Practice Areas - Russell, Krafft & Gruber LLP - Lancaster, Ephrata, Willow Street - Pennsylvania
Practice Areas - Russell, Krafft & Gruber LLP - Lancaster, Ephrata, Willow Street - Pennsylvania
Gary G. Krafft
The attorneys at Russell, Krafft & Gruber, LLP offer
years of dedicated representation of family law clients. We are experienced
in all domestic areas including divorce, support, custody and adoption.
We understand not only the legal complexities involved in these areas
of law, but also the emotional toll these personal issues can take on
our clients. Our attorneys will strive to resolve your domestic relations
matters quickly and effectively.
Following are some commonly asked questions about:
The length of time necessary to finalize a divorce varies upon the
circumstances of each particular case. In general, if the parties have
agreed upon the division of their property and agree to divorce, a divorce
can be obtained within one to three months. If the parties have not
been able to agree upon the division of their property and one party
does not want to divorce, the process of obtaining a divorce can be
quite lengthy. Individuals should consult professional legal counsel
to determine how the specific circumstances of their divorce will affect
the length of time it will take to obtain such divorce.
What property am I entitled to, and do I receive one-half of everything?
In general, marital property is defined by the date of acquisition.
Therefore, almost everything that is received from the parties' date
of marriage through their separation is considered marital property
to be divided in a divorce proceeding. Of course, there are exceptions
to this general definition of marital property. Additionally, many people
believe that when parties divorce, they are entitled to half of all
assets. While in some cases, divorcing spouses will divide their assets
equally, the Pennsylvania Divorce Code requires the court to consider
a list of factors in determining the percentage of the marital estate
to be received by each spouse. In many cases, the division is not a
50/50 division, but rather some other percentage based on the factors
to be considered by the court. Individuals should consult with an attorney
before agreeing to a distribution of their marital estate.
How do I obtain information about the value of our assets?
In many cases, parties will willingly provide information evidencing
the value of assets. However, if one party is unwilling to provide information
regarding assets, one of our attorneys can assist you with a process
called discovery, during which, the party who is unwilling to provide
information is court ordered to do so within a particular time period.
The discovery process is also helpful in identifying assets which may
have been unknown to the other spouse.
Can my spouse drop my health insurance coverage or change the beneficiary
designations on his or her assets?
In general, spouses are not permitted to remove health insurance coverage
during divorce litigation nor change the beneficiary designations on
his or her assets. While some spouses have been successful in making
such changes, one of our attorneys can assist you in determining the
status of health insurance coverage and beneficiary designations throughout
your divorce litigation.
CUSTODY
When my child turns 12 years old, is he or she able to decide where
they wish to live?
There is no specific age when a child is empowered with the decision
of where he or she wishes to reside. In fact, during custody litigation,
the court may talk with the child who is much younger than 12 years
old. Age is not the determining factor when considering a child's desire
with regard to where they wish to live; rather, the court will consider
many factors, such as their age, maturity, ability to articulate their
position, and the specific reasons why a child wishes to live with one
parent as opposed to another. Generally, the court will not require
a young child to testify in open court, but rather, the court will speak
with the child in chambers with each parent's counsel being present.
Children who are teenagers may or may not be required to testify in
open court.
Can my spouse relocate to another state and take my children?
Pennsylvania state law provides a process by which parents who wish
to relocate to another state with their children may do so, and by which
a parent who wishes to preclude the other parent from relocating to
another state with their children may stop such relocation. Whether
you are a parent wishing to relocate to another state with your children,
or a parent who wishes to preclude the other parent from relocating
to another state with your children, our attorneys can review your situation
and advise you of your rights with regard to being able to relocate
or as the parent remaining to ensure a significant schedule of partial
physical custody.
What custody rights do grandparents have?
In general, grandparents have varying rights of custody of their grandchildren
depending on the circumstances of their relationship with them. The
Pennsylvania state legislature has enacted what is known as the Pennsylvania
Grandparents Statute, which delineates grandparents' rights of custody
under certain circumstances. You should consult with legal counsel in
order to determine your specific rights of custody to your grandchildren
if their parents are unwilling to allow you contact with them.
