Month: September 2024

High Swartz | September 27, 2024

Divorce - 10 Steps You Should Take Immediately

Divorce is one of the most challenging life changes a person can experience. First, it's emotionally taxing. Second, it's often complicated legally and financially.

Knowing the proper steps to take to protect yourself and your interests is essential. That's true whether your decision is mutual or one-sided. This guide will walk you through ten critical steps to help you navigate the divorce process in Pennsylvania.

Step 1: Consult a Divorce Lawyer

The first and most crucial step is to consult a divorce lawyer near you. Pennsylvania has specific laws regarding divorce, including residency requirements and waiting periods, which can significantly impact your case. Talking to an experienced divorce lawyer focusing on family law will help you understand your rights and choices.

Why It's Important to Hire a Divorce Attorney

  • An attorney will explain the types of divorce available in Pennsylvania, such as fault-based and no-fault divorce.
  • A divorce attorney can help you understand property division under the state's equitable distribution laws. In Pennsylvania, it doesn't always translate into a 50/50 split.
  • An experienced family lawyer can also help you develop a strategy for child custody, spousal support, and asset protection.

What to do next:

  • Schedule consultations with a few local attorneys at divorce law firms near you. You'll want to hire a divorce lawyer that you're comfortable working with.
  • Bring any questions about the process, costs, and potential outcomes to your meeting.

Our law firm has offices in Doylestown, Norristown, and Wayne, PA. Our attorneys focus on you first to provide support during this difficult time.

Step 2: Gather and Organize Financial Documents

Financial transparency is crucial in divorce proceedings. Collecting and organizing your financial records can save time and reduce stress later. These documents will help your attorney understand your financial situation and assist in negotiating settlements.

Essential Documents to Collect with a Divorce Case

You need to grasp your financial situation as it typically substantially impacts any divorce. Start by collecting these documents:

  • Recent tax returns
  • Pay stubs and income statements
  • Bank account statements
  • Credit card statements
  • Mortgage documents or lease agreements
  • Investment and retirement account statements
  • Property deeds and vehicle titles
  • Any Pre-or Post-Nuptial agreements

Why it's important:

In Pennsylvania, laws handle property division based on "equitable distribution." As a result, courts divide assets and debts fairly but not always equally. A clear financial picture helps ensure you receive a fair share of the marital property.

Step 3: Understand Pennsylvania Divorce Laws

Divorce laws vary significantly from state to state, so it's crucial to understand the specific laws in Pennsylvania. For example:

  • Residency Requirements: One spouse must have lived in Pennsylvania for at least six months before filing.
  • Grounds for Divorce: Pennsylvania recognizes both fault and no-fault divorces. Couples can cite "irretrievable breakdown" or mutual consent in a no-fault divorce. In a fault-based divorce, grounds can include adultery, abandonment, cruelty, or bigamy.
  • Waiting Periods: In no-fault divorces without mutual consent, you must wait two years before finalizing the divorce.

Why it's important:

Understanding these laws helps you know what to expect. It can also prevent surprises that may delay the legal process or affect your settlement.

Step 4: Secure Your Digital and Financial Accounts

Securing your personal information and finances is necessary in today's digital world. This situation becomes critical during a divorce because emotions often run high, which can compromise trust.

Take These Steps to Protect Your Accounts

  • Change passwords to your email, social media, and financial accounts.
  • Set up two-factor authentication where possible.
  • Monitor your credit report for any unusual activity.
  • Consider freezing joint debit cards or removing yourself from joint accounts to prevent unauthorized use.

Why it's important:

Privacy and control are crucial during a divorce. These steps help protect your financial security and personal information.

Step 5: Create a Budget and Financial Plan

Divorce often means a significant change in financial circumstances.

Taking Control of Your Finances with Divorce

  • Calculate your current income and expenses to see where you can make adjustments.
  • Factor in potential changes in income, such as spousal or child support payments.
  • Plan for future expenses like housing, childcare, and legal fees.

Why it's important:

Creating a budget helps you prepare for financial independence and reduces the risk of falling into debt during the transition period.

Step 6: Develop a Support System

Divorce is not just a legal and financial issue; it's also an emotional one. Building a solid support system can help you navigate the emotional challenges.

Connecting with Others

  • Reaching out to friends and family members who can offer support.
  • Joining a local support group for individuals going through divorce.
  • Seeking help from a professional therapist or counselor.

Why it's important:

Having a support system can help you cope with stress and emotional strain, allowing you to focus on practical matters more efficiently.

Step 7: Establish Temporary Living Arrangements

Deciding where to live during the divorce process can be challenging, especially if children are involved. In Pennsylvania, unless a court order exists, both parties have the right to remain in the marital home.

Housing Options During Divorce:

  • Staying in the marital home if it's safe and practical.
  • Moving out, renting an apartment, or staying with friends or family temporarily.
  • Discuss temporary arrangements with your spouse to avoid conflicts.

Why it's important:

Establishing stable living arrangements provides stability and normalcy, which is particularly important if children are involved.

