An annulment is a declaration that what was thought to be a marriage is actually invalid. This is a legal requirement and not like annulments in religion, like a Catholic annulment. There are two types of invalid marriages that all Bucks County divorce lawyers should know: first, those that are invalid from the beginning and second, those that have "curable impediments" to the marriage but are valid until declaration of annulment. An example of the first is a marriage is invalid from the beginning if one party was legally married to another at the time of the marriage (believe me, it happens) to someone else or if one party was unable to give consent to the marriage due to insanity.
The Superior Court of Pennsylvania recently issued a decision in the case of In the interest of: B.C.O., No. 1041 WDA 2013, which prohibited the alleged or putative Father from obtaining a paternity test. The facts of this case are of interest in that typically when the court applies the Doctrine of Paternity by Estoppel, the court’s determination is based upon the conduct of the mother and father.
The conduct which the court is reviewing is whether father has been caring for the child in some manner and if there is an established relationship between the father and the child. Pennsylvania statute 23 Pa.C.S.A. 5104(c) provides that upon motion of any party to a child custody matter, the court shall order the mother, alleged father and child submit to blood test. Prior Court decisions have held that the right to a paternity test in not absolute. Miscovich v. Miscovich, 688 A.2d 726 (Pa. Super. 1997).
The trial court in this case, determined that the Doctrine of Paternity by Estoppel applies to cases in which the alleged or putative father has abandoned the child. The court went on to hold that it should also consider the best interest of child when determining if the doctrine of paternity by estoppel should be applied. If you think you have fathered a child of if you are unsure if you have fathered a child and live in Bucks County, consult with a Bucks County divorce lawyer.
Legal Fees for a Divorce in Bucks County
There are no hard and fast rules as to how much a divorce costs. A Bucks County divorce attorney who is well versed in settling divorces may charge more than another less experienced attorney but the experienced attorney knows the “ins and outs” better and can probably save the client money in the long run. Ideally both spouses should pay attorney and court fees. However, if one spouse is of limited financial means, such as a stay at home mom, he/she may request the other spouse to pay the majority of the cost. Obviously, if the spouses come to agreement on the major issues quickly, the cost will be much less than in a long, drawn out nasty divorce.
Additional Issues
In some instances it may be necessary to retain the services of a financial expert if there are considerable assets, property or debt. If the couple cannot come to agreeable terms and the matter goes to trial then the cost will be higher. Court costs with the Bucks County prothonotary are also a factor to be considered. For an updated list of filing fees for various domestic filings in Bucks County, see the fee schedule.
The divorce process is normally a source of anxiety and stress. When preparing for an initial interview, it would be helpful if you were prepared to produce the following information for your Bucks County divorce lawyer:
- List of assets
- List of your monthly expenses
- Financial information such as:
- Tax returns
- Credit card statements
- Credit reports
- Retirement statements
- Checking/Savings account statements
Agreeable custody arrangements for the children producing this relevant information will result in a productive initial interview concerning your divorce.
It will allow the lawyer to give you advice concerning support, appropriate custody arrangements and it would also help your lawyer to determine an overall division of assets and liabilities. Remember -- try to be focused at your meeting and be ready for additional assignments as your Bucks County lawyer gets your case started.
Grandparent Rights in Bucks County Family Court
Grandparents have the opportunity to seek custody and/or visitation. Grandparents' rights in Bucks County are complicated and required experienced Bucks County family law attorneys to navigate these issues. A grandparent can file for full or partial custody or visitation rights in PA. Partial custody or visitation can be granted if the court deems it to be in the best interests of the child and would not interfere with the child’s relationship with the parents. The relationship that was established between grandparent and grandchild prior to the filing for partial custody or visitation is also considered. Also, if a child lived with the grandparent for twelve months prior and was then taken away by a parent, then the grandparent can file for partial custody or visitation. If one parent dies, the grandparents can file for partial custody or visitation providing the court finds this to be in the best interest of the grandchild.
