Frequently Asked Questions

Below are some frequently asked questions.  If you have additional concerns, please call 484-322-5616 or use the contact form anytime.

Please click on any question to view the answer.

General

You can fill out the Contact Us form on this website, or call our office. Once we run a conflict check, we will be happy to speak to you for a 15 minute complimentary screening consultation so you can determine if we are a good fit for you. At the conclusion of that call, if you choose, we can schedule a consultation in our office (or by Zoom if an office meeting is impossible for you), which will be billed at our typical hourly rate.

Depending on the circumstances, there may be a process by which you can have the Court’s decision reviewed. If the decision was made by a Judge, you may have the right to appeal to an appellate court or ask the Judge to reconsider his or her decision. If the decision was made by a Master or Hearing Officer, you may have the right to ask a Judge to review the decision. There are often strict deadlines for these types of situations, so it is important that you contact us right away.

Typically, no. The Rules of Ethics that govern attorneys prohibit us from representing both sides in a most family law disputes. However, it may be possible for only one party to have an attorney (the other side would be representing him or herself).

We would recommend that you consult with an attorney as soon as possible so that we can review the document and determine your best next steps. You should never ignore a legal document such as a divorce complaint as doing so could potentially result in losing valuable rights.

Typically, no. In Pennsylvania, assets are divided without regard to marital fault, so the Court will not consider whether either party had an affair in determining how to divide assets. However, “marital misconduct” is one of the factors for alimony, so the Court can hear evidence of an affair in determining whether to award alimony.

Law Office of Christina M. DeMatteo, Lawyers: Christina M. DeMatteo, Lydia Terrill, Jennifer Knighton, Kimber Schladweiler
Woman Touching Wedding Band, Divorce and Asset Division, Christine DeMatteo Family Lawyer

Divorce

Filing for divorce in Pennsylvania starts with the preparation of a Complaint in Divorce. A Complaint in Divorce must include the grounds for divorce (either no-fault or fault-based grounds), but may also include requests for equitable distribution, custody, alimony, counsel fees, costs and expenses, and other counts.

It is very rare to proceed with a divorce under fault-based grounds, as this requires a hearing and testimony to establish the other party’s fault. The potential fault-based grounds include: adultery, bigamy, cruel and barbarous treatment, desertion, imprisonment, or indignities. It is important to understand, however, that proceeding under fault grounds, rather than no-fault grounds does not typically affect the financial outcome of the case.

Given that no-fault divorce is an option, it is extremely uncommon for parties to wish to go through the legal expense of litigating a fault-based divorce. The more common type of divorce is no-fault divorce. A no-fault divorce will proceed either if both parties sign consents to the divorce, or, if one party does not consent to the divorce, the divorce will proceed once the parties have lived separate and apart for a period of at least one year and one party consents to the divorce.

Yes. Once the divorce complaint is filed, the filing party (or their attorney) must ensure that the defendant is served. This can be accomplished either by personal service via a process server, or if the defendant is willing to sign an acceptance of service. It also may be possible to serve the other party by commercial carrier or certified mail but it is important to follow the rules very closely regarding these types of service, as there are strict requirements. A court will not issue a divorce decree unless proof of proper service has been filed so it is important to serve the other party correctly at the onset of the action. If a party is not served within 30 days of the date of filing of the divorce complaint, the divorce complaint must be reinstated with the court before serving.

Not necessarily, as the Pennsylvania Rules of Civil Procedure state that all averments (statements of fact) in a Complaint in Divorce are deemed denied unless admitted by an answer. However, there may be certain averments that are incorrect or that you wish to respond to, such as an alleged date of separation, in which case you would need to file a response. You would also need to file a response if you wish to raise any additional claims that the plaintiff did not raise in the original divorce complaint, such as counts for custody, alimony, or counsel fees, costs and expenses. If you have been served with a Divorce Complaint, we recommend that you seek legal advice and have the Complaint reviewed by an attorney.