Step 8: Consider Custody and Parenting Plans

If you have children, developing a parenting plan is one of the most critical steps. Pennsylvania courts base custody decisions on the child's best interests. They consider factors like the child's relationship with each parent, stability, and each parent's ability to provide care.

Establishing an Effective Parenting Plan:

  • A schedule for when the children will be with each parent.
  • Arrangements for holidays, birthdays, and vacations.
  • Who decides about the children's education, health care, and extracurricular activities?

Why it's important:

A well-thought-out parenting plan reduces conflicts and provides clear expectations for parents and children. A family lawyer can provide insights into legal issues surrounding custody.

Step 9: Protect Your Physical and Mental Health

Divorce can take a toll on your health, both physically and mentally. It helps to prioritize self-care during this time.

Tips for Maintaining Health During Divorce:

  • Develop a daily routine that includes exercise, healthy eating, and adequate sleep.
  • Practice stress management techniques, such as meditation or yoga.
  • Don't hesitate to seek professional help if you're struggling with anxiety, depression, or other mental health issues.

Why it's important:

Taking care of yourself helps you remain intense and focused, enabling you to make better decisions throughout the divorce process.

Step 10: Plan for Life After Divorce

While focusing on the present is essential, planning for the future is equally crucial. Think about your long-term goals and how you want to move forward after the divorce. Some law firms like ours, have estate, will, and trust departments that can asisst.

Considerations for the Future:

  • Financial planning for retirement, savings, and investments.
  • Updating your will and estate plans to reflect your new circumstances.
  • Setting personal and professional goals to help you rebuild and thrive post-divorce.

Why it's important:

A clear plan for your future will help you move forward confidently.

Taking the First Step with Divorce

Your mental and physical well-being are paramount. So, your first step is deciding when it's time to pursue divorce.

If you've reached that point, talk with a divorce lawyer at our firm. We work with couples in Bucks, Delaware, and Montgomery County, PA. Every divorce case is different. We can help address your concerns and map out a plan to accomplish your goals. Equally important, we can be an advocate during this difficult time.

Thomas Panzer | September 26, 2024

Workers’ Compensation – What’s Covered in PA

Workers' compensation is a required component of employment law in Pennsylvania. It provides financial and medical benefits to employees who suffer work-related injuries or illnesses, protecting employees and employers.

Understanding workers' compensation is a legal obligation. Equally important, it's essential to maintaining a safe and compliant workplace for Pennsylvania businesses. No matter the size of your company, it can help you protect your employees and your organization.

If you own a small business, find a workers' comp lawyer who can offer appropriate guidance.

Overview of Workers' Compensation in Pennsylvania

Workers' compensation is a no-fault insurance program mandated by Pennsylvania, meaning that employees are entitled to benefits regardless of who caused the injury.

It provides wage replacement, medical treatment, and other benefits to employees injured or ill. It also ensures that employees receive prompt medical attention and financial support while recovering.

The Pennsylvania Workers' Compensation Act, established in 1915, regulates and requires workers' compensation insurance. It mandates that nearly all employers, regardless of size, carry it to cover their employees.

It applies to nearly all employers, regardless of size, including private businesses, nonprofit organizations, and even some municipalities. Employers must cover all employees, including full-time, part-time, and seasonal workers.

In 2022, the Pennsylvania Department of Labor & Industry reported over 80,000 work-related injuries, and employers paid out more than $2 billion in workers' compensation benefits. These numbers highlight the significance of this program for both employees and employers and emphasize the need for businesses to understand their obligations under the law.

Failing to comply with workers' compensation requirements can result in severe penalties, including fines and potential criminal charges. Additionally, employers could face civil lawsuits from injured employees if proper coverage is not in place.

What Does Workers' Compensation Cover?

Workers' compensation supports employees who experience work-related injuries or illnesses by covering medical expenses, wage loss benefits, and specific loss benefits.

These benefits are calculated based on the nature and extent of the injury and the employee's average weekly wage.

Here's what it typically covers in Pennsylvania:

Medical Expenses

Workers' compensation covers all reasonable medical care and expenses related to the job injury or illness, including:

  • Doctor Visits: Consultations with healthcare professionals.
  • Hospitalization: Costs of hospital stays, if necessary.
  • Surgeries: Any required surgeries from the work-related injury.
  • Rehabilitation: Physical therapy and other rehabilitation services to help the employee recover.
  • Prescriptions: Necessary medication to treat the injury.

These medical bills and expenses must relate directly to workplace accidents or illnesses. Employers should ensure that employees receive the necessary care to recover fully.

Lost Wages

Workers' compensation provides wage replacement benefits if an employee cannot work because of the injury. In Pennsylvania, wage loss benefits typically amount to approximately two-thirds of the employee's average weekly wage, up to a maximum amount.

Pennsylvania has different types of wage loss benefits:

  • Temporary Total Disability (TTD): When the employee cannot work at all for a temporary period.
  • Temporary Partial Disability (TPD): When the employee can work at a reduced capacity, leading to lower earnings.
  • Permanent Disability Benefits: Employees who suffer a permanent impairment that prevents them from returning to their previous job.

