| Divorce Questions & Answers: | Attorney Betty Dillon handles a variety of divorce issues for clients in Bethel Park, Pa and the Pittsburgh, PA area including divorce, separation, custody, support, alimony, marriage, annulment, pre-nuptial agreements, post-nuptial agreements, parental rights, adoption, guardianship and grandparents’ visitation. We take the time to listen to our clients, pay attention to their needs and provide the best possible resolution. The goal is to minimize the stress that being involved in a divorce matter can sometimes cause. When settlement is not possible, Attorney Dillon has the experience and tenacity necessary to fight for your rights. Let her experience work for you. Attorney Dillon’s personal caring service is her approach to handling all types of divorce matters. Her firm and handles all matters including: | Divorce Issues | | | - Dissolution of marriage.
- Spousal support, alimony pendente lite (temporary alimony).
- Protection from Abuse.
- Alimony.
- Equitable distribution of assets Settlement Agreements. |
Child Support | | | - Can explain operation of state-wide child support Guideline.
- Attend conferences/hearings. |
Child Custody | | | - Explain Allegheny County’s Generations Program.
- Work to settle
- Grandparents’ rights
- Interstate issues. |
Common Questions Regarding Divorce Issues Include: | | |  I've been divorced and am about to re-marry. My fiancé wants to adopt my children. How is this done?  Before the children can be adopted the parental rights of their natural father must be terminated. This can be done voluntarily, if he is willing to consent. But if he will not go along, you would have to petition the court to involuntarily terminate his parental rights. The legal standard is quite stringent. You must establish a settled purpose to abandon the children or failure to perform parental duties for at least six months prior to the filing of the petition. The facts of your particular case would have to be carefully evaluated.
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| | My husband and I are living under the same roof only because I can't afford to leave, and he won't. We have 2 children, and he won't contribute toward their expenses. Can I sue him for child support? While it is difficult to get court-ordered support while living together in the same household, it is not impossible. If there is sufficient evidence to make a finding of nonsupport by your husband, the mere fact that you are residing together would not preclude court-ordered support. This would mean that your husband is not paying for the necessities of life, which include housing, clothing, food, school, daycare, activities, etc. Because these cases are very dependent on establishing the facts, you should see an attorney to evaluate your situation.
TOP OF PAGE | | My ex-husband has been paying court-ordered child support. He has now remarried and had another child. He wants to reduce the amount he pays for our children. Shouldn't his first family come first? Under the statewide Support Guidelines, neither the first nor the later family will receive preferential treatment. Calculations are performed to determine the amount of basic support he would owe for the children from each family (even though the second one may be intact). If the obligations added together are fifty per cent or less of his monthly net income, he should not receive a reduction. If the combined obligations for basic support exceed fifty per cent of his income, a proportional reduction may be considered by the court.
TOP OF PAGE | | I've only been married for six months, but I know the marriage isn't going to work. Can I get an annulment instead of a divorce? Annulment is available in only very limited situations. The marriage must be legally "void" or "voidable". Examples of void marriages are where one spouse was still legally married, where one party lacked legal capacity to consent, or where the parties are impermissibly related by blood. A marriage may be voidable if a party was underage, in certain cases of inducement to marry by fraud or coercion, if either party was under the influence of alcohol or drugs (and the action for annulment was commenced within 60 days of the ceremony), or in certain instances of incurable impotence. If any of these circumstances existed, you should discuss the possibility of annulment with an attorney.
TOP OF PAGE | | How would I go about getting a no-fault divorce in Pennsylvania if my husband is willing to cooperate? The first step in obtaining a divorce is the preparation and filing of the Complaint. Once filed, a copy of the Complaint must be served upon your spouse. There is a minimum, mandatory 90-day waiting period, which starts to run on the date of service. After this period elapses, the parties may sign their Affidavits of Consent, which must be filed before a Decree in Divorce can be entered. Once all of the required paperwork has been filed, a judge will sign the Decree.
TOP OF PAGE | | My husband and I are separated, and there is a child support order. Now I hear that he is planning to move from Pennsylvania. How can I be sure that the support will continue to be collected? Under a law entitled the Uniform Interstate Family Support Act (UIFSA), you are entitled to register your Pennsylvania support order in your husband's new state of residence for purposes of enforcement. You will have to provide a transmittal letter requesting registration and enforcement, along with two copies (one certified) of the order; and a sworn or certified statement of arrears. You will also have to provide your husband's name, address, Social Security number, employer and source of income; description and location of property subject to execution; and your name and address and where payments are to be sent. Your husband will be notified of the registration of the order.
