Protecting Your Rights: An Overview of Divorce Laws in Pennsylvania

Divorce is challenging in every way. Emotionally, financially, and legally. In Pennsylvania, understanding the complexities of divorce laws is crucial to protecting your rights and ensuring a fair outcome. This article provides an overview of Pennsylvania's divorce laws, focusing on key aspects like child custody, support, and how to find the right legal representation.

Understanding Divorce in Pennsylvania

1. Grounds for Divorce

○       No-Fault Divorce: Parties agree that the marriage is irretrievably broken, or the parties have been separated for one year.

○       Fault-Based Divorce: One party alleges and proves fault grounds like adultery, abandonment, or cruelty.

2. Residency Requirement

○       At least one spouse must have lived in Pennsylvania for a minimum of six months before filing.

Navigating Child Custody

Child custody is a critical concern for parents going through a divorce. Pennsylvania law focuses on the best interests of the child, considering factors like parental duties, the child's preference, and the need for stability.

●       Types of Custody

○       Legal Custody: The right to make major decisions about the child's life.

○       Physical Custody: Where and with whom the child lives.

●       Custody Determination

○       Courts consider many factors, aiming to ensure the child's health, safety, and emotional well-being.

To navigate the complexities of child custody, partnering with good child custody lawyers is essential. They can advocate for your parental rights and work towards an arrangement that serves the best interest of your child.

Dealing with Child Support

Child support in Pennsylvania is determined based on the parents' incomes and the needs of the child. The state has established guidelines to calculate the support amount, ensuring fairness and adequacy.

●       Factors Influencing Child Support

○       Each parent's income

○       Number of children

○       Custody arrangements

For those seeking help in managing child support matters, affordable child support attorneys can provide invaluable guidance and representation, ensuring that the child's financial needs are adequately met.

Finding the Right Legal Help

The success of your divorce case often hinges on the quality of your legal representation. In Pennsylvania, finding top rated divorce attorneys is crucial for navigating the legal intricacies of divorce, child custody, and support.

●       What to Look for in an Attorney

○       Experience in Pennsylvania divorce law

○       A track record of successful cases

○       Compassionate, personalized legal counsel

Get the Help You Need

Divorce is a complex legal process that demands a thorough understanding of Pennsylvania's laws. Whether you are facing a no-fault or fault-based divorce, or dealing with child custody, and/or child support issues, it is imperative to have skilled legal representation. Top rated divorce attorneys can provide the expertise and support needed to navigate these challenges, protect your rights, and work toward the best possible outcome for you and your family.

This blog was originally posted on https://pa4law.com/protecting-your-rights-an-overview-of-divorce-laws-in-pennsylvania/

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Alternative Dispute Resolution in Divorce: Mediation, Collaborative Law, and Arbitration

Navigating the complexities of divorce can be daunting, especially in the culturally-rich landscapes of Pennsylvania—Lancaster County, Delaware County, and Chester County, including West Chester. The legal terrain is evolving, and the emergence of alternative dispute resolution (ADR) can reshape how couples approach the dissolution of their marriage. ADR offers paths such as mediation, collaborative law, and arbitration, each providing unique benefits in appropriate situations.

Mediation: A Path to Amicable Resolution

Mediation is an increasingly popular ADR method, offering several advantages:

●     Facilitated Discussion: A neutral mediator helps you and your spouse communicate and negotiate.

●     Control and Flexibility: You retain decision-making power, tailoring the outcome to your needs.

●     Preserving Relationships: Especially beneficial for co-parenting, mediation fosters a cooperative environment.

Engaging with top-rated divorce attorneys skilled in mediation can significantly aid in achieving a mutually beneficial agreement.

Collaborative Law: Team Approach to Divorce

Collaborative law stands out for its team-based approach:

●     Joint Effort: You and your spouse each have attorneys, but all parties work together towards a resolution.

●     Holistic Support: The process may include other professionals like good child custody lawyers to address specific family needs.

This method emphasizes cooperation over confrontation, aiming for a settlement that respects everyone’s interests.

Arbitration: Efficient and Private Decision-Making

Arbitration offers a more-structured ADR option:

●     Binding Decisions: An arbitrator acts as a private judge, making decisions that both parties must abide by.