Specific Loss Benefits

This benefit applies to employees who lose certain body parts, such as fingers, limbs, vision, or hearing. The amount and duration of compensation vary based on the severity of the loss (refer to the Pennsylvania Workers' Compensation Act).

Death Benefits

If an employee dies from a work-related injury or illness, their dependents can receive death benefits. Dependents include family members like a spouse or children. These benefits include coverage for burial expenses and ongoing financial support to help the family during a difficult time.

What Workers' Compensation Does Not Cover

While workers' comp provides broad coverage, there are certain situations where benefits do not apply:

Non-Work-Related Injuries

Workers' compensation only covers injuries or illnesses directly related to the employee's job. For example, the employee wouldn't be eligible for benefits if an injury occurred while playing sports outside of work.

Intentional or Self-Inflicted Injuries

Workers' compensation does not cover self-inflicted or intentional injuries by the employee. However, in cases where an injury results from intentional employer misconduct or hazardous conditions, there may be grounds for additional legal action.

Drug or Alcohol-Related Incidents

If an employee is injured while under the influence of drugs or alcohol, workers' compensation may deny the claim. The burden of proof lies with the employer or insurer to show that substance abuse caused the injury. Employers can conduct drug tests to determine if the injury stemmed from substance abuse.

Violation of Company Policies

Insurance companies can deny a workers' comp claim if the injury occurred while the employee was willfully violating a company safety rule or acting recklessly. However, coverage may still apply in cases of minor rule violations.

Understanding these exclusions can help employers educate their workforce and reduce the likelihood of disputes over claims.

If you're an employer, you can challenge a claim based on any of these concerns. An experienced workers' compensation lawyer can provide guidance. Defending a worker's compensation case can prevent you from focusing on your business, especially as a small business owner.

Employer Responsibilities Under Pennsylvania Workers' Compensation Law

Employers in Pennsylvania have specific responsibilities regarding workers' compensation. Understanding these obligations is crucial to avoiding legal issues.

Insurance Requirements

All employers in Pennsylvania must carry workers' compensation insurance. That applies to most businesses, regardless of size, including those with part-time or seasonal employees. Employers can obtain this through a private insurance carrier or the State Workers' Insurance Fund.

Employers can self-insure only after receiving the Pennsylvania Bureau of Workers' Compensation approval.

Failing to carry workers' compensation insurance can result in severe penalties, including fines, criminal charges, and potential business closure.

Reporting Requirements for Workers' Compensation

The employer must report a job-related injury to their workers' compensation insurance provider and file a report with the Pennsylvania Bureau of Workers' Compensation within 21 days of notification of the injury. However, prompt reporting is essential to avoid penalties and ensure the employee receives timely benefits.

Employers should also keep accurate records of the injury. They can include witness statements, medical reports, and any communication with the employee. This documentation is crucial in case of disputes or investigations.

Safety Programs

Employers are encouraged to implement workplace safety programs to reduce the risk of injuries. Effective safety programs not only protect employees but can also lower insurance premiums and improve the overall workplace environment. Regular safety training and clear communication of safety procedures are critical components of a successful program.

Exclusions to Workers Compensation in Pennsylvania

Although most businesses must carry workers' compensation insurance, some companies are exempt. For example, different compensation laws cover federal government workers, railroad workers, and dockers.

Other exclusions include:

  • Agricultural workers may be exempt if they work for fewer than 30 days in a calendar year and earn less than $1,200 from a single employer.
  • Laws exclude domestic servants unless the employer includes them under workers' comp.
  • Sole proprietors and general partners are typically not required to have workers' comp coverage for themselves.
  • Individuals with religious beliefs may be exempt from workers' comp. They must file the appropriate paperwork with the Commonwealth.

Talk with a workman's comp lawyer to determine if you can get by without carrying workers comp insurance.

Consequences of Non-Compliance for Employers

Failing to comply with workers' compensation laws can seriously affect Pennsylvania employers. Understanding these consequences is essential to avoid legal and financial risks.

Legal Penalties

Employers who do not carry the required workers' compensation insurance can face substantial fines and penalties. Penalties start at $2,500 and can include up to one year of imprisonment for each day of non-compliance.

The Commonwealth can sometimes shut down operations until the employer obtains proper coverage.

Civil Liability

If an employee is injured and their employer doesn't have workers' compensation, the employee can sue the employer. The employer could be responsible for paying all medical expenses, lost wages, and additional damages awarded by the court. These costs can be devastating, especially for small businesses.

Does an Employer Have to Hold a Job While an Employee is on Workers' Compensation?

One common concern among employers is whether they must hold an employee's job while on workers' compensation. In Pennsylvania, employers have no legal obligation to keep an injured worker's job open while receiving workers' compensation benefits.

However, employees who qualify for leave under the Family and Medical Leave Act (FMLA) may be entitled to up to 12 weeks of job-protected leave.

There are other essential considerations to keep in mind:

No Legal Requirement to Hold the Job

Pennsylvania law does not require employers to hold an injured worker's job open while receiving workers' compensation benefits. If necessary, an employer can fill the position to maintain business operations.

