Family Law

• Divorce
  Property distribution in divorce in Pennsylvania is widely misunderstood. To begin with, Pennsylvania is not a “community property” state. It is an “equitable distribution” state. When Pennsylvania’s “no-fault” divorce law went into effect in 1980, it drastically changed the system for property distribution which had existed prior to that time. Before then, “title” or “ownership” of the property had been the relevant factor, and jointly-owned property was divided 50-50 when the parties divorced.
• Child Support
  Determining the amount for payment of spousal and child support are based on a number of factors including but not limited to net and gross income, earning capacity and taxes.
• Child Custody and Visitation
  Child custody cases are some of the most challenging types of family law cases we handle, and often the most contentious. That is why it is important to hire a child custody lawyer. It is best if the parents can agree on an appropriate custody schedule which takes into accout the particular needs of the children as well as the parents. Most courts have actually designed their court custody procedures in a way to encourage settlement on custody matters to avoid a trial.
• Guardianship
• Spousal Support
  17 specific factors determine the amount of alimony a party is qualified to receive. Some of these factors include age and health of parties and property distributions.

Trusts and Estates

• Estate Planning
  Having the proper estate planning documents established prior to your death will insure that your assets are properly distributed and your loved ones are taken care of as you request.
• Wills
• Trusts
  There are many “free” seminars and substantial TV advertising which focus on the question of trusts. What is a trust? Is a trust right for me? Some of the advertising suggests that persons can save PA inheritance taxes by creating and putting their assets in to a “living trust.” THIS IS NOT TRUE! Other advertisements imply that if you die without a will or a living trust, the state will get all (or a greater portion of) your asset. THIS IS ALSO NOT TRUE! It is true that for some persons a living trust makes sense, but they are the exception and not the rule.
• Power of Attorney
  It is also important to have a Power of Attorney and Living Will prepared as well. The Power of Attorney is a very powerful document that allows the person you choose as your agent, named in your Power of Attorney, to essentially “step into your shoes”, and make decisions on your behalf regarding financial and other matters in the event that you are unable to manage your own affairs. For instance, the person you choose as your agent would be able sign tax returns, access your bank account, etc. Most commonly, agents use this power to pay your bills if you are in the hospital and unable to do so yourself. A Living Will is a document which allows you to choose your medical treatment in case you become unconscious and unable to tell your doctors the level of care you desire; you can also appoint an agent of your choice to make certain medical decisions according to your instructions, similar to a “Do Not Resuscitate Order.” A Living Will gives you the ability to decide what you want in the event of a serious medical condition, and it takes the burden off of loved ones from having to make many tough medical decisions. When you come in for your free Will consultation, we will discuss all of these documents in detail with you.