SUPPORT
How much support am I entitled to receive?
The amount of support an individual is entitled to receive depends
largely on the circumstances of the individual's situation, and more
specifically, upon their monthly net incomes. The Pennsylvania Support
Guidelines provide mathematical calculations which determine the amount
of support an individual is entitled to receive for themselves and their
children. Please contact one of our attorneys to calculate an estimated
amount of support, which would be payable in your situation.
Who is responsible for health insurance coverage and unreimbursed
medical expenses?
In general, health insurance coverage will be the responsibility of
the parent who has the coverage available through his or her employer
at a reasonable cost. Although such parent is required to cover his
or her children and/or spouse on such benefits, the covering individual
will receive a credit for any cost incurred for such coverage. Unreimbursed
medical expenses are the responsibility of both parties in that such
expenses will be divided between the parties based on their percentage
of their combined monthly net income after payment of $250.00 in unreimbursed
medical expenses on an annual basis. If you have questions regarding
health insurance coverage or payment of unreimbursed medical expenses,
you should contact one of our attorneys to review the circumstances
of your individual case.
If I remarry, is my new spouse's income considered when calculating
child support?
In general, the income of the spouse of an obligor in child support
is not considered when determining a basic child support obligation.
However, if the obligated parent asserts that he or she is unable to
satisfy the basic child support obligation and requests a deviation
because of his or her inability to meet living expenses, the court would
then consider the income of the obligor's spouse in meeting their living
expenses.
What is the difference between alimony and spousal support?
Spousal support and alimony pendente lite (APL) are support that is
paid by the spouse with the higher income to the spouse with the lower
income until the date of the parties' Divorce Decree. The amount of
spousal support/APL is determined by a mathematical calculation provided
in the Pennsylvania Support Guidelines and based upon the parties' monthly
net income and child support obligations. Alimony is support that is
paid to a spouse after the entry of a Divorce Decree. The amount and
duration of alimony is based on a list of factors delineated in the
Pennsylvania Divorce Code. While spousal support/APL is payable based
purely on the parties' monthly net incomes, alimony is discretionary
with the court. Therefore, even though one spouse may earn significantly
more than another spouse, alimony may be denied by the court after analysis
of certain factors. If you have questions regarding whether you would
be entitled to spousal support, APL or alimony, please consult one of
our attorneys to discuss the circumstances of your case.
Can my spouse quit his or her job to avoid a support obligation?
No. If an individual is responsible for paying child or spousal support
and that individual voluntarily terminates his or her employment in
order to avoid a support obligation, such individual will be held to
an earning capacity; that is, he or she will be given a hypothetical
income based on their previous earnings, rather than no income.
ADOPTION
How much will an adoption cost?
The expense of an adoption varies with the type of adoption. For example,
in a situation where a biological parent is relinquishing his or her
rights so that a stepparent may adopt the child, the expense of an adoption
is relatively minimal. However, in a case where an adoption is contested
by another party, the cost can be more substantial. If you are interested
in obtaining an estimate of the cost of a potential adoption, please
feel free to contact one of our attorneys to discuss the particulars
of your case.
Can my new spouse adopt my children?
Stepparent adoptions are extremely common and can be accomplished relatively
easily if the biological parent relinquishes his or her rights voluntarily.
A stepparent can adopt his or her stepchildren even when the biological
parent does not voluntarily relinquish his or her rights to the children,
under certain circumstances. Please feel free to contact one of our
attorneys if you have questions regarding your specific situation.
How long will an adoption take to conclude?
The length of time to complete an adoption depends upon the type of
adoption. For example, stepparent adoptions where the biological parent
is voluntarily relinquishing his or her rights to the children can be
completed within approximately 60 to 90 days, depending on the court's
calendar. However, adoptions which include an involuntary termination
of a parent's rights or a contested adoption can take much longer to
conclude.
