Divorce Lawyers and Child Support and Child Custody Attorneys in Reading, PA
Divorce and Separation Agreements
Divorce ranks as one of the most stressful life situations most people could ever face. The PA Divorce Attorneys at the Law Firm of Mogel, Speidel, Bobb, and Kershner are here to guide you through the difficult process before, during and after your divorce. Our Divorce Lawyers in Berks County PA will work with you to devise a plan that is right for your unique situation. Let our Reading Divorce Lawyers guide you through the divorce process to make sure you do not agree to anything that is not in your best interests or simply miss a crucial issue altogether.
Our Attorneys can help you learn more about your rights and options in the state of Pennsylvania. Our goal is to assist you as you deal with the very difficult personal and financial issues involved in the divorce and dissolution of marriage process. The many years of combined experience provided by the PA Divorce Attorneys at the Law Firm of Mogel, Speidel, Bobb will ensure the resolution of your case is handled in the most organized, timely, cost efficient, and effective manner possible.
Common Law Marriage and Divorce
Common law marriage is a union of two people not formalized in the customary manner as prescribed by law but created by an agreement to marry followed by Cohabitation. Common law marriage was established in Pennsylvania until January 1, 2005. If you entered into a Common law marriage before January 1, 2005 your marriage is still recognized as a valid marriage. As of January 2, 2005, common law marriage has been abolished in Pennsylvania.
If you have common law marriage and are looking to get a divorce, our PA Divorce Attorneys at the Law Firm of Mogel, Speidel, Bobb, and Kershner can assist you with gathering the proof you need to show your marriage is valid in the state of Pennsylvania and help you move ahead with your divorce.
Child Custody, Guardianship, and Visitation
Perhaps the hardest aspect of going through a divorce is deciding what will become of your children? We understand that the decision to put an end to your marriage or relationship is never an easy one, particularly when custody of minor children is involved. However, over the long term, putting an end to unhappy and hostile relationships is a choice that benefits everyone. An experienced Pennsylvania child custody lawyer from Law Firm of Mogel, Speidel, Bobb, and Kershner can help you and your former partner or spouse achieve fair and beneficial child custody arrangements.
If you need to determine child custody or visitation issues as you begin a divorce or dissolution of your partnership or marriage, are currently in the process of determining child custody or visitation, or if you are having problems or issues with a court-ordered custody arrangement, the attorneys at the Law Firm of Mogel, Speidel, Bobb, and Kershner can help.
Experienced Child Support Attorneys the Law Firm of Mogel, Speidel, Bobb, and Kershner represent both sides of a child support dispute. We help our client's to either maximize or minimize the amount of child support the court will award. Income and expenses of each parent must be assessed. When parents are scheduled to spend more time with children they may be awarded a larger child support payment. In some instances, determining a person's income is not easy. When people are self-employed, work for cash, and do not represent their income accurately, a forensic expert can be hired to determine true income and expenses.
Child support related expenses must be developed and agreed upon that can include costs for food, clothing, shelter, educational and health care expenses, daycare services, and extracurricular activities. Child support orders may be modified if circumstances of either parent have changed or if the needs of the child are altered. When these circumstances arise our Experienced Child Support Attorneys can step in to stand by your side and renegotiate your child support payments.
The world is filled with children who need parents and with parents who want children. If you are thinking about adoption for your unborn child, your parenting plan is one of the most important, and difficult, decisions that you will ever make. At the Law Firm of Mogel, Speidel, Bobb, and Kershner we can assist you with every step of the adoption process.
The adoption attorneys at the Law Firm of Mogel, Speidel, Bobb, and Kershner can also provide adoption services to hopeful parents and help you become a family. If you are thinking about adopting a child, we can help you understand the adoption process and steps you will need to take in order to have a successful adoption based on your unique circumstances. You can be sure that caring and capable hands will be available to you during your adoption process.
Adoption is a deeply personal choice that requires sound legal guidance. Our Berks County adoption attorneys are happy to help families successfully realize their adoption goals and making adoption dreams come true.
Drafting Qualified Domestic Relations Orders
A Qualified Domestic Relations Order (QDRO) is a court order designed to distribute a pension or retirement account for individuals who have recently gone through a divorce. It must be qualified by the pension administrator of a private employment retirement plan. Federal law requires this step to ensure the order issued by a state divorce court does not conflict with the provisions of the employer's pension or retirement plan. We can assist you in making sure your divorce settlement or judgment contains a provision giving you a right to receive a portion of your spouse's retirement plan. Some benefits include survivorship rights (if your former spouse dies first), disability pension benefits (if your former spouse becomes disabled before retirement), and pre-retirement death benefits.
Be aware many law firms do not handle Qualified Domestic Relations Orders (Dross). This additional step is necessary in order to receive all of the financial compensation ordered in your divorce judgment. As your attorney, we can help negotiate a comprehensive agreement giving you a fair share of all retirement benefits offered under your spouse's plan.
Spousal Support and Alimony
Spousal support and alimony pendente lite is payment by one spouse to the other before the marriage has ended. Alimony is the amount of money one party in a divorce pays the other to ensure their standard of living can be maintained after their marriage has ended.
