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  • Home
  • Our Team
    • Ann V. Levin
    • Anthony M. Hoover
    • Heather Willis Lewis
    • Brandi L. Jones-Zellers (Paralegal)
    • Amanda Soule (Paralegal)
    • John Brennan (Financial Director)
  • Family Law Services
    • Divorce Process Options
      • Litigation
      • Collaborative Law
      • Mediation
      • Arbitration
      • Negotiation
    • Divorce Decree
    • Appeals
    • Divorce Asset and Debt Distribution
    • Post-Divorce Alimony
    • Spousal Support During Separation
    • Child Support
    • Child Custody
    • Grandparent/Third Party Custody
    • Prenuptial Agreements
    • Mid-nuptial Agreements
    • Post-nuptial Agreements/Marital Settlement Agreements
    • Protection From Abuse
    • Financial Disputes Between Unmarried Individuals
  • Resources
  • Fees
  • FAQ
  • Contact Us
  • Schedule Appointment
  • Existing Client Login

FAQ

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Process Questions

Do I really need a lawyer, my spouse and I agree on everything?
Divorcing spouses should consult with an attorney before signing anything. Once a divorce decree is entered there is usually nothing that can be done if assets titled in individual names have not been divided. These assets often include 401k, pensions and IRAs. Important rights regarding property division and support can be waived depending on the terms of the divorce agreement, and/or whether a divorce decree is entered without an agreement.
Can my spouse and I share the same lawyer?
No. Ethically, lawyers are prohibited from representing both parties to a divorce action. If only one spouse retains a lawyer, that lawyer cannot provide legal advice to the party without lawyer representation.

Divorce Questions

I don’t want a divorce, can my spouse force the issue?
If you do not wish to be divorced, your spouse can only force the issue if he/she has a basis for a divorce based on fault grounds. Although fault grounds still exist in Pennsylvania , people rarely file for divorce on fault grounds today, even if one or more fault grounds actually exist. Most divorces are based on no-fault grounds, and unless both spouses agree, the divorce cannot move forward until one year of separation has passed.
What establishes “separation”?
If one spouse moves from the joint residence, separation is fairly clear.

If the couple continues to reside under the same roof, the date that one spouse files a divorce complaint will generally be the date of separation

It is also possible to be separated while still living together, even if a divorce complaint has not been filed. These situations require the specific facts and circumstances to be reviewed and on occasion, a court hearing is held so that a determination of the separation date can be made. The date of separation has impact on assets and debts and should be reviewed with a lawyer.

Does Pennsylvania law require that assets and debts be divided 50/50 in a divorce matter?
Pennsylvania law requires that all assets and debts be “equitably” divided not “equally” divided. The percentage may be different than 50/50. Further, every asset might not necessarily be divided but rather some may be given 100% to one spouse and the value of those assets will be offset to accomplish the overall percentage distribution intended.
What if a spouse refuses to divulge information on assets and debts in a Pennsylvania divorce matter?
A spouse will be required to provide information and documentation through a process called discovery. Discovery is not automatic and the party seeking information will need to follow the rule of civil procedure.
What happens to retirement assets in a Pennsylvania divorce matter?
Unless excluded by agreement, all assets acquired during the marriage, and the increase in value of non-marital assets, including retirement assets, are subject to division in a divorce. Retirement assets are not considered in a vacuum, and the division of retirement assets depends on the distribution of other assets.
What happens to the marital home in Pennsylvania divorce matter?
There is no single answer. Either party may receive the house or the house may need to be sold. The spouse receiving or keeping the marital home will be required to remove the other spouse from the mortgage by paying it off in full, assuming the mortgage or refinancing it.
Is alimony awarded in every Pennsylvania divorce matter?
No. Alimony is not awarded or appropriate in every case. Pennsylvania law defines alimony as a “secondary remedy.” This means that alimony may be awarded in divorce matters where the distribution of assets is not considered sufficient.
Who pays the attorney’s fees in a Pennsylvania divorce case?
The law does not provide for one spouse to be automatically forced to pay the attorney’s fees of the other spouse. In appropriate cases, the court has authority to award attorney fees at various stages of the divorce proceedings.