Just because you and your spouse don’t own property in joint names doesn’t mean that there are no marital assets or debts that need to be divided. Generally speaking, marital assets are those that are acquired between the date of marriage and date of separation (excluding inheritances and gifts), and the increase in value on pre-marital and/or inherited / gifted assets, regardless of how they are titled. Therefore, it is recommended that you consult with an attorney prior to proceeding with a no-asset divorce to make sure that you have considered all possible financial claims you can make (or that can be made against you) as part of your divorce case.

Support & Alimony

In Pennsylvania, child support is calculated using statewide guidelines based primarily on the parents’ combined monthly net incomes and the number of children.  The major components of the child support calculation are:

  1. Both parents’ net income: The calculation considers the monthly net income of both parents (after taxes and certain deductions);
  2. Number of children;
  3. Custody schedule.

Additional considerations and potential adjustments include:

  • Health insurance costs for the children
  • Child care expenses (for work or education)
  • Private school tuition or special educational needs
  • Extracurricular activities (may be included)
  • Extraordinary medical expenses

Note that the basic guidelines apply to combined monthly net incomes up to $30,000. For incomes above this, the court has more discretion. Courts can deviate from guidelines in certain cases based on certain factors.

If one party has primary physical custody (more than fifty percent of the overnights) then typically the other party will be responsible to pay child support to the party with primary physical custody. If the other party has shared custody (more than forty percent of the overnights) then the amount of child support will be adjusted to reflect this shared custody time. If the parties have equally shared custody, this does not automatically eliminate child support obligations. Generally, the higher-earning parent typically still pays support, even with equal custody time. However, the amount of support that they pay will be adjusted to take into consideration their shared custody time.

In Pennsylvania, child support generally lasts until age 18 or high school graduation, whichever is later. Child support may continue beyond age 18 in some situations, such as if the child has special needs that prevent them from becoming self-supporting. This obligation could continue indefinitely, depending on the situation.

Child support may end before age 18 if the child becomes legally emancipated.

Generally, yes. Income for Pennsylvania support purposes includes wages, salaries, overtime pay, commissions, bonuses, interest, rental income, retirement income, Social Security retirement or disability payments, workers compensation, unemployment compensation, income from an interest in a business, entitlements to lump sum awards such as lottery winnings, and any other sources of income. Bonuses are explicitly included in the definition of income provided by the Pennsylvania support and divorce laws.

However, the courts don’t automatically include all overtime and bonuses without consideration. Courts may distinguish between regular, predictable bonuses (like quarterly executive bonuses) and sporadic or one-time bonuses. Regarding overtime, the court may look at seasonal overtime versus year-round overtime, and may use their discretion to average overtime and bonus earnings over several years.

Family walking, Divorce Support and Alimony, Christine DeMatteo Family Lawyer
Two young children, Divorce and Child Custody, Christine DeMatteo Family Lawyer

Child Custody

Parents with shared legal custody both have the right to make major decisions affecting the child, including medical, religious and educational decisions. Parents with shared legal custody cannot unilaterally make any of these decisions about a child without the other parent’s consent. If parents cannot agree on a medical, religious, or educational decision, either parent can file a petition with the Court to have a judge make the decision, based on the best interests of the child. In very rare circumstances, one party may have sole legal custody, in which that party has the exclusive right to make major decisions concerning the child.

Physical custody refers to the actual day-to-day custody schedule.

Types of physical custody in Pennsylvania include:

  1. Shared Physical Custody: Both parents have the right to significant periods of physical custody with the child. This could mean equally shared (50/50) but also includes other schedules that are close to 50/50.
  2. Primary Physical Custody: One parent has physical custody of the child the majority of the time.
  3. Partial Physical Custody: A parent has physical custody of a child for less than the majority of the time. A typical example of partial physical custody is having the child every other weekend and a weeknight dinner visit or overnight.
  4. Supervised Physical Custody: A third party, such as a parent, agency, or court-appointed adult, oversees a parent’s time with their child. A court may order this if there are concerns about the child being alone with that parent.
  5. Sole Physical Custody: One parent has all physical custody, to the exclusion of the other parent. This is very rare and usually only occurs in unusual circumstances, such as when one party is incarcerated.