●     Speed and Privacy: This method is generally faster and more confidential than traditional court proceedings.

Choosing affordable child support attorneys knowledgeable in arbitration is essential for a fair and efficient process.

Choosing the Right ADR Method

Your decision on which ADR method to choose depends on various factors:

●     Complexity of Assets: The nature of your marital property can influence the choice.

●     Level of Mutual Respect: The degree of cooperation possible between you and your spouse.

●     Family Dynamics: Concerns like child custody and support play a critical role.

Having a proficient attorney who can navigate these methods is invaluable in ensuring a process that aligns with your needs.

The Role of Your Attorney

Your attorney’s expertise and approach are crucial during this transformative period:

●     Understanding Emotional and Financial Stakes: A compassionate attorney who understands the intricacies of divorce can provide significant support.

●     Achieving the Best Outcome: The right legal guidance is key to effectively navigating the complexities of ADR in divorce.

For those residing in Lancaster County, Delaware County or Chester County, including West Chester, expert legal assistance is available to guide you through this challenging time.

Embracing a New Journey

As you embark on this new chapter, know that in appropriate situations, ADR can offer a path to a more-peaceful resolution. Whether through mediation, collaborative law, or arbitration, these methods can provide alternatives to the adversarial nature of traditional divorce proceedings.

For comprehensive support and guidance through your divorce process, the right attorney can make a significant difference. If you are in Pennsylvania, especially in Lancaster County, Delaware County or Chester County, including West Chester, do not hesitate to explore your options. For a detailed discussion and a 30-minute complimentary consultation, please Contact Us.

This blog was originally posted on https://pa4law.com/alternative-dispute-resolution-in-divorce-mediation-collaborative-law-and-arbitration/

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Child Custody and Domestic Violence: Protecting Children in High-Conflict Situations

 

The issue of child custody in the context of domestic violence is both complex and emotionally charged. Ensuring the safety and well-being of your children becomes paramount in these situations. The involvement of domestic abuse can elevate the stakes significantly, adding layers of complexity to the custody process.

The Indispensable Role of a Domestic Abuse Lawyer

In such critical cases, the role of a domestic abuse lawyer is invaluable. These professionals bring a deep understanding and sensitivity to situations where violence has disrupted family life. Their expertise is crucial in:

●     Crafting a protective strategy for your children; and

●     Making sure that the gravity of your circumstances is clearly communicated to the court.

Choosing Good Child Custody Lawyers

Selecting good child custody lawyers is another critical step in safeguarding your children’s future. These experts are adept at:

●     Navigating the complexities of the legal system with a focus on the best interests of your children; and

●     Ensuring the child’s perspective is heard and prioritized in custody disputes.

Addressing Allegations of Sexual Abuse

When allegations of sexual abuse are part of the equation, the expertise of a sex crimes attorney becomes essential. These attorneys specialize in handling sensitive matters with due diligence and precision, focusing on:

●     Disentangling complex allegations to reveal the truth; and

●     Advocating for justice while prioritizing the child’s welfare.

Legal Advocacy in High-Conflict Custody Cases

In regions like Greater Philadelphia, the need for compassionate and knowledgeable legal support in high-conflict custody cases is more significant than ever. Families facing these challenges require more than just a lawyer; they need a dedicated advocate who possesses a deep understanding of the intricacies of family law. Such an advocate is crucial for navigating through the challenging and often turbulent waters of legal disputes, especially when the stakes involve the well-being of children. These legal professionals are not only well-versed in the law, but also empathetic to the emotional turmoil that accompanies custody battles. They bring a balanced approach, combining legal acumen with a sensitivity to the psychological impact on young lives. Their role is pivotal in ensuring that the voice and best interests of the child are at the forefront of every legal decision, providing a beacon of hope and stability in the midst of legal and emotional storms.

Empowering Your Family’s Future

As you strive to provide stability for your children after domestic violence, remember the importance of having the right legal team by your side. The journey through the legal system may be daunting, but with appropriate legal support, you can secure a custody arrangement that aligns with your children’s best interests.

We understand the complexities you face. For a complimentary 30-minute consultation to discuss your situation, contact us today.