Protection from Retaliation

Employers don't have to keep the job open. However, they cannot fire or retaliate against an employee solely because they filed a workers' comp claim. Retaliation, such as wrongful termination or demotion, can lead to legal consequences, including discrimination or wrongful discharge lawsuits.

Considerations for Employers

Employers should consider several factors when deciding whether to hold an employee's job, such as the length of the employee's recovery and the impact on business operations. They should also have clear policies regarding job retention during workers' compensation leave.

Employers might also offer a modified or light-duty position. This approach can help the employee return to work while meeting the business's needs.

Best Practices for Workers' Compensation and Employers

To effectively manage workers' compensation and maintain compliance, Pennsylvania employers should follow these best practices:

Maintaining Compliance

  • Audits: Regularly audits your workers' compensation coverage and workplace safety practices to ensure ongoing compliance and identify potential risks.
  • Keep Coverage Up-to-Date: Verify that your insurance coverage is active and sufficient to meet your business needs. Update your policy if your workforce size or business operations change.

Creating a Safe Work Environment

  • Implement Safety Programs: Develop and enforce safety programs tailored to your workplace, including training on proper equipment use, safety protocols, and emergency procedures.
  • Encourage Reporting of Hazards: Build a workplace where employees feel safe to report hazards or unsafe conditions. They should not fear retaliation.

Employee Education

  • Inform Employees About Their Rights: Hold regular training sessions to educate employees about their rights under workers' compensation laws and communicate the steps to take if they experience a work-related injury.
  • Communicate the Claims Process: Ensure employees know the steps to take if injured, including reporting the injury, seeking medical treatment, and understanding how wage replacement benefits work.

By adopting these best practices, employers can create a safer work environment, reduce the likelihood of workplace injuries, and more effectively manage workers' compensation claims.

Experienced Workers Compensation Attorneys Near You

Workers' comp is a crucial element of employment law that every Pennsylvania business needs to understand. Employers can protect their workers and companies by understanding what workers' compensation covers. They should follow legal requirements and use best practices.

If you have questions or need legal guidance on workers' compensation, the team at High Swartz is here to help. Our experienced worker's comp attorneys can provide the advice and support you need to navigate these complex regulations confidently. We work with businesses in Bucks, Delaware, and Montgomery County, and all across Pennsylvania.

Contact us today to ensure your business is compliant and your workforce is protected.

Tom Gabor | September 24, 2024

Mary Cushing Doherty Presents at AAML Penn Seminar Series Reviewing Uniform Parentage Act (HB 350)

On September 24, 2024, Mary Cushing Doherty presented at the AAML Penn Seminar Series today along with Michael Bertin, and Helen Casale, Nesta Johnson, and Rebecca Levin Nyack. The virtual presentation reviewed the Uniform Parentage Act (HB 350) and it's implications for family law attorneys in Pennsylvania.

Mary chaired the Domestic Relations Advisory Committee’s sub-committee on the UPA.

Below are Mary's Observations about House Bill 350 Pennsylvania's Proposed Uniform Parentage Act.

