If your family is in crisis or in need of legal help, call us. While the emotional side of divorce is difficult enough, you must also make some decisions about how to protect yourself, your home and, most importantly, your children. Your legal rights could be at risk if you do not seek the advice of an experienced attorney. We understand the importance of being able to negotiate an amicable resolution for all concerned. We can help you negotiate a separation or settlement agreement, and to obtain an uncontested divorce in a fast and cost-effective manner. As experienced trial lawyers, we are ready to fight for you in court if necessary. We promise to aggressively advocate for your interests in a contested divorce, marital property division dispute or any other contentious family law matter. Voloshen, Divinsky and Associates can help you with:
- Child custody
- Child support
- Spousal support
- Alimony - alimony pendent lite
- Cohabitation agreements
- Premarital (prenuptial) agreements -- Post nuptial agreements
- Marital and Property Settlement Agreements
We recognize and respect your need for information, as well as for thoughtful, practical advice and understanding. Our main goal is always to help you resolve your legal problems as quickly as possible so you can begin to move forward with your life. Contact us today to learn how we can help you through this difficult time.
When marriages do not end in a fairy tale, the reality of divorce is both frightening and confusing. Experienced matrimonial attorney Marina Divinsky will guide you carefully through your unique divorce/separation process. As a divorce attorney invested in protecting your best interests, as well as those of every member of your family she will personally see to it that your rights are protected. Her ultimate goal in resolution is to secure the best possible settlement for her clients.
Spouses can divorce by mutual consent in Pennsylvania. There are two different ways to do this: (a) via a mandatory 90 waiting period when both parties consent; or (b) via Pa’s one-year separation requirement when the other spouse does not consent.
In the second type, a spouse will need to only wait one (1) year before obtaining a divorce without the other spouse’s consent. Spouses must live apart for the one-year period before one can file an affidavit affirming that the marriage is irreparable. This new change in the law helps couples quickly start the process of dividing assets and moving on with their lives after this difficult time.
Child custody is often a battle between parents concerning who the child or children live with most. Unfortunately, custodial rights of the children are commonly the single most contentious aspect in a divorce which often rips families apart. This sensitive matter is when a personal relationship with your aggressive and driven attorney makes all the difference. Marina Divinsky will work to not only negotiate swiftly and fairly to accomplish the best possible result for the client, but also take time to explain the process step by step.
As an experienced child custody attorney, Marina Divinsky knows how difficult these cases can be, and she brings compassion and expertise to each child custody case to help reduce her client’s stress, diffuse the heightened reactions and accomplish her client’s goals in this emotionally charged situation.
When a divorce or separation occurs in a family with children, the law obligates the parents to provide for their children financially. In Pennsylvania, both parents have the responsibility of supporting their children in proportion to their income through a guidelines system. Children under the age 18 and have not graduated from high school, are entitled to child support. Since Child Support is determined and payments are ordered by the court, an experienced advocate like Marina Divinsky will help guide you through the complicated process.
Income from self-employed parents can be difficult to determine and creates a financial picture that is not accurate. Children’s need for support is also a factor. The formula used by the Courts to determine the amount of support is complicated. But a skilled attorney can argue on your behalf to increase or decrease a support award based on your particular situation. Attorney Marina Divinsky has the experience and knowledge to fight for the rights of both children and parents.
Support and alimony are generally awarded to individuals based on both eligibility and need. Pennsylvania has three different types of spousal maintenance:
-Spousal support: a spouse is eligible for spousal support from the date of separation to the conclusion of divorce. However, spousal support can be met with defenses such as entitlement. So, just because you have filed for spousal support and were awarded an amount preliminarily, it does not mean that you will ultimately receive that award. The award can also be reduced by things such as need and other factors. A comprehensive analysis of the two spouses’ financial picture by an experienced matrimonial attorney such as Marina Divinsky, Esquire will give you the information you need to make the most out of your filing or defense of a spousal support claim.
- Alimony Pendente Lite (APL): Awarded to one spouse while a divorce is pending. APL has no defenses and is awarded as a matter of right! An experienced matrimonial attorney such as Marina Divinsky, Esquire can help you maximize your APL award and also minimize your APL obligation for the payor spouse. APL is also need based – so an attorney’s representation can be the difference in the success of your case.
- Alimony: Alimony is payable after the divorce is final. Following the entry of a divorce decree, spousal support is referred to as Alimony. Alimony is a monetary award on a monthly or biweekly basis to a dependent spouse for a defined period of time, based on multiple factors including: the length of the parties’ marriage, the respective ability of each party to seek gainful employment, and whether the dependent spouse will require any training before being able to rehabilitate and re-enter the workforce, if previously not employed. Also, the ages and health of the parties will be considered. Generally, a short marriage may result in little or no Alimony, while a long marriage where the current earning capacity of each party is disproportionate, may be more likely to produce a longer and higher award. An experienced matrimonial attorney such as Marina Divinsky can help you maximize your alimony award and also minimize your alimony obligation for the payor spouse.
A victim of abuse may file for a PFA order in the Family Division Court against an intimate partner or a family member, such as: spouses or ex-spouses, current or former sexual or intimate partners (including dating relationships), family members related by blood or marriage (including parents, children, siblings), who place another in reasonable fear of imminent serious bodily injury.
Pennsylvania’s PFA Act defines abuse as the occurrence of one or more of the following acts between family members or intimate partners: Attempting to cause or intentionally, knowingly or recklessly causing bodily injury or serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon; and/or the infliction of false imprisonment; and/or physically or sexually abusing minor children; and/or knowingly engaging in a course of conduct or repeatedly committing acts towards another person, under circumstances which place the person in reasonable fear of bodily injury.
Attorney Marina Divinsky will support you if you are a victim and need protection from an abuser. Trial against your aggressor can be one of the most difficult and emotionally traumatizing events one will ever face. An experienced advocate can assist you in navigating this process and protecting your rights to secure a three (3) year Protection from Abuse Order.
While many cases of domestic abuse are serious, people sometimes make false allegations of abuse to affect the outcomes of their divorce or custody cases. When an individual files for a protection from abuse (PFA) order, the alleged abuser can be ordered to leave the house and abstain from contact with the accuser for up to three years, if the order is made permanent. If the alleged abuser violates the order, he or she may be arrested and put in jail. It is best to have an experienced PFA lawyer such as Marina Divinsky represent you and ensure your rights are protected.