This blog was originally posted on https://pa4law.com/child-custody-and-domestic-violence-protecting-children-in-high-conflict-situations/

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What to Do if You’re a Father Who Wants to Gain Custody of His Children

Fathers have just as much a right to obtain custody of their children as mothers do. However, many fathers face challenges when trying to gain full or partial custody of their children. Finding the best child custody lawyer and taking steps to show you are capable of caring for your children can help strengthen your arguments for gaining custody. These tips provide guidance about what to do if you are seeking custody of your children.

Stay Current with Child Support Payments

Although child support does not affect your right to obtain custody of your children, a judge may interpret failing to keep up with payments as a lack of interest in caring for your child. If you have been ordered to pay support, make sure to do so on time. If you and your co-parent have an informal child support arrangement, keep records and proof of payment.

Cultivate a Strong Relationship with Your Child

Regardless of your child’s age or how much parenting time you currently have, it is critical to build and maintain a solid relationship with your child. Communicating regularly, whether by phone, text, videoconference, or in person, shows your child you care about them and keeps you up-to-date on what’s going on in their life. Don’t forget to make time for fun activities and provide emotional support when they need it.  If you have family or close friends in the area, help your child cultivate their relationships with your loved ones as well.

Stay Involved and Attend Important Events

Showing a commitment to supporting the social, educational, and religious aspects of your child’s life can help you make a case for custody.  Parent-teacher meetings, doctor’s appointments, sporting events, school plays, playdates, and birthdays are just a few examples of important activities that can help strengthen your bond with your child and show you are involved in their life.

Keep Records

To demonstrate your involvement in your child’s life, it is a good idea to maintain records of the time you spend with them. Keep a calendar of your visitation schedule and parenting time, your parenting plan, and vacations. You should also document any events or meetings you attend that involve your child. Good child custody lawyers will advise you on exactly what to document and the best way to keep records of your involvement with your child.

Prepare a Space in Your Home for Your Child

All children need their own space where they can spend time relaxing and playing. The court will want to know about how your home is set-up and whether your child has a room of their own. Even if you live in a small apartment, creating a small space for your child to enjoy is essential.

Create a Plan for Your Child’s Needs

Staying on top of all aspects of your child’s care shows that you are dedicated to providing for them to the best of your ability. Write down your plans for their education, child care, after-school activities, and health care. Having a plan for continuing emotional and financial support shows a judge that you are willing to do whatever it takes to give your child a stable and happy life.

Be Respectful

Custody battles are often fraught with emotion and can be very contentious. However, it is vital to show respect to your co-parent and the court. Do not badmouth your co-parent in front of your children or in court proceedings. Judges definitely take your attitude into account when determining custody arrangements, so stay positive and polite.

If you and your co-parent cannot communicate in a civil manner, have your family law attorney handle communications during negotiations and proceedings. It is also important to remember that you and your co-parent share a lifelong commitment to your child, so it is best to make the effort to get along.

If you are a father who is interested in gaining custody of your children, our child custody lawyers offer a free consultation and are happy to answer any questions you may have.

This blog was originally posted on https://pa4law.com/what-to-do-if-youre-a-father-who-wants-to-gain-custody-of-his-children/

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COVID-19 And Other Vaccinations: What Happens When the Parents Disagree?

 

Most parents want what is best for their children, especially when it comes to medical decisions. In recent years, vaccinations have become a controversial subject. So what happens when parents have disagreements about vaccinations? A good child custody lawyer can help you understand your rights and responsibilities as a parent and provide the legal counsel you need to protect your child’s health and interests.

Pennsylvania Rules about Child Vaccinations

Pennsylvania public health rules require children who attend school to be vaccinated against polio, tetanus, diphtheria, whooping cough, measles, mumps, rubella, hepatitis B, and chickenpox. In addition, the meningococcal conjugate vaccine is required for middle-school and high-school-aged children. However, exceptions are allowed for religious, medical, or philosophical reasons. A COVID-19 vaccine is not available for children yet, so it is unclear whether it will be required by the Commonwealth.

How Are Vaccination Disagreements Resolved?

