Divorce

Divorce Lawyer in State College, PA

Divorce is a life-altering decision that often brings uncertainty, fear, and many unanswered questions. Whether you are just beginning to consider divorce or are already in the legal process, understanding what lies ahead can help you face the future more confidently. At Topinka Law, we are here to guide you through each step, providing clear answers and practical solutions tailored to your unique situation. Our experienced family law attorney understands Pennsylvania divorce laws and how tumultuous a divorce can be. We serve clients throughout Pennsylvania, and our founder is also licensed in New Jersey.

What to Expect in the Divorce Process

Understanding the divorce process can help you feel more prepared and less overwhelmed. While every case is unique, most divorces follow general steps. Knowing what to expect at each stage can ease some of the stress and help you make informed decisions.

Filing for Divorce

The process begins when one spouse files a petition for divorce. This legal document, often referred to as a “complaint” or “petition,” outlines the basic details of the marriage, the grounds for divorce (if applicable), and the relevant issues, such as child custody, child support, spousal support, or marital property division.

Temporary Orders

While the divorce is pending, the court may issue temporary orders to address immediate concerns. These orders help to create stability during a turbulent time and may cover such matters as:

Child Custody and Child Support

Establishing where the children will live and who will provide financial support during the divorce proceedings

Use of Property

Determining which spouse will stay in the marital home or have access to vehicles and other shared assets.

Spousal Support

Determining which spouse will stay in the marital home or have access to vehicles and other shared assets.

Discovery

The discovery phase is when both parties gather and exchange information about assets, debts, income, and other relevant factors. Some of the pertinent issues during discovery include:

Financial Documentation

Tax returns, bank statements, and pay stubs

Property Appraisals

Real estate, vehicles, or other significant assets

Negotiations

Once discovery is complete, negotiations typically begin. Finding common ground through negotiations can save significant time and legal expenses. You also maintain greater control over the outcome rather than leaving key decisions to a judge.

However, some divorce proceedings are so contentious that negotiations break down. When that happens, you need an experienced divorce attorney to advocate on your behalf.

Finalizing the Divorce

Once the divorce is final, both parties must comply with the terms of the decree. There are two ways to complete the divorce process:

Settlement Agreement

If the couple cannot agree on all or some of the terms, the case goes to trial, where a judge decides the unresolved issues. This process can be emotionally and financially taxing, but it may be necessary in contentious divorce cases.

Trial

How Long Does a Divorce Take?

The length of divorce cases varies widely, depending on factors such as the complexity of the issues, the level of conflict between spouses, whether it is an uncontested divorce, and the court’s schedule. Contested divorces, in which one or both spouses have issues about property or alimony, can take much longer. It might take several months or over a year for both parties to finally settle.

What Happens to Your Assets and Debts?

One of the biggest concerns in a divorce is what happens to property, savings, and debts. Divorce requires dividing what you and your spouse have obtained during the marriage. Marital property is the assets and debts acquired during the marriage. These are subject to division and often include:

Homes and other real estate
Cars, RVs, and other vehicles
Joint bank accounts and investments
Retirement savings and pensions
Credit card debts and loans

Separate property, such as assets owned before the marriage, gifts, or inheritances, may remain with the original owner. However, determining whether an asset is marital or separate can be complex, especially when it involves shared accounts or commingled funds.

Hidden Assets

Sometimes, one spouse attempts to hide assets to avoid having to share them in a divorce. A qualified divorce attorney can uncover hidden accounts, property, or income streams and seek a fair division of assets and debts.

Children and Custody Issues

For parents, concerns about custody and parenting time often take center stage. Courts try to act in the child’s best interests when determining custody arrangements, taking into consideration:

Emotional and physical needs of the child
The child’s safety if domestic violence, alcoholism, or drug use is ongoing
Each parent’s ability to provide a stable home
The child’s existing relationship with both parents

Parenting Plans and Co-Parenting

At Topinka Law, we advocate solutions prioritizing your child’s well-being while respecting parental rights. Creating a clear parenting plan is essential for minimizing conflict and ensuring stability for your children. These plans address:

Where the children will live
Schedules for parenting time
Holiday and vacation arrangements
Approved caregivers other than parents, such as grandparents

Spousal Support: What to Expect

Spousal support is another concern for divorcing spouses. During the divorce, one spouse may need temporary financial support to cover living expenses or legal fees. This ensures that neither party faces undue hardship while the case is ongoing.

The court determines the amount and duration of alimony by considering:

Each spouse’s earning capacity
The length of the marriage
Contributions to the household or career sacrifices made during the marriage

How Topinka Law Can Help with Your Divorce

No two divorce cases are alike. We take the time to understand your situation and develop tailored strategies that align with your case requirements:

Aggressive Representation

For high-conflict situations involving contested custody or significant assets

Collaborative Approaches

When negotiation or mediation is possible, saving time and reduces stress

Customized Solutions

For unique circumstances, such as business ownership or blended families

Our firm’s founder, attorney Barbara Topinka, graduated with honors from William Paterson University with a B.A. in Political Science and earned her law degree from Liberty University, where she excelled in Family Law. She received the Juvenile & Family Law Award and the Family Law Section Award from the Virginia State Bar Association. Additionally, she served as a Court Appointed Special Advocate (CASA), earning recognition for her outstanding contributions.

Contact Our Divorce Lawyer at Topinka Law to Learn More

Divorce is an emotionally volatile life event with long-term consequences for you and any involved children. An experienced divorce attorney can offer perspective and help you understand your rights under Pennsylvania divorce law.

Even if you believe you can handle all the paperwork yourself, or if your spouse has presented you with a marital agreement document that “looks alright,” don’t try to handle your divorce on your own. You need a seasoned family law lawyer looking out for your and your children’s rights. Contact us online for legal guidance and a confidential consultation about your case.

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