors that the court considers when determining a child’s custody arrangement. When awarding custody, the court examines factors related to parental duties, familial relationships, health, safety, and the state of the household. These factors include:

• Ability to care for the child or make childcare arrangements
• Involvement with child protective services
• A party or the party’s household’s history of substance abuse
• A party’s or the party’s household’s mental and physical state
• Willingness to cooperate with the other party
• Ability to meet the physical, emotional, and social needs of the child
• The child’s preference, depending on their reasoning and maturity
• The child’s need for stability in their education, family, and community life

These factors, along with others, have to be considered very carefully to ensure that the child is spending adequate time with a responsible guardian in a household where they can feel safe and comfortable and have their needs met.

What Is Alimony, and Why Is It Awarded?

Alimony, also known as spousal support, aims to mitigate the divorce’s financial consequences. The former spouse may be legally obligated to give a non-earning or low-earning spouse a steady income.

Alimony can be awarded for different reasons, including:

• The spouse may have had to leave the workforce to raise a family, and re-entering the workforce may require time and further schooling
• The spouse is allowed to maintain a standard of living that they could not afford on their own during the marriage

The court can grant alimony after a divorce has been finalized or while the divorce is still in progress. It is not always clear how spousal support will be calculated for those going through a divorce. Consider hiring a Bensalem family attorney who can help you understand alimony.

Get Help Resolving Family Law Disputes From a Bensalem Family Attorney

Resolving Issues related to divorce and child custody can be overwhelming on your own. Dissolving a partnership is a complex process, especially when a child is involved. Both parties are likely to have their own opinions on the best terms to end the marriage, and it can be hard to protect your rights without the knowledge and experience of a skilled Bensalem family lawyer.

At Rubin, Glickman, Steinberg & Gifford, P.C., we are skilled at helping our clients resolve their family law disputes in and out of court. Our team has over 65 years of experience and understands how arduous a legal battle can be and the damaging effect it can have on the relationships between everyone involved. With this in mind, we work carefully to help you protect your rights and fight for your and your family’s best interests. Contact us at (215) 822-7575 to schedule a consultation, or complete our contact form.