Frequently Asked Questions
1. What is Mr. Tamanini’s Philosophy and Background?
2.
What is Family Law? 3. What are my rights in divorce?
4. What is required to retain you to represent me?
Do you accept CREDIT and DEBIT CARDS?5.
I’m sure I want a divorce, should I be doing anything now, before seeing you?
6. My case is pretty complicated, do you handle complex cases?
7. I’ve heard of “No Fault Divorce,” what is it? 8. I just got
divorce papers in the mail, what should I do now? 9. What is
the ADVERSARY SYSTEM used in divorce ? 10. What is the
COLLABORATIVE LAW system used in settlement-oriented divorces? 11.
What counties does your office serve? 12. Consultation fee?
Or Free initial consultation? 13. How long does it take to
get an appointment, and what about evenings and Saturdays? 14.
Can I make my spouse go to counseling under the Divorce law or Custody law?
15. My spouse says that we should both have one lawyer, is that allowed?
16. Can my children’s father or mother keep them from me?
17. Is there such a thing as a Legal Separation? 18. Can I
change my name as part of the divorce? 19. How do I apply for
support for me and/or the children? 20. What about physical
abuse of me or family members? 21. What if I am wrongly
accused of abusing a family member? 22. If I get child
support, must I prove how I use the money? 23. What if I’m
not sure I want a divorce? 24. What if I want to stop my
spouse from divorcing me? 25. How does the law decide how
much I can get in support payments? 26. What is alimony, and alimony pendente lite?
27. Does your office
handle probate of Wills or estates and Living Wills, and Powers of Attorney?
1. What is Mr. Tamanini’s Philosophy and Background?
The Tamanini Law Office's mission is to provide conscientious, aggressive
representation of you within the bounds of the law. We promise uncompromising loyalty and
dedication to you. Along with our mission, Mr. Tamanini has set these priorities for our office: you will always be
treated respectfully, your phone calls will be answered immediately or within
24 hours. Also, you will receive a copy of all correspondence and documents that come in or go out of this office.
Mr. Tamanini has been serving central Pennsylvania in the private practice of law
since 1978.
He regularly takes continuing legal education coursework to maintain and expand his professional knowledge.
Among the coursework he has taken in the last several years were the following: New Rules on Petitions and Motions,
PBA County Bar Conference, Practical Dispute Resolution, Bench Bar Dialogue on Local Rules Cumberland County,
Bench Bar Family Law: 2005 Divorce Code Amendments, Practice Tips from Judges, Interpreting Professional
Custody Evaluations, A view from the Bench, Internet Legal Research, The New Child Custody Laws, Advance Divorce Code Amendments, Mediation in Dauphin County, An hour with the Dauphin
County Court Administrator, New Local rules on Motions and Petitions, Family Law Potpourri, Current Issues for Child
Advocates, Family of Laws/Family Lawyer, Support Practice Update, Bankruptcy/Domestic Relations, Family Law Section
Winter Meeting, Collaborative law and Advance Collaborative law, Divorce Mediation.
Mr. Tamanini is a former Board member of the Dauphin County Bar Association
and a current member of its Court Rules, and Alternative Dispute Resolution committees. He is a member of the Dauphin County Bar Association Family Law Section.
Mr. Tamanini is the founder and coordinator of the Dauphin County Bar Association Divorce
Master Reports archiving service and a member of the Pennsylvania Bar
Association Family Law Section. He is a member of the International Association of Collaborative Professionals,
and a current member and past Executive Board member of the Independent Collaborative
Attorneys of Central Pennsylvania.
Mr. Tamanini is a participant in the Dauphin County Bar Association Pro Bono program
for those unable to afford an attorney. He is a former volunteer mediator for Neighborhood
Dispute Settlement of Central Pennsylvania, which helps solve problems between people without resort to court.
He has been appointed as a Dauphin County Court of Common Pleas Arbitrator.