Ideally, coming to an agreement about vaccinating your children would happen outside of a courtroom and be included in a parenting plan. However, if separated or divorced parents cannot resolve the issue on their own, the court will have to become involved. Generally, courts make their decisions based on the child’s best interests. One factor that can affect the amount of say you have in whether your child is immunized depends on the type of custody you have.

When parents have joint legal custody of their children, each parent has an equal voice when making decisions that affect their child’s health, education, religious upbringing, and other important decisions. Typically, if you have sole legal custody, whether you have your child immunized is up to you. However, if one co-parent strongly disagrees with the other about vaccinations, he/she can file a petition with the court. Regardless of which side of the issue you are on, it is critical to have your divorce lawyer advise you on the best way to proceed to safeguard your child’s rights.

Options for Settling Vaccination Disagreements

Judges prefer not to make these kinds of decisions, but in some cases, it is the only way to resolve a dispute. A judge will take different factors into consideration, and may ask for input from a child’s pediatrician. If one parent has sole legal custody of a child, the judge will definitely look at how that decision came to be and why the other parent is barred from making these types of important decisions.

Although compromise may seem impossible, mediation is another way to find common ground before filing a petition with the court. The best custody and child support lawyers are skilled negotiators who may be able to persuade parents to see things in a different light. For example, if you want your child to have all childhood vaccinations, but your co-parent does not, a good compromise could be to agree to a vaccination schedule that is spread-out over a longer period of time instead of vaccinations being given according to a traditional administration schedule.

Another option you may choose to settle a dispute is to go to binding arbitration. In this type of proceeding, a qualified professional such as a family law attorney hears each party’s evidence and arguments and then reaches a final decision by whicht both parties must abide. Unlike a mediator, an arbitrator does not facilitate negotiations. Both parents are responsible for paying the costs of binding arbitration.

If you are concerned about vaccinations or other medical treatment for your child, an experienced Pennsylvania family lawyer can help you fight aggressively to protect his/her rights. Contact here.

This blog was originally posted on https://www.pa4law.com/covid-19-and-other-vaccinations-what-happens-when-the-parents-disagree/

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Failing To Pay For Child Support In The Quarantine? What You Should Know

As unemployment has increased rapidly due to the pandemic and quarantine, you may find yourself struggling to meet child support obligations. Often contested in a divorce, child support is an issue that is both emotional and financial. Parents should know that courts may enforce harsh penalties if you do not make your scheduled payments.

What are the possible consequences?

•    A warrant – civil or criminal – may be issued for your arrest.

•    You may be found in contempt of court.

•    You may be fined, put in jail, or both.

•    If you are still working, your wages may be garnished.

•    If unemployed, your unemployment compensation may be garnished.

•    Your tax refund may be denied.

•    If you own a property, a lien may be placed on it to cover any payment that you owe.

•    Revocation or suspension of your driver’s license, passport, professional license or hunting/fishing/boating license.

Act proactively

Because these penalties are very serious, if you are having difficulty making payments, be sure to take proactive steps rather than just miss a scheduled payment. These may include:

1.    Seek a divorce attorney consultation to discuss your next best steps.

2.    Requesting the local enforcement agency to set up a temporary payment plan to keep you from falling entirely behind.

3.    Go to the court to have support orders revised. Be prepared to show your change in circumstances, such as unemployment or reduced employment. Other reasons the court may consider a change in support orders include a change in custodial arrangements or medical emergency.

There are differences in state laws and enforcement of penalties, but please know that all states are prepared to enforce court-ordered child support, even if one parent has moved to another state. In such a case, federal charges may be brought. In a federal case, the non-paying parent will be required to pay the support owed and may be imprisoned for up to two years. If the non-paying parent is in military service, he or she may be discharged from service.

Support vs. Custody

Good child custody lawyers will tell you that while the courts take child support very seriously, the courts view support as an issue separate from custody. One parent may not restrict court-ordered visitation of a parent who has not paid child support as scheduled. If the court has granted visitation rights, the parent has those rights until the court would restrict or change them. Courts look unfavorably upon a custodial parent who prevents the other parent from having court-ordered visits with the child or children, particularly if it is related to non-payment of support.

A point of law is that the child is the one entitled to receive support from the parent. Parents should not use payment of support or other support-related issues as a weapon against the other parent. The court will look unfavorably on any such behavior.