There are seventeen factors for the court to consider to award Alimony in Pennsylvania. These factors give the court the power to create an alimony award that fits the needs and circumstances of both spouses. Alimony may be awarded on a temporary or permanent basis. Alimony will often continue until a court terminates the support, a spouse dies, or a spouse remarries. The divorce lawyers at the Law Firm of Mogel, Speidel, Bobb, and Kershner can ably assist you with any spousal support and alimony matters.
Division of Property and Complex Division of Assets
Dividing a couple's assets during a divorce in Pennsylvania can get very complicated, even if the separation is amicable. Pennsylvania is a state that practices "equitable distribution" of marital property during a divorce. The first step in dividing marital property is to determine what is marital property. In general, all assets accumulated during the marriage are considered marital property, including homes, cars, furniture, businesses, jewelry, art, investments, retirement and pension plans, and 401(k) accounts.
The goal of every property division divorce is to produce a fair outcome. Our Pennsylvania courts divide marital property and debts based on the principles of equity. It is in the discretion of the court to divide marital property, assets, and debts as it sees fair. If you are considering filing for divorce in Pennsylvania, contact the Berks County divorce attorneys at the Law Firm of Mogel, Speidel, Bobb, and Kershner to find out how we can help you protect your assets during the divorce process.
Domestic Violence and Protection From Abuse (PFA) or Restraining Order
If you or a family member are the victim of domestic violence by a former or present spouse or a partner, you may be in a potentially dangerous situation and The Berks County Domestic Violence Attorneys at the Law Firm of Mogel, Speidel, Bobb, and Kershner. Domestic violence incidents arise in emotionally charged situations such as during a divorce, and these stressful situations can cause one family member to turn against another. Domestic violence comes in many forms and can range from physical and sexual assault, to verbal, emotional and physical abuse, harassment and threats.
Legal remedies are available to you to protect yourself from further physical and emotional harm. Filing a Protection from Abuse Order (PFA) or Restraining Order can get you immediate legal action and protection from an abuser. Your domestic violence attorney can protect your rights and potentially your life. He or she will explain the applicable laws and the legal procedures so that you are comfortable with the legal process. The Berks County Protection from Abuse Attorneys at the Law Firm of Mogel, Speidel, Bobb, and Kershner have experience in handling these cases. We will file the appropriate forms to acquire a Protection From Abuse (PFA) order, which is a civil order that provides protection from harm by family or household members, sexual or intimate partners or persons with whom you have a child in common.
Post Judgment Modifications and Complaint for Contempt
After a case goes to judgment there are circumstances where the case needs to be brought back before the Court. If you have significant and substantial changes in circumstances and a change requires revisiting custody, child support, parenting plan, visitation, alimony, or health insurance coverage the Post Judgment Modifications attorneys at the Law Firm of Mogel, Speidel, Bobb, and Kershner can help.
If one party has failed to comply with the terms of a court order, the appropriate steps would be to file a Complaint for Contempt. Some circumstances to file a Complaint for Contempt include nonpayment of child support or alimony, nonpayment of expenses ordered by the court, non-compliance with transfer of property, or failing to follow a parenting visitation schedule. If your circumstances have changed and you want to modify an existing order, or if your former spouse or partner is attempting to have one modified, we can help. The PA attorneys at the Law Firm of Mogel, Speidel, Bobb, and Kershner are experienced in handling cases requiring post-judgment modifications and contempt charges.
Determining paternity can be essential in resolving your child support, custody, and paternity disputes. The family law attorneys at the Law Firm of Mogel, Speidel, Bobb, and Kershner can help you establish your father's rights by navigating you through this complicated legal process. Paternity must be established through DNA testing to verify fatherhood. After establishing paternity we can also help you file for child support, child custody, and visitation rights as well as keep the mother from relocating with the child if this would adversely affect your visitation rights.
In Pennsylvania, legal parents are required to support their children until they reach the age of 18 or until they graduate from high school. For more information regarding paternity issues and how we can help you, contact The PA family law attorneys at the Law Firm of Mogel, Speidel, Bobb, and Kershner.
Prenuptial Agreements and Postnuptial Agreements
Couples who are planning to marry often enter into prenuptial agreements to clarify the financial rights and obligations of each spouse in the event of a divorce or death. The most common reasons that people seek to sign prenuptial agreements include protecting assets that they had prior to the marriage, protecting assets they expect to inherit, clarifying whether a spouse will be entitled to spousal support.
Postnuptial agreements are contracts that are signed during the marriage. These are often entered into when there has been some sort of change in the marital relationship, but divorce and legal separation is not yet an option for the couple.
These agreements should be drafted with an attention to detail that not only recognizes the laws of Pennsylvania, but also captures the essence of what constitutes an equitable agreement. If you are considering entering into one of these agreements, a skilled PA family law attorney at the Law Firm of Mogel, Speidel, Bobb, and Kershner can help you to properly document your wishes.
Our Berks County Family Law Attorneys can assist you with Prenuptial Agreements, Legal Separation Agreements, Child Custody, Child Support, Paternity, Adoption, and much more.
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