Friday, November 18, 2011
The real cost of getting a divorce in Pennsylvania depends on how the divorce is handled. Below we talk about some of the options available to divorcing couples and the costs to consider with each option.
One option is for each spouse to hire his or her own attorney. Attorneys typically charge clients by the hour and costs may add up quickly thereby reducing the marital estate and depriving both spouses of money that could be spent elsewhere.
Alternatively, the spouses may agree to an alternative form of divorce resolution. If the spouses agree to mediation, for example, then a mediator can help a couple resolve their disputes. Mediation is usually less expensive than litigation but it is not inexpensive.
Finally, if the spouses can reach an agreement on the terms of their divorce including custody, spousal support, child support and the division of property then they may file an uncontested no-fault divorce in Pennsylvania. This is the least expensive option, costing just a few hundred rather than several thousands of dollars, and one worth considering in an amicable divorce.
Posted by tpetrelli at 5:57 am
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Friday, October 28, 2011
Petrelli Law has joined a nationwide network of life insurance lawyers to help consumers recover life insurance claims after a denial. Life Insurance Law was created to help victims of denied or delayed life insurance claims take the “guesswork” out of hiring an attorney with life insurance claim experience. By providing a wide range of legal experience to victims across the nation, Life Insurance Law assists beneficiaries in settling their cases quickly.
How Does Life Insurance Law Help?
Life Insurance Law provides timely and accurate information about fighting claim denials, how the payout process works and how frustrated beneficiaries can find the help they need. The attorneys at Life Insurance Law offer beneficiaries facing a claim denial a free consultation and assess whether they have a valid case against the insurance company. Life insurance lawyers advise the life insurance beneficiary on how they can avoid invalidating their claim denial case and what steps they should take to make their case stronger. Once the case is underway, Life Insurance Law attorneys will demand that the life insurance company disclose any documents and other information they used to justify their life insurance claim denial. Finally, the life insurance lawyers at Life Insurance Law will win the beneficiary a payout in 30 days or less.
Who Benefits From Life Insurance Law?
Beneficiaries who have already received a life insurance denial will benefit the most from the assistance offered by Life Insurance Law. Those who are just beginning the arduous task of filing an insurance claim can educate themselves by reading the website’s numerous articles on how to avoid a life insurance claim denial and what to do when faced with a denial.
Who Is Petrelli Law?
Petrelli Law and managing partner Thomas Petrelli, Jr. have provided legal counsel to Philadelphia residents for a combined ten years. Petrelli has also been featured in the Super Lawyers Rising Stars listings for Pennsylvania, Arrival Magazine’s Top 50 Lawyers in the Northeast, Suburban Life Magazine’s Awesome Attorneys and Who’s Who in American Law.
Posted by tpetrelli at 8:18 am
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Monday, October 17, 2011
The difference between an annulment and an online divorce is that an annulment voids the marriage, while an online divorce dissolves the marriage. What is a voided marriage? It’s when the law treats a marriage as if it never existed. Let’s take a look at a few of the facts:
Marriage Invalid
An no fault divorce can occur when a couple agrees that they want to dissolve the marriage and there are no disputes involving support, property, custody or other matters. However, when a couple annuls a marriage it is because the marriage is invalid for some reason. Under Pennsylvania law, a marriage can be annulled for four reasons 1) one of both spouses’ mental state was impaired when they married, 2) one or both parties were unable to give valid consent to the married 3) the marriage is illegal and 4) the marriage cannot be consummated. Continue reading →
Posted by tpetrelli at 12:29 pm
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Thursday, October 13, 2011
Pennsylvania divorce decrees not only divide a couple’s assets but also their debts. For example, a Pennsylvania divorce decree may assign responsibility for joint credit card balances to one spouse. The divorce decree makes that debt the legal responsibility of the spouse to whom it was assigned.
What Happens When your Ex-Spouse Fails to Make Payments on Joint Credit Card Accounts
However, it is important to remember that the credit card companies who issued the joint cards are not parties to the divorce decree. Accordingly, if the spouse who was assigned financial responsibility for paying the balances fails to pay the balances then the other spouse may be legally responsible for paying the balances. The late payments may also negatively affect the credit reports of both ex-spouses.
What You Can Do to Minimize the Financial Damage
If you have joint accounts at the time a divorce is filed, you have a few options. First, you and your spouse can close the accounts so that no future charges are made. Second, you can request that the joint account be converted into an individual account. The creditor is not legally obligated to make the change but may consider it based on your financial circumstances.
Finally, it is important to speak with a Pennsylvania divorce attorney. Your Pennsylvania divorce lawyer can help you structure a divorce decree in a way that best protects you financially. Furthermore, even if you end up paying the credit card balances because your ex-wife or ex-husband fails to do so, then your Pennsylvania family law attorney may be able to help you get reimbursed.
