Altoona Divorce Lawyer
Bruce R. Johnstone

Serving Central Pennsylvania

Either you or your spouse must be a Pennsylvania resident for at least six months to file for divorce.

Either spouse can get a divorce by simply stating in divorce papers that the marriage is "irretrievably broken." This means there's no reasonable chance to continue the marriage. Also, both spouses must agree in writing to the divorce, or need to be separated for two years.

If the spouses have been separated for less than two years and don't agree to divorce, one spouse can seek a divorce on these grounds:

• Adultery
• Bigamy
• Cruel and inhuman treatment endangering the life or health of the spouse
• Imprisonment for two or more years
• Personal indignities
• Confinement in a mental institution, and discharge isn't expected in the near future

Your divorce case begins when you or your spouse files a a "Divorce Complaint" with the Court of Common Pleas. If you agree on key issues of property and debt division, child custody and support, the divorce can be finalized without a trial. If you don't agree on the issues, the court sets a time for a hearing. If the court thinks there's a reasonable chance for reconciliation, it can order a 90-day "cooling-off" period. You may have to complete counseling. If needed, the divorce is granted after the cooling-off period.

Dividing the Property

In Altoona, Pennsylvania, assets and debts acquired during your marriage -called "marital property" - is divided "equitably" when you divorce.

But not all property is considered "marital property." For example, assets you had before you married may be non-marital or " " if you kept that property separated. Property received by inheritance can be separate property as well.

In deciding how to divide the property owned by divorcing couples, judges will consider a number of factors, including:

• Marriage length
• Prior marriages
• The age, health, station, income, vocational skills, employability, estates, liabilities and needs of each party
• The contribution by one party to the education, training or increased earning power of the other party
• The opportunity of the parties to acquire future income and assets
• Sources of income
• The services of each party as a parent, wage earner or homemaker
• The value of the property set apart to each party
• The standard of living the parties established during the marriage
• The tax consequences of the distribution
• With whom the children will reside the majority of the time

Be prepared with information on your property, including when you purchased it, an estimate of value, and details such as account numbers, serial numbers and so forth. You'll be ready to meet with a Altoona, Pennsylvania divorce lawyer and it can save you a lot of time and money.

Alimony

An Altoona court can order alimony, as it deems reasonable, to either spouse, but only if it's needed. Alimony usually isn't permanent. In deciding whether to award alimony, a court will generally consider such factors as:

• The relative earnings and earning capacities of the parties - The ages and health of the parties
• Sources of income
• The length of the marriage
• The contribution by one party to the education, training or increased earning power of the other party
• Custody of minor children
• Standard of living during marriage
• The relative education of the parties and any education and training needed by a spouse to prepare for finding a suitable job
• Contributions as a homemaker
• Property of each spouse, and whether a spouse is capable of self-support

An Altoona court can order temporary maintenance while the divorce is pending. Most maintenance is ordered for a specific length of time. Once ordered, it can be modified only upon a showing of a "change in circumstances."

Child Custody and Visitation in Altoona Pennsylvania

In Altoona, Pennsylvania, the court will make child custody decisions solely based upon what is in the best interest and welfare of the child. Sole or joint custody are options. Visitation is granted to a noncustodial parent.

In making a custody decision, the Altoona court will consider several factors:

• The child's preference
• The ability of each parent to provide for the child's physical, intellectual, emotional well-being
• Which parent is more likely to foster frequent and continuing contact between the child and the non-custodial parent
• Abusive or criminal conduct by either party

After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. If you're denied court-ordered access to a child, you can seek court help by filing a "Petition for Modification." If it is in the best interest of the child, the judge may decide to modify the visitation order, order makeup visitation for the time missed and order counseling or mediation.

Child Support in Altoona, Pennsylvania

In Altoona, Pennsylvania, child support is based on the combined net income of the parents and how many children the parent is responsible for supporting. When making a decision about child support, the court must determine the ability of each parent to provide health-care coverage for the children. If necessary, a court can set aside a portion of joint or separate assets of the parties in a separate trust or fund for the support and education of the parties' children.

An Altoona, Pennsylvania child support order can be modified if there has been a substantial change in circumstances, such as a big increase or decrease in either parent's income or the child reaching the legal age of majority and graduating from high school.

Questions for Your Altoona, Pennsylvania Divorce Lawyer

• What are alternatives to a court case for divorce in our area? Are mediation or collaborative divorce an option?
• What are the issues if my spouse won't cooperate or get his own lawyer? Can the court force a spouse to get legal help?
• How long will my case take before the divorce is final?