Frequently Asked Questions

 1. What is Mr. Tamanini’s background and philosophy of serving clients?  2. What is Family Law?  3. What are my rights in divorce?  4. What is required to retain you and how much will it cost for you to represent me?

Also, can I pay by CREDIT or DEBIT CARD?
 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 and do you have experience in court?  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 so called ADVERSARY or COURT SYSTEM used in divorce ? 10. What is the COLLABORATIVE LAW process as an alternative for settling 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. What can I do to keep my divorce costs down?

1. Mr. Tamanini’s background and philosophy of serving client? Dave Tamanini has seen the devastation of never ending divorces, and is devoted to helping find ways to avoid the extended conflict that no one really wants. As the father of his own children, he recognizes their innocence and their right to be protected from marriage conflict. These are the driving forces behind his service to clients.

Professionally, Dave has been serving central Pennsylvania in the private practice of law since 1978. He has a BV® Distinguished Rating from Martindale-Hubbell as an attorney that has been recognized by his peers to be the best in both legal ability and ethical practice. He is also a lecturer and published author on the Collaborative Process of Divorce. His most recent publication was in The Pennsylvania Psychologist Quarterly of June 2009 as co-author of An Alternative to the Adversarial Divorce and Custody Process: Collaborative Attorneys and Psychologists.

The Tamanini Law Office's mission is to provide compassionate attention to the desires of our clients to end shattered marriages in a cost efficient and prompt period of time. Along with this mission, Dave 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. You will receive a copy of all correspondence and documents that come in or go out of this office. And always, always, your concerns will be our concern.

Dave Tamanini regularly takes continuing legal education coursework to maintain and expand his professional knowledge.

And yes, Dave writes a Blog. Click here to visit Dave's Blog.

Dave Tamanini has been a Board member of the Dauphin County Bar Association. He is a member and past Executive Board member of the Collaborative Professionals of Central Pennsylvania. Over the last 30 years, Dave has been involved in many community groups serving and learning from people from every walk of life. Dave is married and has raised a family. He enjoys playing golf and doing outdoor activities, and is somewhat of a physical fitness buff (but knows his age appropriate limitations!) Top
2. What is Family Law? Family Law is a specific area of the laws that address divorce, separation, custody, child and spousal support, property settlement agreements, alimony and more. Top
3. What are my rights in divorce? You do have rights in divorce. There are also 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. Top
4. What is required to retain you and how much will it cost? First, we need to meet you at your Initial Consultation. After you tell us the particulars of your marriage and the services you want from us, we can discuss our thoughts on solving your problems. Mr. Tamanini will quote you an initial refundable retainer fee if you want services on an hourly rate fee basis. You ought to ask us about our new flat rate fees for contested cases where you pay a set price for a specific legal service. You would still have to pay for expenses, and for fees for needed services from other experts. Once you pay your retainer fee, we will become your attorney.

You can pay your retainer by check or money orders, and yes -- we do accept Credit and Debit Cards and Paypal. To make online credit/debit card payments, click on the gold button and select the amount of your payment by pulling down the menu. If you don't have a Paypal account, ignore that section and click "Continue" just before your particular CREDIT/DEBIT CARD LOGO. If you have a problem, call us at (717) 541-1805 for help.

Legal fees and costs

Option 1 $150.00 Option 2 $200.00 Option 3 $500.00 Option 4 $750.00 Option 5 $1,000.00 Option 6 $2,000.00 Option 7 $3,000.00 Option 8 $4,000.00 Option 9 $5,000.00 Option 10 $7,500.00

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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? Yes, call us to set up an appointment. We can discuss a plan because sometimes it can be important to get us the information we will need for the divorce even before filing papers, or even announcing your intentions. The preplanning can make a world of difference in how we start the divorce; and how we start the divorce can affect the outcome for you. Top
6. My case is pretty complicated, do you handle complex cases and do you have experience in court? Yes, we handle many complex family law cases. It might surprise you that complex cases sometimes have simple solutions when we look at the problem closely and search for the right solutions. There are many ways to solve divorce problems and cut down on the time of extended conflict. Some cases may require us to help you in court. David Tamanini is an experienced litigator. He brings many years of courtroom work to his service of divorce clients. Although most clients want to settle out of court, some cases are prepared as though they might go to trial so that we are prepared in case important issues can’t be settled out of court.

Read on below about the alternative to court in the Collaborative Law process which is better than court in many cases. Top
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 there is an irretrievable breakdown in the marriage, they have the legal grounds to get a divorce. Irretrievable breakdown means "Estrangement due to marital difficulties with no reasonable prospect of reconciliation." Top
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 for a consultation so you can to begin learning about your rights. This is how we start to help people. Top
9. What is the adversary or court system used in divorce ? The adversary or court representation process is one of several processes we offer. In the court process each side retains an attorney to represent them in getting or fighting out the divorce. The bottom line is that the attorney must be willing and able to represent you in front of a judge. We will represent you in court if necessary. We do this aggressively by thoroughly preparing the case. The preparation includes listenng t you, and by meticulously analyzing all the relevant facts in your matter. With our meticulous preparation, we can discover how your spouse and his/her attorney approach the case. We therefore 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 a negotiated private settlement can be reached. Top
10. What is the Collaborative Law Process 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 a growing number of attorneys who are specially trained in the Collaborative Law Process. This legal process is for couples who want to dissolve their marriages without the prolongued conflict and challenges of litigation. We'll explain this process a little more below, but first you must be clear about the Collaborative Process we offer.