TOP OF PAGE | | I've heard something about a parent's losing his or her driver's license for failing to pay child support; is this really the law? Yes. Anyone who owes an amount equal to or greater than three times the monthly obligation, and is not subject to a wage attachment, will be subject to suspension of personal and/or commercial driver's license until the arrears are paid in full, or a court-approved plan is effected, or information is furnished to effect a wage attachment. Professional and even sports licenses are also at risk in cases where payors fall into arrears.
TOP OF PAGE | | My husband and I are divorcing. He is willing to pay me alimony, but what happens if he dies before I do? The general rule is that an alimony obligation ends with the payor's death, absent agreement by the parties, although there have been cases holding a husband's estate liable to continue the payments. If alimony is being paid by virtue of a court order rather than under a settlement agreement, payments will end with the death of the payor. Don't leave this to chance. If you will need continuing alimony after your husband's death, be sure that your settlement agreement imposes this obligation upon his estate; or provide that he irrevocably designate you as beneficiary of life insurance sufficient to replace the alimony.
TOP OF PAGE | | My husband was injured in an automobile accident five years ago, and the case is now coming to trial. We've been separated for two years, but are not yet divorced. Do I have any right to any of his lawsuit proceeds? Because your husband's cause of action in the personal injury case "accrued" during your marriage (meaning that his right to recover came into existence while you were together), any recovery is marital property; and, therefore, subject to equitable distribution. How much you are entitled to will be subject to negotiation or determination by a "master" or a judge; it is not automatically 50%. Be sure your divorce attorney is aware of the automobile case.
TOP OF PAGE | | My husband and I have decided to divorce. We've pretty much come to an agreement on how we're going to divide our assets. Can we both go to one lawyer to save expenses? Ethically, an attorney is prohibited from representing both spouses. It is a conflict of interest. However, while it is not advised, one party can choose to be unrepresented. If you and your husband decide to proceed in this manner, the unrepresented party should at least take a draft of the proposed settlement agreement to a second attorney for independent review. Even in the most amicable of separation discussions, assets might be overlooked, such as a defined benefit pension not yet in pay status. Independent review and advice are also important to assure that the unrepresented spouse won't be able later to successfully open or set aside the agreement. Both of you must be apprised of your rights under the law, and of the meaning and effect of the provisions of your agreement. This can wind up saving money in the long run.
TOP OF PAGE | | My husband and I separated ten years ago. Could he have gotten a divorce without my knowing it? There is "unilateral" no-fault divorce in Pennsylvania. This means that after a two-year separation and establishment of "irretrievable breakdown", a divorce can be obtained without the consent of the other spouse. But there are requirements of notice to that spouse. You would have to have been served a copy of the Complaint, a document called "Plaintiff's 3301 (d) affidavit, and a "Notice of Intention" to obtain the decree, along with a counter-affidavit to enable you to dispute the allegations and/or to raise economic claims. If you receive any documents indicating a divorce has been filed, be sure to see an attorney immediately.
TOP OF PAGE | | I am divorcing my husband because he committed adultery. Will he still receive half of our assets? In Pennsylvania, upon divorce marital assets are subject to "equitable distribution". Equitable does not necessarily mean equal. The Divorce Code lists numerous factors to be considered in making a determination of equitable distribution. Among these are length of the marriage, economic circumstances of each party, standard of living during the marriage, opportunity for future acquisition of assets and income, contributions of each party to the acquisition of marital property, etc. Unfortunately for your situation, "marital fault" is not a factor, so your husband cannot be punished in equitable distribution for his marital misconduct. However, fault is a factor in awarding alimony, so this might offer you some recourse.
TOP OF PAGE | | My ex-wife has primary custody of our children, but they are with me most weekends. She wants to move to New York and take the children. Is there anything I can do? Yes. You can bring the matter into Court where their mother will have to prove that the move will substantially improve the children's quality of life, that her motivation is pure and that an alternative visitation plan can be worked out to foster an ongoing relationship between you and your children. You should see an attorney as soon as possible.
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