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Uniontown Office:
92 East Main St., Suite #20
Uniontown, PA 15401
P: 724-438-1616
F: 724-438-1664

Carmichaels Office:
106 Carmichaels Plaza
Carmichaels, PA 15320
P: 724-966-9090
F: 724-966-8080

Family Law

“Family Law” is the term used to describe the area of law concerning relationships amongst family members. It encompasses, but is not limited to, the law of divorce, annulment, spousal and child support, equitable distribution, paternity, and adoption.

Divorce

Unfortunately, divorce is a reality for a large segment of American families. In the Commonwealth of Pennsylvania divorces can be obtained on “no fault” grounds where both parties agree that their marriage is “irretrievably broken” as that term is defined by the Pennsylvania Divorce Code and on certain “fault” based grounds where one party does not consent to the entry of a divorce decree and that party has engaged in certain types of marital misconduct enumerated by the Pennsylvania Divorce Code.

The reality is that putting an end to the bonds of matrimony is just the tip of the iceberg of a divorce case and complex issues concerning the equitable distribution of marital property, custody, claims for child and spousal support, costs, and attorney fees often arise during the divorce action.

If you are contemplating divorce, contact Attorney Goodwin for a free consultation concerning your rights at (724) 966-9090 or (724) 438-1616.

Equitable Distribution

When parties to a divorce cannot agree on how marital property is to be divided amongst the two of them, that decision is submitted to the court or a special master in order to decide how the property will be distributed. Generally speaking, marital property includes all property acquired by either party during the course of the marriage and increases in the value of property owned by the parties prior to marriage.  Often times, marital property includes the parties’ marital home, bank accounts, vehicles, retirement accounts, stocks, bonds, furniture, family businesses, and other valuables. Marital property is subject to distribution by the Court based upon application of the following statutory factors:

  • The length of the marriage;

  • Any prior marriage of either party;

  • The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties;

  • The contribution by one party to the education, training or increased earning power of the other party;

  • The opportunity of each party for future acquisitions of capital assets and income;

  • The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits;

  • The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker;

  • The value of the property set apart to each party;

  • The standard of living of the parties established during the marriage;

  • The economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective; and

  • Whether the party will be serving as the custodian of any dependent minor children.

If you are contemplating divorce, contact Attorney Goodwin for a free consultation concerning your rights at (724) 966-9090 or (724) 438-1616.

Alimony—Spousal Support—Alimony Pendente Lite Claims for Attorney Fees, Expenses, & Costs

Where the earning capacity and/or income of one of the parties is disparate to that of another, then the financially disadvantaged party may be entitled to support before, during, and  even after the divorce action has ended. In addition, the financially disadvantaged spouse may also be entitled to reimbursement for the costs, expenses, and attorney fees he or she incurs in the divorce action.


If you are contemplating divorce, contact Attorney Goodwin for a free consultation concerning your rights at (724) 966-9090 or (724) 438-1616.

Custody

            While divorce and separation isn’t easy on anyone, it’s most certainly hardest on the children who have no say or choice but to live with their parents’ decision. When parents can’t agree on a custody arrangement or where one party seeks to prevent the other from exercising custody, a custody action must be litigated in the courts. The overriding interest in any custody matter is the best interest of the children and issues of legal custody, primary physical custody, visitation, partial physical custody, supervised visitation, joint custody, relocation, are left to the discretion of the court to be determined upon application of the following factors:  

  • The child’s preference;

  • All factors which legitimately impact a child’s physical, intellectual and emotional well-being;

  • Which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the child and the other parent;

  • Each parent’s qualities;

  • The qualities of adult household members living with the parent;

  • Past abuse or violent conduct; and

  • Certain criminal convictions.

If you have questions concerning your custody rights or are being denied custody by another parent, contact Attorney Goodwin for a free consultation concerning your custody rights at (724) 966-9090 or (724) 438-1616.

Protection From Abuse Order (PFA)

Where a party is being abused, stalked, or harassed by a relative, current or former spouse, current or former intimate partner, or the parent of their child then they are probably entitled to a Protection From Abuse Order which is a civil order signed by a judge that can by statute do any of the following:

  • Order the abuser not to abuse, harass, or stalk you, your relatives or your minor children;

  • Order the abuser to be removed from the home where you both live and grant you possession of the home;

  • Award temporary custody or temporary visitation rights of your minor children;

  • Order the abuser to pay financial support (including medical bills, health insurance, rent or mortgage payments) to you or your children;

  • Prohibit the abuser from having any contact with you or minor children, including staying away from your or your child's place of employment or business or school;

  • Order the abuser to turn any of his firearms, other weapons, and ammunition to the sheriff or police, if he used them or threatened to use them during the abuse, and prohibit him from getting additional firearms;

  • Order the abuser to pay you for reasonable losses resulting from the abuse (this may include the cost of medical/ dental care, relocation and moving expenses, attorney and counseling costs, as well as loss of earnings or support);

  • and all other relief the court deems appropriate

Whether the court will grant any of or all of the above depends on the particular circumstances of your case.

At the Law Offices of Benjamin F. Goodwin, Esquire we know you are going through a difficult time and we are there to see you through. With so much at stake, it is imperative that you have effective, knowledgeable, and aggressive representation.    Call Attorney Goodwin  today at (724) 966-9090 or (724) 438-1616 for a free consultation.