Pennsylvania Family Law Attorney

For decades, the dedicated family law attorneys of Stark & Stark have guided families through complex family law issues, advocating on their behalf, and finding solutions that work for everyone involved. Our compassionate family law lawyers understand how stressful this time can be and are here to help guide you with sound legal counsel and support.

What Does Family Law Cover?

• Divorce: In 2020, there were nearly 30,000 divorces filed in Pennsylvania. Divorces can be extremely difficult emotionally as well as financially. Our Pennsylvania divorce lawyers will advocate for your rights during the property settlement process and alimony negotiations.
• Child Support: Parents have an obligation to provide financial support for their children. Our child support attorneys can help you understand Pennsylvania’s child support guidelines as well as modify or enforce the child support agreement.
• Child Custody: Courts decide the child custody agreement based on the child’s best interest. A child custody lawyer will protect your rights as a parent and help to protect your family’s future.
• Spousal Support: A divorce can result in financial insecurity for one or both parties. Our attorneys can help provide a record of proof to support or contest alimony claims based on your financial situation.
• Prenuptial Agreements: Prenup agreements can be perceived as unfavorable but are very important for securing one’s financial future. Our family law attorneys can help you identify the goals of your prenup agreement.
• Adoption: The adoption legal process is a rewarding process that can also be very confusing. Our Pennsylvania family law attorneys are ready to assist with step-parent adoptions, grandparent adoptions, and other private adoptions.

What Types of Custody Exist in Pennsylvania?

In Pennsylvania, there are two types of custody: physical custody and legal custody. Physical custody refers to who the child lives with and who makes decisions regarding their daily care, and legal custody refers to one or both parent’s ability to make decisions regarding their child’s future, including issues regarding their education, religion, and medical health.

Custody orders may include:

• Joint physical custody: Parents share custody of the child. The child spends at least 35% of their time with each parent.
• Primary physical custody: This refers to the parent who has the child the majority of the time.
• Partial physical custody: This refers to the parent who has the child less than half of the time.
• Sole physical custody: When the child lives with one parent exclusively.
• Shared legal custody: When both parents are involved in decisions regarding the child’s life.
• Sole legal custody: This refers to one parent exclusively making decisions regarding the child’s life.

Prenuptial Agreements in Pennsylvania

A prenuptial agreement is a legally binding document that is completed before the marriage in order to protect an individual’s assets and finances in the event the marriage ends in divorce.

In the event of a divorce, there are two categories of property that are considered: separate property and marital property. Separate property refers to property acquired before the marriage, property acquired during the marriage by gift or inheritance, or property acquired after separation. Marital property refers to any assets acquired during the marriage.

Since Pennsylvania is an equitable distribution state, the court tries to divide these marital assets in a way that is fair and equal. However, this guiding principle does not always mean the property is divided 50/50. A prenup agreement will address the way both types of property should be distributed in the event of a divorce. One of Stark & Stark’s Pennsylvania family law lawyers can help you prepare an agreement that will ensure your assets are protected.

Prenuptial Agreements for Estate Planning

A prenuptial agreement can play an important role in estate planning, helping to provide financial security for both your spouse and children in the event of your death.

Through a prenup agreement, you can decide exactly what part of your assets your spouse will receive, providing clarity to your children and minimizing any probate claims made by your spouse. Pennsylvania has an “elective share” law that allows the surviving spouse to receive one third of the deceased’s estate if they were still married at the time of death. A prenuptial agreement will enable you to waive the right to any elective share amount, giving you more control over your estate.

Adoption in Pennsylvania

While adoption is a gratifying experience for those involved it can also be a complex legal process. In Pennsylvania, any adult over the age of 18 can adopt. In order to legally adopt a child, a Petition for Adoption has to be filed with the court. A Pennsylvania adoption will also require a Voluntary Relinquishment, Petition to Confirm Consent, Petition for Involuntary Termination, or a Prior Court Decree of Terminated Rights to be filed in order for the adoption to proceed.

A home study investigation will also need to be completed by an approved agency to ensure that the environment the child would be moving into is safe and in the child’s best interest. The report must also include state and federal criminal history for each adoptive parent and any adults living in the home. Adult family members will also be screened for any prior history of domestic violence, child abuse, or neglect.

Once necessary pleadings are filed with the court and the home study investigation is complete, a court hearing will be held to finalize the adoption. Our team of Stark & Stark adoption attorneys is ready to help clients with single-parent adoption, second-parent adoption, step-parent adoption, and same-sex couple adoption.

Contact a Pennsylvania Family Law Lawyer Today

At Stark & Stark, our family law attorneys are dedicated to helping individuals and families through difficult legal challenges. We pride ourselves on offering competent legal counsel while also maintaining compassion for those involved.

For more than 80 years, our family law attorneys have gained favorable results for our clients in negotiations and inside the courtroom while keeping the best interests of the entire family in mind. If you have questions regarding any aspect of family law—including divorce, custody issues, alimony, adoption, and more—contact the Pennsylvania family law attorneys at Stark & Stark today.