When it comes to your family, our attorneys at Huckabee, Weiler, & Levengood, P.C., want to empower you so that you can take control. We believe that empowerment begins with education.
Before coming into our office, it can be a good idea to review the questions below to begin learning about the family law process.
How Do Courts Make Child Custody Determinations?
If you and your child's other parent are unable to address child custody matters in a parenting agreement, you may have to go before a family law judge. The best interests of your child will be the sole factor of who will obtain custody rights.
To make a custody ruling, judges will review factors such as:
- A child's preference
- The parties' physical and mental well-being
- The parent-child relationships
- Where the parents reside
- If the child has siblings and where they reside
As our client, we can fight to protect your rights as a parent and present evidence to the judge that demonstrates your capability of caring for your child.
How Are Assets And Debts Divided In A Divorce?
Before determining how assets and debts will be divided, you must first understand marital versus separate property. Assets and debts are separate property if they were acquired prior to the marriage or included in a prenuptial or postnuptial agreement. Any assets and debts that were acquired during the marriage are marital property. This can include cars, bank accounts, inheritances and even retirement plans.
Marital property in Pennsylvania is divided according to equitable distribution laws. This does not mean that assets and debts will be divided equally. Instead, the court will divide assets based on what they believe to be fair in a separation.
Are There Alternatives To Litigating A Divorce?
Divorce proceedings are not cheap. It is no secret that litigating a divorce is expensive. It is also public and can be immensely time-consuming.
Fortunately, you can avoid going before a judge by settling your divorce before a mediator or arbitrator. Mediation gives you a greater say in the outcome while arbitration can be faster and cheaper and still address things such as alimony, property division, child support and custody.