Mr. Tamanini is familiar with drug and alcohol issues, as well as mental
retardation problems as a result of his work with the Dauphin County Drugs and
Alcohol Advisory Board. He has also been a Board member of the ARC of Dauphin County and is familiar with mental retardation and autism issues,
particularly in children.
Mr. Tamanini has been an Allied Arts Fund Allocation Panel Member.
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2. What is Family Law? Family Law is a specific area of the law
that gives us the rules to solve your problems in situations like divorce,
separation, custody, child and spousal support, property settlement agreements,
alimony and more.
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3. What are my rights in divorce? You do have rights in
divorce. Both of you may have certain duties too. We explain these rights and
duties to you at the first office visit. For instance, parties have the right
to a No Fault divorce with no hearing, if the marriage is irretrievably broken.
There is the right to a fair division of property and real estate. Everyone has
a right to some level of custody or visitation with their minor children. You
may have the right to receive fair income support before, during, or even after
the divorce. You have the right to a fair division of all things of value
that you and your spouse have gotten during your years together after marriage.
Things of value can include money, property, pensions, retirement accounts, and
many other things. You also have a right to fairly divide up debts that you may
have gotten during your years together too.
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4. What is required to retain you and do you take credit cards? First,
we need to meet you at the initial consultation. Each case varies, and after
considering the extent of your particular matter and the services required to
help solve your problems, Mr. Tamanini will quote you an initial refundable retainer fee.
If there is a balance remaining from the retainer fee after you have paid our
fees and costs, the balance is refunded to you.
Yes, We accept MASTER CARD, and VISA. Call the office at (717) 541-1805 to make payment.
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5. I’m sure I want a divorce, should I be doing anything now, or should
I just retain you to file a divorce case? Sometimes it can be important
to prepare yourself for an upcoming divorce before filing papers, or even
announcing your intentions. The reasons can vary from case to case and they may
be for safety reasons or just plain preplanning. Therefore, you ought to devote
time to planning, with your attorney, before taking legal action.
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6. My case is pretty complicated, do you handle complex cases? Yes,
our office’s mission is to help good people at a bad time in their lives. We
truly approach complex cases with a view toward solving problems with
creativity, using the power of the law for you.
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7. I’ve heard of “No Fault Divorce,” what is it? No Fault
Divorce in Pennsylvania includes the most common legal grounds for divorce. If
someone believes that their marriage is irretrievably broken, they can get a
divorce.
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8. I got divorce papers in the mail, what should I do now? Once
you get the divorce papers, you ought to make an appointment to see an attorney
at your earliest opportunity. Since this is how we help people, we want to
serve you.
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9. What is the adversary system used in divorce ? The adversary
or court representation system is one in which each side retains an attorney to
counsel them and represent them in solving their problem. The bottom line is
that the attorney must be willing to represent you in front of a judge, divorce
master, custody conciliator, or support conference officer. Court
representation means that we will represent you in court if necessary. We do
this aggressively by thoroughly preparing the case. This is done by meticulous
analysis of all the facts in your matter, and also preparing you for often
rigorous hearings. With our preparation, you will be ready, more confident and
able to do your best. This will help us present your case. The adversary or
litigation process can end in front of a judge. In this system, you must depend
on and trust your lawyer. With our meticulous preparation, we discover how your
spouse and his/her attorney approach the case. We then take the measures needed
to handle your matter even if the other side is argumentative, and difficult to
deal with. Sometimes when we vigorously stand up for you, and make your case to
the other side, (and sometimes with the threat of going to court) a negotiated
private settlement can be reached.
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10. What is the Collaborative system used in settlement-oriented
divorces? In cases where you want to settle without court, and think
your spouse might agree, Mr. Tamanini is one of about 30 attorneys in central
Pennsylvania who are specially trained in the Collaborative Law Process. This
legal process is for couples who believe they can dissolve their marriages
without the challenges of litigation. Both parties must choose an attorney
specially trained in the Collaborative Process and we have a list of trained
attorneys for your spouse to select from, if you want to move in this
direction.