UNIFORM PARENTAGE ACT – PA HB 243-2019

Doherty report on issues regarding Surrogacy & Assisted Reproduction

Submitted September 30, 2019
Overview Chapter 97: Assisted Reproduction
Chapter 98: Surrogacy Agreement
Chapter 96 : Proceedings to Adjudicate Parentage §9612-9818; 9620(d) & (e);
9623(a) & (b)
Introduction
• Chapter 98 addresses child(ren) born pursuant to a Surrogacy Agreement (SA)
• Chapter 97 Assisted Reproduction (AR) addresses births not per an Agreement as
specifically provided in Chapter 98
• Section 9612 etc. (under Chapter 96) addresses adjudication of parentage of child born
due to assisted reproduction (Chapter 97)
Definitions (§9102)
“Donor” provides gametes (sperm/egg) for assisted reproduction but excludes (1) a
woman giving birth by AR unless there is a SA; and excludes (2) a “parent” as determined in
Chapter 97 (AR) or Chapter 98 (SA)
PROBLEM: This definition of a donor is complicated and circular.
“Woman” a female individual of any age
PROBLEM: Refers to as woman giving birth without differentiating between
donor womb and biological mother.
“Parent” someone who has established a parent-child relationship per 9201
included parent under Chapter 96 Adjudication
PROBLEM: Does this mean not a parent per AR/SA until Chapter 96
adjudication, however can be a parent under AR (Chapter 97) or
SA (Chapter 98) without Adjudication? Is the cart before the
horse? Under 9204 presumed a parent if a SA (Chapter 98).
Adjudication of Parentage (Chapter 96)
Section 9612 Adjudicating parentage of child of Assisted Reproduction (AR) is based on
(a) a claim by a “parent”; (Note the PROBLEM with definition of parent may require
Adjudication. Can Preliminary Objections be filed saying petitioner cannot claim to be a
2
parent?); or based on a claim by a woman who gave birth (Note the PROBLEM for failing to
differentiate between the woman who provides “donor” egg or only serves as carrier womb.)
Section 9612(b) addresses multiple claims by individuals other than birth mother. (Note
the PROBLEM no definition of “birth mother”. Is it her womb or her egg and womb? Also if
birth mother is one of the individuals claiming parentage, unclear how her rights are addressed.)
Section 9613 addresses competing claims of parentage, using a new definition of “best
interests”, genetic testing and acknowledges a child can have more than 2 parents. (Note the
PROBLEM of parentage law that will overlap or conflict with custody law as well as probate
and estate law.)
Section 9615 allows the proceeding may be combined with estate administration, custody
(visitation, support, divorce, annulment) adoption and termination of parental rights. (Note the
PROBLEM with overlapping legal principles, not to mention different jurisdiction, judges and
courts.)
Section 9618 a child is a proper party but not a necessary party; and will be represented
by an attorney, guardian ad litem or similar person to represent a child if a court finds the child’s
interests are not adequately represented. (Note the PROBLEM – counsel for child is an
advocate; a GAL is not. How can a child ever have her/his interests adequately represented
without counsel? The statute cannot intertwine the role of attorney vs. GAL.)
Section 9623 when a court (a) determines parentage whether voluntary or adjudicated, (b)
the child is not bound unless (1)/(2) genetics, (3) AR or SA, or (4) the child was a party. (Note
see the PROBLEM if child has no attorney. Why “or”, isn’t “and” better? What is meant that
child is to bound by the outcome?)
Assisted Reproduction AR (Chapter 97)
Section 9701 states only applies if no Surrogacy Agreement (SA). (Note the PROBLEM
if need to establish a valid SA and if failed to prove SA, revert to AR analysis.)
Section 9702 Parental statute of donor is the donor is not a parent of child conceived by
AR. (Note the PROBLEM, without a SA a donor of sperm thought he was not a parent yet
found to be a support obligor.)
Section 9703 Parentage of AR child is the individual who consents to AR “by a woman”
with the intention to be a parent. (Note the PROBLEM if the woman giving birth also intends
to be a parent? The woman could have a Donor egg or embryo.)
Section 9704 requires a consent such as (a) a record signed by intended parent and carrier
woman. (Note the PROBLEM with “woman” not sufficiently clarified if donor womb; donor
egg, etc.) However (b) no record is required if court otherwise determines (1) express
agreement, or (2) the woman and individual are together two years and treats child as own.
(Note the PROBLEM) that the individual can walk after 23 months of treating child as his/her
3
own. How does this address the child’s best interests? Note the conflict with other public
policy.)
Section 9705 Limitation on spouse’s dispute of parentage poses the situation when a
woman serves as carrier for AR and is married. Requires spouse to file suit within two years, or
later if spouse proves no genetic contribution, not cohabitation when a woman got pregnant and
never held out child as “his” / “hers”. (Note the PROBLEM of burden on spouse of “woman
who gave birth. And inversely the spouse could be found to be a parent if all SA requirements
are not met.)
Section 9707 Withdrawal of Consent happens if notice is given in a record before
“transfer” to the woman who agreed to give birth as well as the clinic or health care provider.
Failure to notify clinic/provider does not affect determination of parentage. (Note the
PROBLEM – why is notice to clinic/provider required but does not affect parentage?)
Section 9708 parental status of deceased individual allows parentage allowed by SA can
occur even if “transfer” is 36 months after death (or baby born 45 months after death). (Note
PROBLEM of conflict with estate/probate law and child born 45 months after death!)
Surrogacy Agreement (SA) (Chapter 98)
Section 9801 defines genetic surrogate uses her gamete (egg) but is not an intended
parent; while gestational surrogate does not use her egg or embryo with her egg and is not an
intended parent. In every Surrogacy Agreement (SA) the woman agrees to become pregnant not
as an intended parent.
Section 9802 requires (a) surrogate to be 21, previously gave birth, completed a medical
evaluation & mental health consultation and have an independent attorney. (Note the
PROBLEM, who gets the medical and mental health reports?) And the Section requires (b)
intended parents to meet same requirements. (Note the PROBLEM if carrier mother ought to
know that both parents consent and the emotional health of intended parents; reports to be filed
with court.)
Section 9803 Requirements set rules (1) requires PA law applies if one party is a resident
or the following occurs in PA: the medical evaluation, the mental health consult or the
procedure. (Note the PROBLEM if the connection is fleeting and other states may have
jurisdiction.) Under (2) all meet 9802 eligibility. Under (3) intended parents, surrogate and
spouse is a party. Under (4) need a record; (5) copy given to surrogate & intended parents; (6)
notarized record; (7) attorney representation of all and (8) parents pay for surrogate attorney and
(9) all exams - medical & mental – are before “procedure”. (Note the PROBLEM of surrogate
spouse signs, but gets no copy. The discharge of lawyer/failure to pay voids SA and creates
havoc.)
Section 9804 about SA content, waiver of parentage by surrogate & spouse; obligations
of intended parents are joint and several, monetary obligations, health care coverage, etc. Under
(7) the agreement must permit surrogate to make all health and welfare decisions regarding
4
herself, her pregnancy and right to terminate pregnancy. (Note many view this as a PROBLEM
not to ask surrogate to follow health precautions.)
Section 9805 addresses effect of marital status: (a) marriage/divorce of surrogate; (b)
intended parents who marry after SA and divorce of an intended parent. (Note the PROBLEM
if an intended parent engages, the expecting spouse is not consenting, not an intended parent, and
yet child born during marriage.)
Section 9806 limits the inspection of documents filed. (Note the PROBLEM this does
not say medical/mental health records are on file.)
Section 9807 gives the court exclusive jurisdiction over the SA but does not give the
court custody or support jurisdiction if not otherwise allowed by law. (Note the PROBLEM of
alternate jurisdictions.)