For more information about managing credit in a Pennsylvania divorce, please contact an experienced Pennsylvania divorce lawyer today for a free consultation.
Posted by tpetrelli at 12:00 pm
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Monday, September 26, 2011
Family life is complicated enough when one spouse is active in the military. However, when a military couple divorces the complications can become even more significant unless you are represented by an experienced Pennsylvania family law attorney.
An experienced Pennsylvania divorce attorney can help a divorcing military spouse:
• Determine if a divorce proceeding can be filed in Pennsylvania. Generally, you can file for divorce in Pennsylvania if one spouse lives in the Commonwealth or if a military spouse has a military home of record in Pennsylvania for at least six months before filing for divorce.
• Comply with the mandatory waiting period for military families. Typically, there is a 90 day waiting period to obtain a divorce if one spouse, or both spouses, are active in the military. This waiting period applies even if you have been living apart for more than two years.
• Resolve custody, property and financial issues. Many divorce issues facing military families are the same as those faced by civilian families. Child custody and visitation issues must be resolved, property must be divided and alimony and/or child support arrangements must be finalized.
For more information about obtaining a military divorce, we encourage you to contact an experienced and compassionate Pennsylvania divorce lawyer today for a free consultation.
Posted by tpetrelli at 7:52 am
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Monday, September 19, 2011
Before filing for your Pennsylvania online divorce you may need to negotiated child custody rights and visitation with your spouse. Since online divorce requires that there are no disputes between the two parties, child custody issues must be resolved before you file or it won’t be considered an uncontested divorce. Below are a few tips on negotiating your child custody agreement with your soon to be ex-spouse:
Tip #1: Understand child custody laws in Pennsylvania before you file your online divorce. In the state of Pennsylvania, a child who resides in the state or whose parents (one or both) reside in the state fall under the jurisdiction of the state’s child custody laws.
Tip #2: Make sure that your child custody agreement is in the best interest of the child before you file your online divorce. While each parent understandably believes their custody arrangement is in the best interest of the child, it’s important that you make sure that a court will agree. For example, courts governing child custody usually prefer the status quo. What this means is that if a child is presently living with one parent the court isn’t likely to remove that child unless there is something terribly wrong with the living situation. Consider this if you are asking one parent to change their custody arrangement significantly.
Tip #3: If you and your spouse are able to come to a child custody agreement, make sure you put it in writing before you file for your no fault divorce. Divorcing couples should create a “stipulation and consent order.” This agreement should be as specific as possible. Which parent has legal custody? How will holidays be split between the parents? When is each parent expected to visit or pick up the child? When will the child be returned to the other parent? What about vacations and school breaks? What happens if one parent decides to move to another state or country? All of this and other details should be planned out in advance if you want to file an online divorce but have children.
Tip #4: Divorcing parents cannot bind a court to a child custody agreement. The courts have the power to modify or void any agreement which they deem not in the best interests of the child. This is another reason why it’s critical to make sure any agreement created before filing an online divorce will hold up in a court.
If a divorcing couple wants a cheap online divorce through Flash Divorce they will need to make sure that all custody issues are settled in advance. However, if there is a dispute after your online divorce has commenced, you may be able to work with a pa divorce lawyer to settle any disputes.
Posted by tpetrelli at 5:12 pm
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Monday, September 5, 2011
It is common knowledge (well, one would assume…) that matters regarding custody are determined in favor of the best interest of the child.
When child custody issues arise involving natural parents and a third party, the third party faces a daunting task as the burden of proof relies on them to prove that the child’s best interest would be better served by separating the child from a natural parent.
The case of Schmidt v. Brown (PICS Case No. 11-1320, C.P. Lawrence, June 28, 2011) involved the natural parents and a third-party caretaker. The caretaker practiced extended periods of temporary custody over a period of three years, by agreement of the mother. Inevitably, the Schmidt’s requested primary custody and the court ruled in favor of the Schmidt’s. Most significantly, the court considered the trauma endured by the child during the initial separation from the mother, and determined that it would be repetitive and detrimental to once again remove the child after forming a strong bond and emotional security. Continue reading →
Posted by tpetrelli at 4:52 pm
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Monday, August 22, 2011
While many types of legal cases are important to your future, there are few that are as fundamentally important as divorce actions. In a divorce case, the judge will make decisions that will affect your financial future and family relationships. Everything from how much support you need to pay your ex-spouse to how much time you get to spend with your kids will be decided in your divorce case.
The process by which these decisions are made may seem confusing and difficult to understand. Pleadings must be filed in the exact formats required by the courts with the required information and by the established deadlines. If your pleading is not filed in the correct manner and with all of the required information then you may inadvertently compromise your rights.
