The dedicated legal team of Caputo & Mariotti
Wilkes-Barre Divorce Lawyer
The ending of a marriage is never easy. Even if you and your partner are on amicable terms, issues will always arise that you may disagree with. There are so many factors of your marriage to keep in mind when going through a divorce -- custody of your children, spousal and child support, even outstanding debts need to be split up correctly. You should not handle this on your own.
If you live in Wilkes-Barre and are considering ending your marriage, you’re going to need an experienced divorce lawyer to guide you through the process and make sure nothing is missed. The Wilkes-Barre divorce lawyer at Caputo & Mariotti understands what you are going through and is ready to protect your interests in your upcoming divorce proceedings.
Is It Worth Getting a Divorce Lawyer?
The short answer is yes. In Pennsylvania, you do have the option to get a divorce without the aid of an attorney. And with many couples concerned about finances during the time of divorce, they may think it’s easier to handle the matter themselves rather than seek legal advice from a divorce attorney. However, this can be a costly mistake.
For example, if you have children, there are several factors you need to work out during the divorce such as custody and visitation rights, support payments, decisions about health care and schooling, etc. Even the most agreeable couple will have issues reaching a decision.
How Our Divorce Attorneys Can Help Those Who Live in Wilkes-Barre
There are several reasons for hiring our divorce attorneys, such as:
Establishing Grounds For Divorce
Pennsylvania law requires the grounds for divorce to be determined before pursuing action. This means that the law allows for both no-fault divorces and at-fault divorces.
Conditions for a no-fault divorce are met when one of two of the following situations is met:
- The couple had mutually agreed the marriage is irretrievably broken and over 90 days have passed since the action has been filed; or
- The couple has been living separately for at least two years and one spouse says the marriage cannot be mended while the other does not deny the allegations.
In contrast, fault divorces happen when one or both parts of the couple engage in acts including but not limited to:
- Abandoning the home for approximately one year without cause
- Domestic violence
- Imprisonment for two or more years
Forming A Child Custody And Support Plan
When there are children involved in this process, we all can agree their best interests are the most important. Therefore, divorce lawyers in Wilkes Barre make the plan for child custody and support the first step.
In Wilkes-Barre, there are multiple factors involved when the court approves child support and custody. The main question the court needs to answer is what is in the best interest of the child? The court will then take into account each spouse’s living environment, the health and wellness of the parents, and their relationship with the child. With those findings, a fair arrangement can be determined.
The court will also take into account any plan the parents agree upon when making a decision. So it’s best to speak with an attorney to make sure your desires are met.
Fighting for Spousal Support
Spousal support, better known as alimony, can be a contentious subject between spouses. It provides financial assistance from one partner to another who earns less or no income at all. This allows the spouse to continue living in the same economic lifestyle until adequate employment can be obtained.
It is up to the court to decide whether the spouse is eligible for spousal support. There are a few factors that go into the decision such as:
- The length of your marriage
- The income of both you and your spouse
- Age and physical health of the spouse asking for alimony
- The employability of the spouse
- The quality of the life the couple had during the marriage
Making Sure There Is Equal Distribution of Assets and Debts
Marriage comes with a lot of baggage and that means assets and debts. For instance, consider whatever real estate, financial holdings, and/or material possessions you may have together. You will also need to record any debts the couple may have such as loan payments, medical bills, and credit card debt.
Unfortunately, some spouses may conspire to hide some assets from the proceedings through unusual methods. This is problematic since the parties don’t get an accurate picture of which assets need to be divided.
Our divorce lawyer in Wilkes-Barre will be able to obtain the necessary documents to paint a clear picture of the assets in question. In addition, a good lawyer helps you protect what’s yours and seek out what should be yours. As a result, most divorce cases never see a courtroom since couples find it quite simpler to negotiate.
Caputo & Mariotti is Here to Help With Your Wilkes-Barre Divorce
If you are considering a divorce in Luzerne County, the bottom line is you need experience on your side. Family law firm Caputo & Mariotti has decades’ worth of legal experience in helping our clients. Above all, we want to make sure your interests are always protected. Contact our divorce attorney today for a free consultation.