In a pandemic as we are experiencing, top estate planning law firms will tell parents concerned about their child’s future security to thoroughly review provisions for children. If you do not have a Will,  it is time to contact a lawyer to draw up a Will.

No matter how worrisome your employment situation may be, it is important to act responsibly and seek the advice of a highly experienced child support attorney who can counsel you on your best course of action.

This blog was originally posted on https://www.pa4law.com/failing-to-pay-for-child-support-in-the-quarantine-what-you-should-know/

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Joint Custody Agreement: How to Make it Work for You and Your Child

The facts are clear regarding child custody arrangements: children benefit from substantial and frequent contact with both parents. For this reason, the courts favor joint custody arrangements as long as there aren’t any factors that present a threat of harm to the child (such as substance abuse, child abuse or domestic violence).

To be clear, joint custody refers to both parents sharing the physical care of the child. Each parent will have his or her own household, and the child will travel from one household to the other in a schedule the parents have agreed upon.

Good child custody lawyers point out that the phrase “agreed upon,” is important to keep in mind when living with joint custody. You may not enjoy the interaction with your ex, and you may not be entirely happy with every detail of the agreement, but it is very important to abide by the agreement. A parent who habitually ignores the terms of the agreement is putting himself or herself at risk for a modification to the agreement that curtails or even removes joint custody.

What makes joint custody work? This is generally when both parents:

•    Agree it is in the best interest of the child;

•    Cooperate with each other and can make decisions together;

•    Live fairly near one another to minimize travel time and effort for the whole family;

•    Want to be involved in the day-to-day lives of the child.

Often, the most difficult step is coming up with a schedule that works for both parents. Depending on your work schedules, and your child’s school and activities schedule, you might consider custody schedules such alternating weeks, two weeks each, or every weekend (child lives with one parent during the week and the other parent on weekends). Older children may be included in the decision about what works best for them.

There are more complex shared schedules which may be easier to accomplish with young children and are found to be more psychologically beneficial for them:

2-2-3 is when the child lives with one parent for two days, the other parent for two days, and then alternates a 3-day weekend.

2-2-5-5 is when the child lives with one parent for two days, the other parent for two days, then five days with each parent.

3-4-4-3 is when the child lives with one parent for three days, the other parent for four days, and then spends four days with one parent and three days with the other.

Whatever schedule is agreed upon, your family custody attorney and other experts say the following tips will make it work better for your child.

1.    Do not criticize or belittle the other parent in front of the child.

2.    Remember that the child loves both of you as parents and needs the involvement of both parents.

3.    Any inconveniences that you may experience should not be blamed on the ex or on the child.

4.    Keep the custody arrangement separate from child support issues, good child support lawyers say.

5.    Cherish the time you spend with the child rather than regard it as something you have “won” in a fight with your ex.

6.    If you feel a change in the schedule would benefit the child, set aside any resentments you have with your ex, and discuss the change as a positive for the child.

In any issues regarding divorce or child custody, it’s best to sit down with an experienced Perna & Abracht LLC attorney as soon as concerns arise.

This blog was originally posted on https://www.pa4law.com/joint-custody-agreement-how-to-make-it-work-for-you-and-your-child/

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Child Custody Rights for Grandparents: What to Expect

Although it is often assumed that a child custody dispute is between parents, this is not always true. Grandparents may have very close relationships with grandchildren and may seek visitation rights or even custody of a child. Good child custody lawyers will tell you that this is a change in family law, as state laws granting rights to grandparents didn’t occur prior to the 1960s or 1970s.

Grandparents’ rights to visitation and child custody differ from state to state. In Pennsylvania, a family court may give visitation to a grandparent if:

•    One or both parents of the child has died, or

•    The parents have been divorced or separated for more than six months, or

•    The child has resided with the grandparent for more than a year.

When a Pennsylvania family court considers grandparent visitation, it is obligated to consider whether the visits are in the best interest of the child and whether the visits would undermine the parent-child relationship. In adoption, the grandparents’ visitation rights are ended, unless the adoption is to a stepparent or the grandparent.