This is a very special type of dispute resolution; very different from the
adversary court representation process.
It is particularly effective for couples committed to maintaining decent
relationships with each other
during and after the divorce. This may minimize
negative consequences in many ways, especially if you have minor children.
Collaborative law can be used to settle property division, support for children
and a spouse, custody and visitation matters, alimony and any other type of
marital problem.
The goals are the same in both court representation and collaborative process.
That is, to help you deal with the present circumstances, and prepare for the
future. The big difference with collaborative divorce is that it can allow you
and your spouse to reach a
mutually satisfactory divorce settlement instead of
facing the sometimes unpredictable results of a judge-imposed decision in a court of law.
While both resolution processes have proven to be generally effective, some
differences may affect a couple's decision to choose the Collaborative Process
when deciding which would be the most appropriate way to go. For example, there
is the issue of fees and experts. Although few comparison studies have been
conducted comparing the costs of collaborative divorce, the general consensus
is that litigation on average, is more expensive. In Collaborative Divorce, the
parties may split the costs and fees of neutral outside experts, rather than
each paying for an adversary expert to evaluate values of pensions, real
estate, businesses etc. The Collaborative Process can move a complex case from
beginning to end much more quickly. The parties, not the court system, set the
pace on when to move faster, or sometimes even slower.
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11. What counties does your office serve? We help with Harrisburg, Dauphin County,
Cumberland County, York County, Lancaster County, Lebanon County, Snyder County and Perry County divorce cases.
For those individuals who may live far away, but the other side
lives in a central Pennsylvania county, we can also serve as your attorney and will give you
advice on your family problem.
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12. Consultation fee? Or Free initial consultation? We do
charge a consultation fee for each new client inquiry. We believe you get
important value at the consultation. Mr. Tamanini meets personally with you
for one hour to review and evaluate your
family problem. For this confidential and attorney client privileged consultation,
and advice on your family separation or other family problem, we
charge a flat fee of $100, which is payable at this first meeting.
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13. How long does it take to get an appointment, and what about
evenings and Saturdays? We try to schedule the initial consultation
with a you within a week of your call. We will arrange to see you even sooner
if there is an emergency. Your initial consultation will include one hour with Mr. Tamanini.
If you want to set up an appointment now, please call at
(717) 541-1805. You can also leave a message on our confidential voice mail
after hours and we will call you back. After the first visit in the
office, we can set up evening or Saturday morning visits for your convenience.
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14. Can I make my spouse go to counseling under the Divorce law or
Custody law? Ordinarily, outside of a divorce or possibly a custody
matter, courts will not make your spouse go to counseling.
If a divorce action has been filed. The Divorce Code
specifically says that either you or your spouse can make a timely request for
marriage counseling for both of you. However, the maximum number of counseling
sessions that will be ordered is three sessions. After that, neither side can
be compelled to attend.
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15. My spouse says that we should both have one lawyer. Is that
allowed? Legally, an attorney can only represent one person. It is
possible that your spouse doesn’t want to get an attorney. We have worked for
clients with this situation. If you and your spouse have an idea how you’d like
to resolve matters related to divorce you alone retain us to advise you and
prepare documentation for you to present to your spouse.
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16. Can my children’s father or mother keep them from me? The
short answer is emphatically "No!". If the other parent is not being reasonable, and
a decision must be made by a judge, the law requires that all custody and
visitation cases be decided by relying on the "Best Interests of the Children". Today,
in Pennslvania, all courts recognize that some involvement in a child's life by a non-custodial
mother or father figure is usually
in the best interest of the children. If there are issues of drugs, alcohol or
physical/mental abuse, these can severely limit or prevent visitation that one parent
may get. We focus on “parenting plans” which both parents can agree on and take
part in.
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17. Is there such a thing as a Legal Separation? There is no
legal status of being legally separated in Pennsylvania. However, it is
possible for a couple to enter into a binding written agreement which sets out their
rights on everything from living separately, to support
issues, to property division or property rights.