High Swartz | September 3, 2024

How to Handle a Contested Divorce in Pennsylvania

Divorce is never an easy process, and it can become incredibly challenging when contested.

You “contest” the divorce if you and your spouse disagree on important issues. Contested divorces can include disagreements about property, child custody, or support.

Understanding what a contested divorce involves and how to navigate it is crucial for ensuring the best possible outcome for yourself and your family. Let’s dive into the essential aspects of handling a contested divorce in Pennsylvania, which can be different than other states.

First, we suggest you work with an experienced contested divorce lawyer near you. Our law firm works with clients in Bucks, Montgomery, and Delaware County, PA. Call the High Swartz LLP law office near you to speak with a divorce attorney:

Norristown Family Law Office: (610) 275-0700
Doylestown Family Law Office: (215) 345-8888
Wayne Family Law Office: (610) 975-4468

What is a Contested Divorce?

A contested divorce occurs when spouses cannot agree on one or more critical issues related to their divorce. With an uncontested divorce, both parties mutually agree on the terms.

However, a contested divorce involves disputes requiring negotiation, mediation, or, in some cases, a trial. Typical areas of disagreement include property division, custody, child support, alimony, and even the grounds for divorce.

It's essential to have legal representation when facing a contested divorce, especially in PA. A knowledgeable divorce lawyer can help protect your interests, navigate the legal system, and work toward a favorable resolution.

Contested vs. Uncontested Divorce

We quickly touched on these two types of divorce. But, understanding the difference between a contested and uncontested divorce is critical.

In an uncontested divorce, both spouses agree on all terms of the divorce. The substantial upside is that it typically results in a quicker, less expensive, and possibly even a less emotionally taxing process. You may even avoid a lengthy court battle and finalize the divorce relatively swiftly.

In contrast, a contested divorce is much more complex. You must resolve disagreements through negotiation or in court, which may significantly lengthen the process of divorce. More time means more money.

A family law attorney or divorce lawyer can help you navigate the legal intricacies and advocate for your best interests.

Reasons to Contest a Divorce

During a divorce, spouses often have different opinions on dividing assets. They also may disagree on who should have custody of the children. Additionally, determining spousal support can be a point of contention.

These disputes can significantly impact the process's duration, cost, and emotional toll. Knowing common causes for contested divorces can help you better prepare for what's ahead.

Common reasons include:

Asset Division

One spouse may feel that the division of marital property is unfair. Pennsylvania follows the principle of equitable distribution for property division (23 Pa. C.S. § 3502). This does not necessarily mean a 50/50 split but rather a fair division based on factors like each spouse's income, contributions to the marriage, and needs.

Child Custody

Parents often disagree on who should have primary custody of the children. Legal custody involves decision-making rights, while physical custody pertains to where the child resides. Additionally, Pennsylvania courts prioritize the child's best interests when making custody determinations.

Spousal Support

One spouse may contest the amount or duration of alimony payments. PA supports three types of support:

  1. Spousal support before the divorce is filed
  2. Alimony pendente lite or support during the divorce process
  3. Alimony or support after the divorce is finalized

Grounds for Divorce

Sometimes, spouses may disagree on the reasons for the divorce, as is often the case with fault-based divorces.

Pennsylvania allows for both no-fault and fault-based divorces. The majority of divorces in Pennsylvania are filed on no-fault grounds, either mutual consent or irretrievable breakdown of the marriage. Fault-based grounds, such as adultery or cruelty, are less common and may complicate the divorce process, but they can also affect the division of assets and alimony.

Who Pays for a Contested Divorce?

One of the most common questions about contested divorces is, "Who pays for it?" In Pennsylvania, each spouse is typically responsible for paying their legal fees.

However, the court may sometimes order one spouse to contribute to the other's attorney fees. This can occur if there is a significant disparity in income between the parties.

Contested divorces can be expensive, including attorney, court, and potential fees for expert witnesses. Planning your finances and discussing payment options with your divorce lawyer is crucial as you prepare for the process.

How Long Does a Contested Divorce Take?

The duration of a contested divorce in Pennsylvania varies depending on the complexity of the case and the court's schedule.

The mandatory waiting period for a no-fault divorce in Pennsylvania is 90 days if both parties consent (23 Pa. C.S. § 3301(c)(2)).

However, if one party does not approve, the process can be significantly longer, often exceeding one year.