There is no legal presumption of equally shared custody in Pennsylvania. That said, courts generally start with a premise that it is beneficial to a child to have both parents involved in the child’s life, unless it is clearly demonstrated otherwise. Generally speaking, a court will not cut one parent out of the child’s life, unless there is significant evidence that it is not in the child’s best interest to be involved with the other parent.

You typically cannot move with a child without either getting consent from the other parent or obtaining court permission, if that move will significantly impair the other party’s right to custody. There is a detailed process that must be followed to request permission before you move with a child. The other parent has the opportunity to object. If they object, the court will hold a hearing to decide whether the move is in the child’s best interests.

Factors the court considers:

  • The reason for the proposed move
  • The potential benefits to the child
  • The impact on the child’s relationship with the non-moving parent
  • Whether a realistic visitation schedule can be maintained
  • The child’s preferences (depending on age)
  • The integrity of the moving parent’s motives

Relocation is a complex area of law where the specific facts of your case matter greatly, and where following proper filing guidelines and notice requirements is critical. It is highly recommended that you consult with an attorney as soon as you know you may need to request to relocate with your child, or if the other parent is threatening to relocate, or has already relocated.

A party can file to modify a custody order or agreement at any point, if doing so is in the best interests of the child. In Pennsylvania, modifying a custody order involves several steps:

  1. File a Petition for Modification with the Court;
  2. Pay the filing fee (or request a fee waiver if you qualify);
  3. Serve the other parent with notice of your petition;
  4. In some counties, after filing your petition you may be required to attend a mediation session and/or parenting seminar;
  5. Attend a hearing or conciliation conference to try reaching a final agreement. (In some counties, this first appearance may serve as your final hearing. In other counties, there may be multiple court appearances required before a final hearing.)
  6. The judge will issue a modified order if the court determines that it is in the child’s best interest.

Prenuptial Agreements

Once a party has determined that he or she wants a prenuptial agreement, that party will typically reach out to and retain their own attorney to consult with and draft the agreement. The drafting attorney will typically meet with the client to understand what the client hopes to accomplish with the prenuptial agreement, and then will draft it in accordance with the client’s goals. Sometimes a client comes to the first consultation knowing exactly what they want the prenuptial agreement to say, but sometimes the first consultation is used to outline issues and solutions that can be covered in the agreement. The client, in turn, can choose to discuss those issues with the other party independent of the lawyer, and then return to the lawyer to complete the drafting of the prenuptial agreement.

Yes. For a prenuptial agreement to be enforceable in Pennsylvania, both parties must provide full and fair disclosure of their assets, liabilities, and incomes. Typically, a comprehensive list of assets and liabilities will be attached as an exhibit to the prenuptial agreement itself, along with recent tax returns. Both parties should have the opportunity to review and analyze the other party’s disclosures, along with all statements and supporting documentation of values.

One attorney cannot ethically represent both parties to a prenuptial agreement, because the parties to a prenuptial agreement have legally adverse interests. This is true even when the parties are in agreement on what the prenuptial agreement should say, because the parties would ultimately have adverse or potentially adverse interests in the event of a later separation, divorce, or death. That said, both parties are not required to have an attorney, and often one party will retain an attorney to prepare a draft of the prenuptial agreement based on the discussions between that have occurred directly between the parties. In that case, one attorney will draft the prenuptial agreement and send it to the other (unrepresented party), who would negotiate any changes directly with the drafting attorney. However, it is important to understand that the attorney does not represent the unrepresented party, and cannot provide him or her with legal advice. Accordingly, it is wise for each party to a prenuptial agreement to consult with an attorney.