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18. Can I change my name as part of the divorce? Yes, a name
change for you as part of a divorce action is easy to obtain and inexpensive.
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19. How do I apply for support for me and/or the children? Every
county courthouse has a Domestic Relations Office. You can find the address and
phone number in the phone book. It is best to call ahead and check for the best
time to apply. We often see cases where it is best for the person seeking
support to get legal advice before applying, since the other side may have
defenses that you need to be ready for in advance.
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20. What about physical abuse of me or family members? There
are ways to get help if someone in the family is abusing you physically. Modern
law in Pennsylvania explicitly forbids it, and we can help you get the abuse
stopped, even if it means removing the abuser from the home and keeping them
away. This is done under the Protection from Abuse Act. You can get help free
of charge if you don’t want to use a private attorney. If you need immediate
help because you are in danger of serious harm, get out of the house. Then call
for help. Any police department can refer you to your local county protection
from abuse service.
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21. What if I am wrongly accused of abusing a family member? Sometimes
this happens too. If you are wrongly accused, we have the experience to advise
you and help you to set things right.
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22. If I get child support, must I prove how I use the money? Ordinarily,
the answer is no. Under the law, if you are receiving child support through a
court order, you are considered to have the proper judgment on how the support
money is used for your family. Flagrant abuse of this trust given to you can be
the cause of severe penalties.
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23. What if I’m not sure I want a divorce? If you are not sure
you want a divorce, feel free to call us for a useful booklet titled “Making
Marriage Last”. We mostly serve folks who have broken marriages, or need Family
Law services and we’re always going to be busy helping them. But we know that
divorce isn’t the answer in every case. If you are sure divorce is the answer
in your case, we’d like to help you. If you are not sure, but want to know your
rights, we’ll be ready to explain them in detail here in the office. If you are
interested in the booklet, we’ll mail it to any address you give us. This
booklet was developed by the American Academy of Matrimonial Lawyers and was
put together after a comprehensive survey to determine the most common factors
leading to divorce.
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24. What if I want to stop my spouse from divorcing me? You
may have good reasons for trying to delay a divorce in Pennsylvania. Under the
law, you can delay the procedure from moving forward for two years after you
and your spouse separate. We can give you guidance and sound legal advice on
any material benefits and even material detriments to you that may occur if a
delay were to occur.
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25. How does the law decide how much I can get in support payments?
Decisions on the amount of support are usually based on calculations
contained in a Supreme Court chart that is used for determining child and spousal support.
If you are in a high income bracket, and/or you have special circumstances, certain
factors can be taken into account that may affect how much you can receive for your needs.
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26. What is alimony, and alimony pendente lite?* Alimony Pendente Lite is a form of support payment to a dependent spouse during a divorce action.
Alimony is a form of support payment that a court may order one spouse to receive once the divorce decree has been signed.
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27. Does your office handle probate of Wills or estates and Living Wills, and Powers of Attorney?
Yes,when you decide that it is time for your Will to be made (even more important after
a divorce), we'll help there. We'll explain and prepare Wills, Living
Wills, Powers of Attorney, and Healthcare Powers of Attorney. We also help
Executors and Administrators carry out their duties in Dauphin County,
Cumberland County or Perry Counties.
We help the personal representative carry out the wishes of a deceased person’s
will. If there was no will, we give guidance on complying with the law, paying
bills and distributing property to next of kin. The questions and the answers
above are based on questions asked of us, and on Pennsylvania law.
These questions and the general answers are only for illustration purposes. The
facts of your case may vary the way the law handles a question, and the
answers, of course, are not meant as legal advice on your specific situation.
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Divorce/Family Law, Collaborative Law, Wills and Estate Probate
(717) 541-1805
Uncompromising Loyalty and Dedication in Harrisburg divorces, as well as divorces in Dauphin County, Cumberland County,
York County, Lebanon County, Lancaster County, Snyder County, and Perry County.