Multiple factors can extend the process. Examples include extensive discovery (the exchange of financial and other relevant information), numerous court hearings, and delays in negotiations.

The Contested Divorce Process in Pennsylvania

Understanding the process of a contested divorce can help reduce anxiety and prepare you for what lies ahead. Here’s a step-by-step guide:

  1. Filing the Divorce Complaint: One spouse initiates the divorce by filing a complaint with the court.
  2. Serving the Papers: You must formally serve your spouse with divorce papers.
  3. Response and Counterclaim: The served spouse may respond to the complaint and file a counterclaim outlining their terms.
  4. Discovery Phase: Through discovery, both parties exchange relevant information, such as financial records.
  5. Negotiation: Before going to trial, both parties may attempt to settle disputes through alternative dispute resolution (ADR) involving negotiation, arbitration, or mediation. If the parties agree, they can avoid a court battle.
  6. Trial: If they can't reach an agreement, the case proceeds to trial, where a judge will decide on contested issues.
  7. Final Judgment: The judge issues a final divorce decree, legally ending the marriage once the trial concludes.

Throughout this process, your divorce lawyer can offer appropriate guidance on how to handle each step. They'll also ensure you’re adequately prepared for each stage.

How to Navigate a Contested Divorce

Navigating a contested divorce can be challenging, but there are ways to avoid common pitfalls:

Misinformation: The law requires complete transparency. Failure to disclose assets or access to critical information can result in legal penalties.

Emotions: Divorce is an emotional process. But it’s essential to approach the process and your decisions with a clear, rational mind.

Organization: Keep detailed records of all communications, financial documents, and court filings.

Communication: Clear and consistent communication with your divorce lawyer is crucial. The more they know, the better they can get your desired results.

Relationships: Although Pennsylvania has no legal constraints against dating during a divorce, it can impact your outcome.

Finances: Don't withdraw monies from joint accounts without consulting your family lawyer.

Following these items allows you to navigate the process more smoothly and work towards a resolution that meets your needs. When in doubt, consult with your contested divorce lawyer.

Contested Divorce Lawyers in Pennsylvania

With any contested divorce, your best starting point is finding a skilled divorce lawyer. Choosing the right attorney can make all the difference in getting what you want.

Our divorce lawyers counsel clients in Bucks, Montgomery, and Delaware County, PA. More importantly, several of our family lawyers received recognition as Best Lawyers in America©. So you know you'll be working with experienced, results-driven attorneys.
Our local law firm also offers various legal services to help with issues such as support and PFA orders.

For more information about divorce in PA, download the High Swarz LLP whitepaper titled: The Essential Guide to Divorce in Pennsylvania

High Swartz | September 3, 2024

Legal Careers

Currently we are hiring for:

• Municipal Law Attorney - Associate

• Litigation / Transactional Law Attorney - Associate

• Experienced Legal Assistant - Norristown office

See below for job descriptions and how to apply.

A successful, regional law firm for over 110 years, High Swartz LLP can attribute its successes to a dedicated, hard-working team of attorneys and administration. Our law offices have cultivated a workplace where individuals can advance their careers and develop long-lasting relationships.

High Swartz LLP has a longstanding reputation as a premier, general practice law firm in the Philadelphia metropolitan region with locations in Montgomery County, Bucks County, and Delaware County. Our teams utilize intuitive and modern law practice management software and systems to seamlessly integrate our law offices with remote work environments.

We believe in fostering a supportive and collaborative workplace culture. High Swartz LLP offers competitive salary, benefits and a hybrid working environment. Our attorneys work hand-in-hand with legal assistants,  paralegals, and staff to deliver the best possible outcomes for our clients.

We seek hard-working, dedicated, and client-focused attorneys and support staff ready to take their careers to the next level. Join our team and experience what makes High Swartz LLP such a great place to work.

If you are interested in adding your talents to our team, contact our law offices at careers@highswartz.com. Please find below a list of our current open positions.

Municipal Attorney - Associate

This is a hybrid position with the opportunity to work out of our Norristown or Doylestown offices to be determined.

The successful candidate will have 4-5 years of relevant experience in managing all aspects of municipal law including:

  • Provide legal advice and representation to municipal clients on a wide range of issues, including land use, zoning, public contracts, and municipal governance.
  • Draft, review, and negotiate contracts, ordinances, resolutions, and other legal documents for municipalities.
  • Provide legal guidance on the Right-to-Know Law, the Sunshine Act, the Ethics Act, Municipalities Planning Code, and other laws regulating public bodies.
  • Conduct legal research and provide opinions on municipal law issues.
  • Assist municipal clients with drafting, reviewing, and enforcing codes and ordinances.
  • Advocate for municipal clients in zoning issues such as variances, special exceptions, conditional uses and eminent domain.
  • Attend and participate in municipal board meetings and hearings
  • Assist in the development and implementation of municipal policies and procedures
  • Manage and prioritize multiple projects and deadlines in a fast-paced environment

