No-Fault divorces are available in two situations, both of which are based on the premise of an “irretrievable breakdown” of the marriage.  This basically means that marital difficulties exist and that there is no reasonable prospect of reconciliation.  The first way to obtain a no-fault divorce is when both parties agree to the divorce and execute all of the necessary paperwork.  The second is when one party does not consent to the divorce, but the parties have lived separate and apart for at least two years.

The question for today revolves around whether it makes sense for a spouse to file for a Fault Divorce.  In a fault divorce, the party asserting the fault ground must prove to the Court that the action occurred.  Clear and convincing evidence of an “opportunity and inclination” to have an affair prior to separation is required to prove adultery.  To prove indignities, a spouse must show that the course of conduct was humiliating, degrading and inconsistent with their own position.  All in all, a separate hearing is required to prove this to the Court.  Therefore, having your attorney present and taking off from work is required to prove that your spouse wronged you.

What are the benefits to the Courts finding fault?  Well, simply put, there aren’t many.  Fault is irrelevant for purposes of the equitable distribution of marital property, and only has a very limited role in support matters.  It cannot be denied that it is a factor that the Courts look at when determining support.  However, the Courts generally consider the reasonable needs of each spouse, in accordance with the lifestyle and standard of living established by the parties during the marriage, as well as the obligor’s ability to pay.

With all of this in mind, the emotional toll that a divorce takes upon the parties involved will only be exacerbated by proving fault.  However, some spouses believe that proving fault vindicates them and allows them to move on in their own life.

Most divorces in Pennsylvania are now processed using No-Fault grounds in order to save money on filing fees and attorneys’ fees, while avoiding the emotional toll that a Fault divorce provides.  With that being said, at Crosson Law Office, I am understanding as to the specific needs and desires of my clients and will help steer my clients in the right direction when it comes to their divorce.  No matter what, I am here to protect your rights, while remaining compassionate to your situation.

The best piece of advice anyone can give a parent worried about their rights during the holidays is to plan ahead.  If you are able to work out a plan or custodial visitation for the holidays, it is always encouraged to get it in writing.  Relying on an oral agreement from your ex is never the best idea.  As they always say, an oral agreement is as good as the paper that it’s written on.  (aka, yeah… don’t do it!!)

When you are able to get it in writing, some parenting plans and visitation schedules provide for alternating holidays year by year.  For example, one parent may have the children for Thanksgiving, but not Christmas.  However, the following year, that parent would have the children for Christmas, but not Thanksgiving.  Another option, which I often proffer to my clients, is that the holidays are split.  For example, one parent has the children Christmas Eve from 6 p.m. until noon on Christmas Day when the other parent picks the children up at noon and retains custody until the following day at 6 p.m., when the normal schedule goes back into play.  Either way, many different options exist.

Problems often arise when there is no Order of the Court or an agreed upon parenting plan.  In such instances, the parent who has been exercising custody on a full time basis doesn’t want to give up the kids for any holiday.  This is especially true when parents are at odds with each other.  Unfortunately, without an agreement or court order, not much can be done so close to the holidays.  However, this doesn’t mean that you have to give up all hope.   If you are unable to secure a visitation schedule, be sure to call your children to wish them a happy holiday.  This shows your children that you care and let’s them know that you would love to be with them to celebrate. 

In difficult times such as these, just remember that it’s not all about you, but rather it’s about the children.  Remember to focus on the feelings of your children, not your own.  Your own feelings of guilt, loneliness, or anger should never be forced upon your children.  If you are with your children, be sure to relax and have a meaningful time with your children.  Also, be the “bigger” parent and encourage your children to contact the other parent to wish them a happy holiday.  If you are not with your children, spend the holidays with friends and family and focus on all of the other relationships, values, and traditions that are important to you during the holidays.  The holidays can be rough, but with the proper mindset, can still be enjoyed.

We all know the story of the Pilgrims and Native Americans holding the first Thanksgiving feast in 1621, but are you aware that the settlers in Virginia actually held a Thanksgiving feast in 1619  at the Berkeley Plantation?  In fact, the settlers original charter required that they set aside a day to give thanks.  However, due to to the harsh conditions and various other factors, this tradition amongst these settlers did not persevere.

Therefore, credit is given to the Pilgrims and Native Americans in Plymouth Meeting for celebrating the first Thanksgiving.  As we know, upon settling in Plymouth Meeting, the Pilgrims were hit with very hard times as half of the original settlers failed to survive the brutal weather and diseases that the “New World” contained.  Fortunately, the following season’s harvest was so bountiful that the Pilgrims decided to hold a 3 day feast for celebration and thanksgiving.  The Native Americans were invited to participate to show appreciation for helping the colony survive the harsh weather that Massachusetts is so known for.

Looking back upon the history of Thanksgiving, I often ask myself, if they could do it then, why can’t we do it now?  Why can’t Americans accept those who, no matter skin color, religion, sex, etc, have helped us in some way or fashion and be thankful.  When I first moved to Philadelphia, I truly was hit with a major culture shock.  My hometown of Palmyra, Pennsylvania isn’t the most diverse place to grow up and Dickinson College, my alma mater, prides itself on our diversity, but we’re not inundated with it unless we, as students, choose to be.  Ohio Northern University, (law school) is a totally different story… Moving to Philly though, I found myself working with blacks, Hispanics, Asians, homosexuals, transgendered persons and I realized one thing;  We’re all human!  I am so very thankful that I moved to Philadelphia so that I could learn more about everyone’s culture, religions, thoughts, desires in life, etc.  I have developed so much since moving to Philadelphia that I can barely fathom what my life would be without this experience.  I use what I learn every day in my practice and in my personal life.  I work with everyone from the poor to rich with issues that are affecting their lives and I don’t care what they are/were or want to be.  I just want to help them!!

That’s enough about that, here’s my list of what I am thankful for:

1. my family (which is constantly expanding) and their constant support,
2. the many soldiers and veterans who have risked their life for my freedom,
3. my many friends who have also shown me lots of support (even though doing so with a lot of friendly ribbing),
4. my mentors who have shown me the path in the legal field, including what pitfalls to avoid,
5. Solosez and the NUMEROUS attorneys willing to give advice or make me laugh when it was needed,
6. my professors and teachers who told me that I could do anything I wanted to do,
7. the professors and teachers who told me that I would never become a successful lawyer (thanks for the extra push), and finally
8. my wonderful clients who have put their trust in me to provide them with the best legal advice and services that one can offer!

Without all of you guys, Crosson Law Office wouldn’t be successful!!  Thank you again and as I eat Thanksgiving dinner with my family, you all will be in my thoughts!

I will have my phone with me, so if you have a legal question, please do not hesitate to call me at 267-882-2734.

Crosson Law Office is proud to announce that it is officially moving its office to West Mt. Airy.

New Address:
6703 Germantown Ave
Suite 200
Philadelphia, PA 19119

New Telephone:
(267) 882-2734

This provides me with a great space to meet with clients, as well as an oasis away from the home office. I hope that you can come visit me, be it for work or pleasure!