Here's How You Can File For a Fault-Based Divorce

 

Although most couples choose to utilize the no-fault divorce process in Pennsylvania, in some cases divorce based on fault grounds is more appropriate. Fault-based divorce sometimes gives a person a sense of vindication if their spouse committed serious wrongdoing. In other cases, someone may choose fault-based divorce to try and get the upper hand in a divorce settlement. Regardless of the type of divorce you are filing, it is important to speak with an experienced divorce attorney who can guide you through the process.

Filing for Fault-Based Divorce in PA

To file for divorce in Pennsylvania, you or your spouse must have lived in the Commonwealth for at least six months. A divorce complaint must be filed with the Court of Common Pleas in the county where you or your spouse resides. The complaint should include reasons why you are requesting a divorce, and any other matters you would like the court to address. A court filing fee must be paid at the time the Complaint is filed. Local divorce attorneys should know the specifics for filing a divorce in your jurisdiction. They can help to ensure all important information is included in your complaint and make sure it is properly filed.

Serving Your Spouse with a Divorce Complaint

Complaint documents and summons must be served on your spouse within 30 days of the date they were filed. Most divorce lawyers use professional process servers to hand-deliver the complaint and summons or in some cases serve the Complaint by Certified Mail. Your divorce can proceed once your spouse has been served with these documents.

Grounds for Fault-Based Divorce

A fault-based divorce must be brought on certain grounds. You can file for this type of divorce if your spouse has:

- Committed adultery or bigamy

- Been cruel to a degree that has made the marriage intolerable, including domestic violence

- Abandoned you without cause for at least one year

- Been convicted of a crime and imprisoned for two or more years

An attorney can evaluate your case and determine which grounds may apply. If you are getting divorced, it is also important to consult with lawyers for wills to help protect your assets and update your estate plan.

Why Should I File for Fault-Based Divorce?

Courts may not consider fault as a factor when dividing property, but it can be considered when awarding spousal support or alimony. Although fault is technically not a factor when a judge is determining custody, certain behavior may affect whether you get custody of your children. For example, if drug addiction is noted as part of the fault grounds in your spouse’s complaint, you may only be allowed supervised visitation with your children.

Some people file for divorce on fault grounds to avoid the no-fault waiting periods so they can end a marriage more quickly. If you believe that your spouse is opposed to the divorce or wants to make your life difficult by contesting the date of separation or the fact that the marriage is irretrievably broken, fault-based divorce may be a more effective option than no-fault divorce.

The dissolution of a marriage can be contentious and complex. The family law attorneys at Perna & Abracht, LLC can help you understand the process and protect your rights.

This blog was originally posted on https://www.pa4law.com/heres-how-you-can-file-for-a-fault-based-divorce/

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How to Recover Compensation in a Dram Shop Claim?

 

Under dram shop law, when bars, restaurants, nightclubs or other establishments serve alcohol to someone who is visibly intoxicated, they may be liable for any damages the intoxicated person might cause. Good car accident lawyers are well-versed in the nuances of all types of dram shop claims and can help you understand how you may be able to recover compensation if you have been injured or have lost a loved one in a drunk driving crash.

Types of Dram Shop Cases

While the majority of dram shop cases involve drunk driving accidents, a business owner may be liable if an intoxicated person assaults someone or injures themselves after leaving an establishment as well.

Most dram shop cases are third-party claims, which means that the victim of the intoxicated person’s actions is the one suing the establishment. In first-party dram shop claims, the patron who was drunk is the one bringing a claim against a bar or restaurant. Unless a first-party claim involves a minor, juries are usually hesitant to award damages to the person who was intoxicated when they were injured.

Social Host Liability

Similar to dram shop laws, social host liability laws allow injured victims to sue the host of a private function if someone who became intoxicated there causes injury or death. In many states, social host liability only applies when a host serves alcohol or drugs to a minor.

Proving Negligence in Dram Shop Claims

To recover compensation in most personal injury claims, a plaintiff must prove that the at-fault party was negligent. An accident injury lawyer may be able to demonstrate negligence by using specific elements of a dram shop statute, including:

- The person serving alcohol knew or should have known that the patron was intoxicated

- The bartender or server did not request proof of age

- An establishment served a patron after closing time

- A certain amount of alcohol was served during the time a patron was there that would have reasonably resulted in intoxication

Bartenders, servers, managers, and establishment owners have a legal obligation to ensure they do not enable intoxicated people to continue drinking, but proving negligence in dram shop claims is challenging.

Damages in Dram Shop Claims

In some states, an injured victim or the loved ones of someone who was killed in an accident may be entitled to additional damages if they can prove that the defendant acted recklessly. In other states, there are caps on the amount of damages that may be recovered in dram shop claims. Depending on the circumstances, types of damages you may recover include:

- Medical bills

- Lost wages

- Pain and suffering

- Loss of companionship and consortium

- Wrongful death damages

Contact an Attorney as Soon as Possible if You Are Considering a Dram Shop Claim

If you believe you have a viable dram shop claim, it is important to act fast. A number of states require you to give notice of your intention to bring a dram shop claim against an establishment within a certain period of time. In some cases, this time frame may only be 60 days from the date of an accident or injury.

Understanding the complexities of dram shop claims can be challenging, but you don’t have to go it alone. Contact a top-rated personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/how-to-recover-compensation-in-a-dram-shop-claim/

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What are the Common Types of Damages in Wrongful Death Cases?