Knowledge, Skills, and Competencies

  • Experience in Eastern PA counties including Montgomery, Bucks, Chester, Delaware, and Lehigh preferred.
  • Self-motivated team player with strong work ethic
  • Exceptional organizational, time/billing management skills and attention to detail
  • Excellent computer skills with experience in law practice management softwares and document management systems a plus
  • Desire to advance within the firm

Qualifications

  • Juris Doctor (JD) degree from an accredited law school.
  • Admitted to the Pennsylvania State Bar and in good standing
  • 4-5 years of experience practicing municipal law work

Benefits

  • 401(k)
  • Dental insurance
  • Employee assistance program
  • Employee discount
  • Flexible spending account
  • Health insurance
  • Health savings account
  • Life insurance
  • Paid time off
  • Professional development assistance
  • Referral program
  • Retirement plan
  • Vision insurance

Litigation and Transactional Law Attorney - Associate

This is a hybrid position with the opportunity to work out of our Norristown or Doylestown offices to be determined.

The successful candidate will have 4-5 years of relevant experience managing all aspects of civil and business litigation, corporate and real estate transactions including:

Litigation

  • Providing strategic legal advice and counsel to clients in civil and business litigation matters
  • Representing clients in court proceedings, mediations, arbitrations, and negotiations
  • Drafting and filing pleadings with Pennsylvania state and Federal courts
  • taking and defending depositions, motions, discovery requests and responses
  • Working independently and collaboratively with litigation practice group members to achieve successful case outcomes
  • Assisting firm partners in litigation practice group matters
  • Trying cases as either first or second chair
  • trial prep and trial assistance
  • conducting proficient legal research

Transactional Law

  • Providing strategic legal advice and counsel to businesses and individual clients in transactional matters
  • Drafting and negotiating a wide variety of commercial contracts and other documents
  • negotiating with counterparties
  • advising on corporate governance matters
  • creating legal entities
  • Experience in mergers and acquisitions, real estate purchase transactions and/or commercial leases, and compliance
  • Identifying potential legal issues related to business practices and policies and advise staff and management
  • Knowledge, Skills, and Competencies:
  • Experience in Eastern PA counties including Philadelphia, Montgomery, Bucks, Chester, Delaware, Lehigh preferred. Mid-Atlantic states (New Jersey, Maryland, Virginia, West Virginia, Delaware, District of Columbia licensing/experience a plus
  • Self-motivated team player with strong work ethic
  • Exceptional organizational, time/billing management skills and attention to detail
  • Excellent computer skills with experience in law practice management softwares and document management systems a plus
  • Desire to advance within the firm

Qualifications

  • Juris Doctor (JD) degree from an accredited law school.
  • Admitted to the Pennsylvania State Bar and in good standing
  • 4-5 years of experience practicing litigation and transactional law work

Benefits

  • 401(k)
  • Dental insurance
  • Employee assistance program
  • Employee discount
  • Flexible spending account
  • Health insurance
  • Health savings account
  • Life insurance
  • Paid time off
  • Professional development assistance
  • Referral program
  • Retirement plan
  • Vision insurance

Experienced Legal Assistant

This is a hybrid position working out of our Norristown office.

The successful candidate will have a minimum of 4-5 years of relevant experience providing legal administrative support including:

  • New client intake, opening, updating and maintaining client matters and documents in electronic case management and document management software, and paper files as needed.
  • Run conflict checks.
  • Draft, type, format, proofread and edit correspondence and legal documents.
  • Photocopy, scan, file, fax, and mail documents.
  • E-file and/or paper file legal documents with various courts.
  • Maintain attorney calendars with detail and accuracy, including court dates, scheduling client appointments, deadlines, and reminders per firm policies and procedures.
  • Schedule court reporters and couriers.
  • Prepare check requests for attorney reimbursements and client costs, and track and save attorney credit card receipts.
  • Provide backup support to other attorneys and assistants and receptionist as needed.
  • Other secretarial duties as needed.

Knowledge, Skills, and Competencies:

  • Self-motivated team player with strong work ethic
  • Exceptional communication, organizational, and time management skills
  • Strong attention to detail
  • Proven ability to follow-up, effectively prioritize, manage multiple matters and handle heavy workload
  • Excellent computer skills with experience in law practice management softwares and document management systems a plus
  • Experience in Eastern PA counties including Montgomery, Bucks, Chester, Delaware, and Lehigh preferred.

Qualifications

  • A minimum of 4-5 years of experience providing legal administrative support

Benefits

  • 401(k)
  • Dental insurance
  • Employee assistance program
  • Employee discount
  • Flexible spending account
  • Health insurance
  • Health savings account
  • Life insurance
  • Paid time off
  • Professional development assistance
  • Referral program
  • Retirement plan
  • Vision insurance

Summer 1L Robert E. Slota Diversity Program

Every year, High Swartz participates in the Montgomery Bar Association's Robert E. Slota Summer 1L Diversity Program. This summer internship experience provides rich and rewarding opportunities for 1L students. But more importantly, as High Swartz sees it, is an opportunity to provide important real-world insight to law students. If you have any questions or would like to be considered, please contact Nancy Walsh at 215-896-6970 or nancy@tbdnowllc.com.