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Frequently Asked Questions

Answers from Our York Divorce Attorney

Learn more about the divorce process by reading the following questions and answers, provided by the experienced divorce attorneys at Ilkhanoff & Silverstein. We share over 40 years of combined experience helping families and individuals navigate the complexities of family law and divorce cases. Feel free to call us today at (717) 563-0681 to discuss your situation with us in a free consultation.

What is the difference between "no fault" and "fault" divorces?

A no fault divorce is a divorce in which both parties agree to legally end their marriage, or they have been separated for a period of at least two years. A fault divorce occurs when a spouse has committed a harmful act that is causing the divorce, such as adultery, abuse or other marital misconduct.

What is legal custody?

Divorcing parents need to work out agreements regarding the custody of minor children. This includes both legal and physical custody. Legal custody is the right to make decisions about a child's education, religion, medical care and other important child-rearing matters. Most courts believe it is in the best interests of the child to have both parents involved in making decisions about their child's welfare, and will grant joint legal custody.

Can modifications be made to an existing custody agreement?

An existing custody agreement can be modified if there has been a significant change in circumstances, such as a re-marriage, relocation or the loss of a job. A petition for modification must be submitted to the court, after which a hearing is held where the merits of the request will be decided. The court typically approves a modification if it is in the best interests of the child.

How is spousal support determined?

Spousal support can be worked out between couples prior to their divorce hearing, or ruled on by the court. When it is left to the court to make a final decision in the matter, several factors will be looked at, including the duration of the marriage, the ages and health of each spouse, each spouse's income and future income potential, and the ability of the spouse seeking support to become employable.

Why should I hire a divorce attorney?

Divorces can be extremely emotional, especially if children are involved. They can even become contentious if there are a large amount of assets to divide. A York divorce lawyer can help mediate disagreements and ensure your rights and interests are protected.

Having a competent attorney by your side can also facilitate the entire divorce process. Ilkhanoff & Silverstein has provided knowledgeable assistance to many clients seeking a divorce, enabling them to achieve their divorce goals. Our firm is well-versed in divorce laws, and can provide qualified legal counsel and representation throughout your case.

Contact a York divorce lawyer from Ilkhanoff & Silverstein for capable representation and assistance with asset distribution, support and child custody agreements.

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