It is not worth it – especially, when the help of a Pennsylvania family attorney can help you avoid problems and protect your rights.
Experienced Pennsylvania family lawyers know how and when to file pleadings. We know what evidence needs to be presented to the court and we know how to make effective arguments to the court. We know how to protect what is important to you by complying with all applicable rules and laws.
It can be very difficult to do this for yourself and without legal training. Thus, when your children, your property and future income are at stake, it is important to protect your rights by hiring a Pennsylvania family lawyer.
Posted by tpetrelli at 4:19 am
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Thursday, August 18, 2011
The nation has a number of holidays to celebrate its armed service members, workers, and the cultures of its citizens. It seems only right that there should be a national day to celebrate the laws of the nation—and the people who uphold them.
Associate Attorney Abbie DuFrayne believes this year’s event should celebrate not only the members of the legal profession, but the entire community that those lawyers and students serve. And what better way to inform and educate the public by making these events as interactive and fun as possible?
“Every year I am reminded of the importance of making time to introduce law to those in the community as well as provide an opportunity to instill enthusiasm for law and the legal profession in Philadelphia’s students.” – Attorney Abbie DuFrayne
The Law Week celebrations have come a long way. In 1958, President Dwight D. Eisenhower established the very first Law Day, with Congress declaring May 1 as the official date three years later. To better accommodate its members, the Philadelphia Bar Association extended their Law Day celebrations into an entire week of programs for law students across the state:
- Defending the wolf. The case of several fairytale villains will be brought before a judge in a benefit event. Volunteer attorneys from the Court of Common Pleas will present the facts of “Goldilocks and the Three Bears” and “The Three Little Pigs” in a mock criminal trial. Students may volunteer to act as prosecutors, defenders, and witnesses in the trials, which will be complete with opening statements, witness examinations closing arguments, and a jury decision. Money raised from the event will go to the Philadelphia Bar Foundation.
- Legal Advice Live! Community members are invited to pick the brains of Philadelphia’s attorneys in Legal Advice Live, an ABA award-winning program providing free legal advice to the public.
- Comedy fundraiser. The 5th Annual YLD Comedy Night and Silent Auction will not only raise money for the Bar Association, but provide a fun networking opportunity for young lawyers.
- Lawyer in the Classroom. The YLD is committed to helping students of every age understand the legal profession. Throughout Law Week, volunteer attorneys will visit neighborhood schools to answer students’ questions about lawyers, the law, and the legal profession.
- Lawyer for a Day. An extension of the mentorship program, the Lawyer for a Day event will pair high school students with experienced attorneys. The students will observe cases in city courtrooms, learning about the judicial system, the role of an attorney, and the legal process.
- LegalLine. This call-in service provides free legal advice to the public. Volunteer attorneys take calls, evaluate the facts of a case, and refer clients to attorneys in their area.
Ms. DuFrayne appeals to all members of the community to attend the Law Week festivities, whether they are students or members of the public. Attorneys of all ages across all practice areas will be on hand to meet and greet, answer questions and offer sage legal advice.
Posted by tpetrelli at 1:04 pm
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Associate Abbie DuFrayne knows that the most effective way to serve the young lawyers of Philadelphia is not to lecture—but to listen.
All members of the Young Lawyers Division of the Philadelphia Bar Association are invited to share their thoughts and concerns at with the Executive Committee. This panel of 62 lawyers practice at a range of firms, government agencies and public interest organizations—and are all under the age of 37.
This live event will include a Q & A with the members of the Committee to address young lawyer’s concerns, including:
- The history of the YLD and what it has done for students in the past
- Ideas about future YLD-sponsored events
- The types of programs our 3,000 members are interested in attending
- Small group discussion on current problems facing young lawyers
The Executive Committee is an elected body, voted in by members each December and who each serve a three-year term. They are in charge of organizing events to serve their members in three categories:
- Community outreach. The Executive Committee brings the current crop of students together with community members, coordinating over 30 successful meeting and fundraising events each year.
- Social networking. A mix of online and professional skills helps build the networks necessary to survive in today’s economy. The YLD brings young lawyers together with attorneys just a few years into the business, as well as seasoned professionals with thriving practices.
- Legal education. Through symposia, panel discussions and the mentoring program, the new and former generations of legal counsel have a chance to interact and learn from one another.
Ms. DuFrayne encourages young attorneys and graduates to attend, even if they have no pressing issues to attend. Much like representatives and senators, your Executive Committee needs to hear from you in order to serve your needs—such as helping you find the best practice and surviving the current economic recession.
Posted by tpetrelli at 11:01 am
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