The vast majority of divorces in Pennsylvania occur without a prenuptial agreement. In this case, the court will apply Pennsylvania law as it stands at the time of divorce in determining the division of the parties’ assets and other financial claims such as alimony and possession of the marital residence.

The bulk of a prenuptial agreement typically addresses the division of assets at divorce. The most common way to achieve this is by preemptively defining certain assets as either “marital” or “separate.” Marital assets would generally be divided in divorce, while separate assets would typically be kept separate, meaning one party does not need to share their “separate” assets. It is up to the parties how marital and/or separate assets are defined and ultimately divided in the case of divorce. For example, one common prenuptial agreement structure is that in the event of divorce, assets get divided according to whose name that asset is in at the time of divorce, with joint assets being equally divided.

A prenuptial agreement may also address the disposition of assets at death (although a prenuptial agreement is not be a substitute for a formal estate plan), alimony, and provisions concerning the marital residence.

Prenupital Agreement
Domestic Violence / Protection from Abuse

Protection from Abuse / Domestic Violence FAQ

In Pennsylvania, the following people can file for a Protection from Abuse (PFA) order:

  • Current or former spouses
  • Current or former sexual or intimate partners
  • Parents and children
  • Other family members related by blood or marriage
  • People who live together or have lived together as a couple (this includes same-sex couples)
  • People who have a child in common (regardless of whether they’ve been married or lived together)
  • Minors: If the victim is under 18, an adult household member or the minor themselves (with court permission) can file on their behalf
  • Incapacitated persons: Someone can file on behalf of an adult who is physically or mentally unable to file for themselves
  • Roommates who are not in an intimate relationship
  • Neighbors
  • Strangers
  • Casual acquaintances

If you don’t qualify for a PFA but need protection from someone harassing or threatening you, Pennsylvania offers alternative protection orders like:

  • Sexual Violence or Intimidation (SVI) orders
  • Protection of Victims of Sexual Violence or Intimidation (SVOIPA) orders
  1. Read the order carefully – It will specify what you’re prohibited from doing (like having contact with the opposing party, exclusion from certain locations, possession of firearms, etc.) and will include a court date for a final PFA hearing.
  2. Follow the order immediately – Even if you think it’s unfair or based on false allegations, violating a PFA is a criminal offense that can result in arrest and up to 6 months in jail. Don’t contact the person who filed it, even to discuss the situation.
  3. Consider getting an attorney – While not required, having legal representation is strongly recommended. A party may have filed a PFA as a way to gain an upper hand in your divorce or custody matter, and therefore it is important to discuss the situation with an attorney as soon as possible.
  4. Gather evidence – Collect any texts, emails, witnesses, or other evidence that supports your side of the story.
  5. Prepare your testimony – Be ready to calmly explain your perspective to the judge.
  6. Attend your hearing – The paper you received is most likely a temporary PFA. If so, you’ll have a hearing (usually within 10 days) where a judge decides whether to issue a final PFA that can last up to 3 years. Missing this hearing often means the final PFA is granted automatically.

Once you arrive at the courthouse on your assigned date and time, you will need to check in with court staff. Often, advocates or other individuals may be present inside or outside the courtroom to help parties negotiate an agreement. It is important to note that these individuals are typically not attorneys and it is highly recommend you consult with an attorney prior to your first hearing, so you are aware of your rights and obligations. You should bring any evidence you have related to the abuse to the first listing. You may need to bring witnesses with you. Both parties may have attorneys represent them at the hearing, although it’s not required. There is no automatic right to an attorney in a PFA case. There are often many cases on a judge’s list on the day of your hearing. You should be prepared to present your case at the first scheduled listing. This is a formal proceeding, which means that witnesses will testify under oath and the Rules of Evidence will apply. Each party will have the opportunity to cross-examine the other party’s witnesses. At the conclusion of the hearing, the Judge will make a decision about whether to grant the PFA request.

Request a Consultation
Scroll to Top