Just because Collaborative is "settlement oriented" doesn't mean that you can only use this process if there is no conflict. The Collaborative Process does not mean "only no conflict cases". The good thing about this process is that it really allows you to resolve what is important to you as a person preparing for a new lifestyle-- in spite of serious trust issues that divide you and your spouse. Your trained attorneys working with the both of you and sometimes with a team of neutral and specially trained experts or a coach, can help you work for mutually acceptable solutions without extended conflict. As a team we can help you can finish the divorce with less chance of being hurt again while we find a settlement that suits you.

Since both of you must use an attorney specially trained in the Collaborative Process, we have a list of other trained attorneys that can be given to your spouse to select from.

This Collaborative Process is particularly useful for divorcing spouses who want to maintain a decent relationship (maybe for the kids) both during and after the divorce. And when we say "kids" it can include both grown and gone as well as minor children. Sometimes the reason might even be in-laws or common friends developed over a long marriage with whom you want to keep on good terms.

Collaborative law can be used to settle up on property division; support for minor children and/or for one spouse; parenting (custody and visitation matters); alimony and any other type of important divorce related problem.

Our goals at the Tamanini Law Office are the same in both court representation and Collaborative Process cases. That is, to help you deal with the present circumstances, and prepare for the future. The big advantage of a collaborative divorce is that it may 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 the court process.

While both the court and the Collaborative Processes have proven to be effective in certain types of cases, there may be some Collabortive Process advantages to make it a better choice. For example, there may be a need for help in funding your side of the divorce. Although few comparison studies have been conducted comparing the costs of a collaborative divorce with a litigated court imposed resolution, the general consensus is that getting the court involved for every issue is more expensive. And the expense can be not just financial, but emotional. In the Collaborative Divorce, the parties may split the costs and fees of neutral outside experts, rather than each using adversary and possibly dueling experts to evaluate the values of pensions, real estate, businesses etc. The Collaborative Process can move a complex case from beginning to end more quickly too, depending on the pace desired by the divorcing spouses rather than the court calendar. Top
11. What counties does your office serve? We help with Harrisburg, Dauphin County, Cumberland County, York County, Lancaster County, Lebanon County, and Perry County cases. For those individuals who may live far away, but the other spouse or parent lives in a central Pennsylvania county, we can also serve as your attorney and will give you advice on your family problem. Top
12. Consultation fee. We don't give free consultations. We believe you get valuable information during the consultation. Mr. Tamanini meets personally with you for one hour to listen to you and review and evaluate your family problem. For this confidential consultation, we must charge a fee which is payable at this first meeting. When you call for your consultation, we'll tell you what the initial consultation fee is at that time. Top
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. Top
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. Top
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. Top
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. Top
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. Top
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. Top
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. Top
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. Top
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. Top
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. Top
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. Top
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. Top
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. Top
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. Top
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. Top
27. What can I do to keep the costs of my divorce down?This is such an important question. Every divorce has different levels of easy to solve and hard to solve problems. We want to give you your money's worth when you are represented by us. Sometimes, the spouses are a big factor in the cost level. If the hurt and anger are too intense, people can do things that make matters worse and harder to work out. Sometimes if one or both of the attorneys are not well focused on exploring creative ways to solve the dispute, the case can just get mired in legal papers, letter writing, and client billing that can be avoided. Keep in mind that some of this is what lawyers do in the court process of getting a divorce completed, but good ones will also counsel you on alternative ways to solve problems that are not just best for you and your children, but are also easier on the wallet too. You also come into play in the cost factor by talking with your attorney. Don't just listen to them, speak to them too. Here in our office, we always try to understand our client's wishes, but we can't read minds. At the Tamanini Law Office, we approach each divorce differently, but the system is very similar. First, we try to learn what you want out of the divorce. Then we gather data, and with those, we try to develop a plan of action for each individual client. That plan depends on the information you give us. So, we'll actually give you "homework" sometimes when you can help us gather personal information such as bank accounts or the assets or debts of the family that you know about. Once we develop a plan for you, we'll use it until we actually begin negotiating with the other side. When we negotiate, we'll try to settle out of court to save you money. When you retain us, talk with us about these things. We listen to you before we take action on your behalf. In conclusion, you can help keep costs down by working with us as a team. When you disagree on our suggested solutions, give us your alternative approach. Together we can try to control the cost of getting such an important undertaking done at reasonable cost. Top

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.

Uncompromising Loyalty and Dedication in Harrisburg area divorces, in Dauphin County, Cumberland County, York County, Lebanon County, Lancaster County, Adams County, and Perry County.