Grandparent Rights & Issues
A grandparent can file for full custody under some circumstances such as: if the court determines the grandchild may suffer harm due to parental abuse, use of drugs or alcohol, the dependent child lived with the grandparent for at least twelve months and the grandparent provided for the child’s needs, and then was taken back by the parents, the grandparent had a previous relationship with the grandchild that was approved by either a parent or court order. The grandparent must be willing to take care of the grandchild and demonstrate that he/she is concerned about the child’s overall welfare. It is important to note that grandparent custody rulings are subject to change and can be contested by the parent(s).
Bucks County Divorce Mediation
Under divorce mediation both spouses consult with a professional skilled in handling divorce matters. These professionals are completely neutral and handle both spouses concerns objectively. The spouses are encouraged to develop their own plan together to deal with issues such as division of property, child custody, and alimony. The meetings with the mediator can take several months, depending on the circumstances of the case. I've used Bucks County mediators in the past and have had mixed results for clients. Picking the mediator can also be a big issue as well as cost.
Frequently, this is not a viable option for most individuals. Attorneys are usually involved to represent the best interests of their clients. Before using divorce mediation, both spouses should decide if they are in the proper frame of mind to deal with each other in a non-emotional manner.
The divorce is final when the judge issues the final divorce decree. The Bucks County judge must sign the decree.
Pro-Se Bucks County Divorce
Under Pennsylvania law, you have the right to represent yourself in any legal proceeding and you do not need a Bucks County divorce lawyer. Going "alone" is known as “pro-se”.
However, this can be very risky as a layperson does not have full knowledge of the legal matter involved and the necessary documents that have to be filed correctly. It may be wise, if you are dead set on going pro-se, that you at least consult with a divorce attorney in Bucks County to find out about the different issues and local rules involved in Bucks. It can help you avoid some serious divorce mistakes, especially mistakes related to retirement.
But, the advice of a qualified attorney can save time, money and trouble in a divorce proceeding. Lastly, you may be giving up rights you are entitled to without even knowing it if you seek to divorce on your own. Sometimes, hiring a lawyer actually makes you money because they discover you are entitled to certain things that you otherwise did not know.
Bucks Relocation
In Pennsylvania, Statutory Law and case law may permit one parent to relocate with the children out of the jurisdiction for certain specific reasons. Pursuant to 23 Pa.C.S.A. 5337(h), there are ten criteria that a Bucks County Court must consider when a parent seeks to relocate with the parties children.Relocation is generally considered a physical move of one parent to a location that renders the current custody arrangement unmanageable. This can be a move within Bucks County, across Pennsylvania, to another state or to a different country. In most relocation cases the Court will appoint a Bucks County Custody Evaluator to give a recommendation as to the viability of the relocation and more specifically the potential impact the relocation will have on the relationship between the children and the non-relocating parent.
Additional Issues in Bucks County Relocation Matters
Because of the complexity of this issue, a parent intending to relocate should retain a Bucks County divorce lawyer experienced in these type cases as the statute requires the relocating parent to provide very specific notice to the non-relocating parent. If you are considering relocating with your children, please call our office to schedule a consultation to discuss the facts pertinent to your case and how best to proceed.
Legal custody in Bucks County requires each parent to keep the other fully informed of all information concerning their child/children. This includes, but it not limited to, advanced information on appointments with teachers or other caregivers concerning the child/children. Each party is to have the ability to receive copies of any report given to either parent.
Legal custody requires that both parents are able to participate in medical or psychological treatment for their child/children and receive these reports including medical, psychological, mental health records, school records and others. This also includes advance notice of practices and games for extracurricular and school activities.
Finally, legal custody is usually shared jointly by both parents, although it may be negotiated different by a Bucks County divorce lawyer. But, normally, both parents must have equal input to the development of their child/children through legal custody.