 

Dealing with the loss of a loved one is traumatic. It can be even more painful when someone you love is gone because of another person’s negligence. Depending on the specific circumstances, an injury lawyer can help you hold responsible parties accountable and help you find justice for your loved one by bringing a wrongful death claim.

Wrongful Death Damages

There are three general categories of damages that may be recovered in wrongful death claims: economic, non-economic, and punitive. Damages available in wrongful death claims vary widely by state. Some states place limits on the amount and type of wrongful death damages that may be recovered.

For example, in Pennsylvania, there is no limit on the amount of economic or non-economic damages that may be recovered in a wrongful death claim. However, there is a limit on the amount of punitive damages that may be awarded.

Economic Damages

Economic damages are quantifiable losses a spouse or other immediate family members have suffered due to the wrongful death of a loved one. They may include:

- Medical expenses related to a fatal injury or illness

- Funeral and burial expenses

- Loss of the deceased person’s future earnings

- Loss of benefits such as medical insurance or pension

- Loss of inheritance

- Value of services a victim would have provided to the household, such as cleaning and home maintenance

Putting an accurate value on economic damages in wrongful death cases can be challenging, as there are certain factors that must be taken into consideration, such as the person’s age, health status before their death, and their earning capacity. The best medical malpractice attorneys and wrongful death lawyers know how to properly calculate all types of damages to help make things right for victims and their families.

Non-Economic Damages

Non-economic damages are even tougher to calculate because they involve intangible losses suffered by the family. These types of wrongful death damages often include:

- Mental anguish or pain and suffering of the deceased person’s loved ones

- Loss of guidance, care, advice, and nurturing from the deceased victim

- Loss of companionship, love, and society from the deceased

- A spouse’s loss of consortium

Punitive Damages

Unlike other damages, punitive damages are not intended to compensate a plaintiff, but to punish a defendant for particularly egregious or reckless behavior and to deter them and others from committing similar acts. In many states, punitive damages are not available in wrongful death actions or recoverable against certain entities such as government agencies.

Survival Action Damages

In addition to filing a wrongful death claim, a deceased person’s estate or family members may be entitled to bring a survival action against an at-fault party. This type of action allows the family to recover compensation for damages the deceased person would have been able to pursue in a personal injury claim had they survived.

Top car accident lawyers and other personal injury attorneys typically handle wrongful death claims as well. If you have lost a loved one, contact an attorney to find out your options for recovering damages.

This blog was originally posted on https://www.pa4law.com/what-are-the-common-types-of-damages-in-wrongful-death-cases/

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How Does Domestic Abuse Affect Child Custody cases?

 

Domestic violence is a serious issue that affects millions of families in the United States. In most courts around the country, judges are required to make custody decisions that are based on the best interests of the child. So how does domestic violence affect custody issues? Each case is different and there is no easy answer to such complex matters. Whether you have been a victim of domestic violence or have been accused of it, seeking the counsel of top child custody lawyers is vital to protecting your rights and your children’s best interests.

Domestic Violence and Divorce

Domestic abuse is often a catalyst for a spouse to file for divorce or to leave a relationship. When children are involved and issues of custody arise, things can get ugly. Divorces involving abusive relationships are often contentious and require court intervention. In these cases, the court will determine who will be granted physical and legal custody, which may include either parent or even a grandparent or other guardian. As always, courts evaluate evidence and make decisions based on what is best for the children’s safety and overall well-being.

The Impact of Domestic Abuse on Custody

Whether allegations of domestic abuse are recent or long past, the court may consider all of them. Generally, courts tend to err on the side of caution when granting custody or visitation in cases involving domestic violence. If a judge determines that a parent is a danger to the child or the other parent, custody and visitation may be denied or strictly limited.

Factors Considered By the Court

Although a judge will hear a parent’s allegations of domestic violence, evidence such as a Protection From Abuse Order (PFA), police report, witness statements and other documentation may be required in a custody hearing. It is well worth finding an affordable divorce attorney who knows which type of relevant evidence may help your case.

Typically, courts will consider:

- Whether alleged occurrences of domestic violence had an impact on, or were directed at, the child

- Whether the accused abuser still poses a danger to the other parent or child

- The frequency and severity of the abuse

- Any pending criminal charges against the alleged abuser

- Physical evidence of abuse, including current injuries or photographs

- Any relevant police reports

Custody and Visitation

After the court has considered all the evidence, the judge will make a determination about custody and visitation arrangements. If one parent poses a danger to the child or the other parent, the accused abuser may not be granted visitation at all. A judge may decide to:

- Order supervised visitation

- Revise an existing visitation order, such as revoking overnight visits or requiring supervised visitation

- Order anger management, parenting classes, or domestic violence counseling

- Issue a Protection from Abuse Order (PFA)

- Although it is rare, if both parents are abusive, the court may place the child in foster care or a relative’s care

If you are dealing with domestic abuse and child custody issues, contact a child custody lawyer in Pennsylvania to learn more.

If you or someone you love is a victim of domestic violence, contact the Domestic Violence Center of Chester County at 888-711-6270 or 610-431-1430 or the National Domestic Violence Hotline at 1-800-799-7233 or TTY 1−800−787−3224.

This blog was originally posted on https://www.pa4law.com/how-does-domestic-abuse-affect-child-custody-cases/

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