Property Settlement,
Child Custody and Support

Regardless of whether you agree to a no-fault divorce or are involved in a disputed divorce, there are three basic areas which require the advice of an attorney: identifying and dividing marital assets, determining child custody, and establishing child and spousal support.

Property Settlement

Except for minor exceptions, everything accumulated during the marriage is considered marital property and must be divided equitably. All assets must be identified and evaluated including real estate, automobiles, savings and investments, pensions and retirement plans, business holdings, antiques and other valuable assets. Then, all debts must be considered and also divided equitably. This may be a long and very contentious process. The family law attorneys at Lepley, Engelman, Yaw, & Wilk are particularly adept at making sure you receive your fair share of your assets.

Child Custody

For custody disputes, the welfare of the child or children is paramount. The court considers the stability of both parties, the ability to properly care for the child and maintain a safe and secure environment, and also at times the wishes of the child.

There are two divisions of child custody:

Physical custody can be: shared, where each party spends significant time with the child; primary, where one party spends the majority of the time with the child and the other party has partial custody; supervised custody, where an agency or adult is named by the court to monitor visitation; and sole custody.

Legal custody is either shared, with both parties making major decisions for the child, or sole, where one party makes all the decisions.

When determining custody, the family court considers many aspects of the family's life: which party is most likely to foster contact between the child and the other party, quality of parenting, availability of child care, stability in the child's life, the history of each parent with physical, drug or alcohol abuse, and more.

Support

This includes spousal support and, where children are involved, child support. The Court uses a formula to determine support which considers the income of both parties, whether the child custody is shared, partial or sole, and other financial aspects.

In each of these areas, you need an attorney who will fight for your rights and help you through the emotional turmoil of divorce. The Family Law attorneys at Lepley, Engelman, Yaw & Wilk have a very successful record of resolving these disputes in favor of our clients.

If you are considering a divorce, contact us for a consultation.

To learn more about new Child Support Guidelines, click here.

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