Visitation Rights of Grandparents

The underlying concept of grandparents’ visitation rights is that the contact between grandparents and grandchildren is good for the children. As long as the parents agree with this, visitation can be arranged informally and no court decision is needed. If a parent objects and does not have a reason considered valid (see below), states have laws that protect the rights of grandparents, and may even extend to other family members (called “third party” or “nonparent” rights).

Federal law requires courts in each state to recognize nonparental visitation orders from family courts in other states. There is one US Supreme Court ruling that asserts the Washington state nonparental visitation portion of the state statute violates parents’ rights to raise their kids.

Family courts are obligated to ask the following questions when determining visitation rights for grandparents:

•    What is the relationship between the child and the grandparent?

•    What is the relationship between the parents and the grandparents?

•    How recently have the child and the grandparent been in contact?

•    How might the visitation affect the relationship between the child and his or her parents? The American Bar Association recently reasserted the rights of children and parents to have family unity.

•    Will grandparent visits negatively impact the child’s time spent with his or her parents?

•    Is there any evidence or history of grandparent abuse or neglect of the child?

Custody Rights of Grandparents

Granting custody to grandparents is less common than visitation, and the laws which govern granting custody to grandparents tend to be less specific. In a few states, the law considers grandparents as custodians if both parents have died. 

How would grandparents gain custody if a parent is alive and objects to the grandparents’ custody? The grandparents must prove to a family court that the parent is unfit and the child or children would have a better life with them. Good child support lawyers will tell you this cannot be a simple matter of economics (i.e., the grandparent is wealthy and the parent is not), but more of a safety concern for the child such as parental abuse of alcohol or drugs, or parental abuse or neglect of the child.

You may learn more about grandparents’ rights to visitation and custody by sitting down with an experienced family law attorney.

This blog was originally posted on https://www.pa4law.com/child-custody-rights-for-grandparents-what-to-expect/

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What Is a Collaborative Divorce?

A collaborative divorce is a process that some divorcing couples use to work through a divorce without going to court. Collaborative divorce saves money for both parties because the expense of going to court is avoided.

There are other benefits, including saving time, reducing stress for both parties, and fostering an environment where both parties can discuss their goals. It is helpful to learn from professionals who have experienced and helped to resolve disputes with many other couples.

Collaborative divorce works well for couples who agree on some important issues but need help from good child custody lawyers or other professionals in resolving other aspects of the settlement like child custody and/or support or division of property. Both parties must be willing to participate in the collaborate divorce process, or it is likely to fail.

Here’s how it works:

•    You and your spouse each hires your own divorce lawyer. A good divorce lawyer will understand how mediation and negotiation are important to the collaborative divorce process.

•    You meet privately with your own attorney to discuss your goals in the divorce process. Provide your child support lawyer with the parameters that you will accept; for instance, the “ideal” dollar figure you desire for child support and also the lowest figure you can possibly accept. The more informed your divorce attorney is in all matters of property division, child custody and support, the more effective he or she can be in negotiating on your behalf.

•    When you and your lawyer are prepared, you will meet with your spouse and the spouse’s attorney. This meeting will be held in a less-formal setting than a courtroom, such as a conference room. You will likely meet a number of times during the course of the process.

•    Other professionals (examples: an accountant or child custody expert) may be included in these meetings to help resolve particular issues. Although you and your spouse will be paying the fees of these professionals, they are expected to perform in a neutral way that does not bias the outcome.

•    If the process becomes stalled, the attorneys may bring-in a licensed mediator to move it along. A mediator is very experienced in divorce cases, and may be a former judge, a specially trained attorney, or another professional trained in mediation. The mediator works toward reaching an agreement that both sides can accept, and he or she does not favor one party over the other.

•    When you have reached an agreement on all issues, you will be able to file an uncontested divorce. Your attorney will guide you through the simple steps.

If both parties and their attorneys negotiate in good faith, a collaborative divorce is achieved, and time and money can be saved as compared to going to trial. Usually, your attorneys will also negotiate a process for settling any disputes after the divorce is final.

Contact Perna & Abracht for a complimentary consultation if you have more questions about collaborative divorce. We have decades of experience handling divorce cases of all types.

This blog was originally posted on https://www.pa4law.com/what-is-a-collaborative-divorce/

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