Support Questions

How is Pennsylvania child support calculated?
Child support guidelines are set forth in the Pennsylvania Support Code. The amount of support is primarily based upon the number of children, the income of the parties, and the number of overnights the children spend with each parent. There are many factors that can impact child support.
Will child support be ordered in Pennsylvania if the parties have a 50/50 custody arrangement?
Having 50/50 physical custody schedule does not negate child support payments. However, having 40% or more of the overnights does result in a reduction of child support. If the income of the parties is similar, the amount of child support may be minimal or none at all.
Is the recipient of child support in Pennsylvania required to report how the child support was spent?
Pennsylvania does not have an automatic mechanism to require a party to identify how the child support was spent.
Do step-parents pay child support in Pennsylvania?
Generally, step-parents do not pay child support. However, there is a legal theory called “parental by estoppel,” wherein a step-parent may be required to pay child support in certain limited situations.
How is Pennsylvania spousal support calculated?
Pennsylvania has guidelines for the calculation of spousal support which are set forth in the Pennsylvania Support Code. This is primarily based on the income of the parties. There are many factors that can affect the amount of spousal support.
Are there defenses to the payment of Pennsylvania spousal support?
Yes. Pennsylvania has a number of defenses to spousal support. However, even if there is a defense applied, the spouse with lower income may request alimony pendente lite, which is calculated using the same formula as spousal support.
What is Pennsylvania “alimony pendente lite”?
Alimony pendente lite means alimony pending litigation. This is calculated using the same formula as spousal support, but requires the filing of a divorce complaint.

Custody Questions

How do courts decide custody of children?
Pennsylvania courts make decisions regarding custody based on the best interests of the child. Although there are specific factors set forth by statute, anything that has an impact on the child can and should be raised. Generally, the courts want the child to have as much access to both parents as possible. Sometimes there are issues in a family that make limiting contact with a parent necessary, such as criminal history, domestic violence, drug and/or alcohol abuse.

Levin Hoover Fee Questions

Does Levin Hoover require a “standard” retainer?
Levin Hoover requires a retainer, but not a “standard” retainer. Family law cases are not standard. Each case is different. During your initial consultation, you will discuss the initial retainer required to hire Levin Hoover.  For example, if your case involves complex legal or factual issues, or requires multiple court appearances, the retainer will be higher.
How do flat fees work at Levin Hoover?
Levin Hoover provides a list of services that are offered at a flat fee at the initial consultation.
How do I retain Levin Hoover?
Provided there is no conflict, at or after the initial consultation, you will sign the engagement letter and pay the retainer.

Client Portal Questions

How does a client access their portal?
After a client has retained Levin Hoover Family Law Firm, the client will be sent an email with instructions to create their client portal account.

Have more questions?

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Levin Hoover Family Law Firm

About us

Levin Hoover Family Law Firm focuses exclusively on family law, including areas such as divorce, child custody, alimony, business valuations, spousal and child support, grandparent custody, prenuptial agreements, mid-nuptial and post-nuptial agreements, asset and debt distribution and more.

    Levin Hoover Family Law Firm

    • 1035 Mumma Road, Suite 103
      Lemoyne, PA 17043
    • 717-525-7711
    • 717-344-5408
    View the profile of Pennsylvania Family Law Attorney Ann V. Levin
    View the profile of Pennsylvania Family Law Attorney Anthony M. Hoover

    Lancaster Office

    • 45 East Orange St.
      Lancaster, PA 17602

    By Appointment Only

    All Mail and Service of Documents Should be Directed to Lemoyne Office

    Keeping You “In The Know”

    • May a spouse transfer an asset to avoid division in a Pennsylvania Divorce?
    • Are you liable for your spouse’s credit card debt in a Pennsylvania Divorce?
    • How is debt handled in a Pennsylvania Divorce?
    • Are Assets and Debts Divided 50/50 in a Pennsylvania Divorce?

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