# Petrelli Previtera, LLC (Full Archive)

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### [Family Law Attorney](https://www.petrellilaw.com/family-law-attorney/)
Family Law Attorneys with Petrelli Previtera, LLC
Family law disputes can be complicated, emotionally taxing, and costly for all parties involved. Whether you’re facing a divorce, an adoption, or are engaged in a child custody battle, it is important that you work with a family law attorney who has your family’s best interests at heart and can relentlessly fight for your rights.
At Petrelli Previtera, LLC, our family law attorneys have vast experience in matters of family law. Bringing clarity out of family chaos is what we were born to do. It’s what keeps us going. Every case we handle is an opportunity to showcase our skills, dedication, and professionalism. Let us provide you with sound legal counsel and support to help put your life back on track.
Family Law Issues We Handle
Our legal team has helped clients with a whole lot of family law issues, and the following is just a snippet of what we can do for you.
1. Divorce
Whether you’re filing for divorce or receiving divorce papers, dissolving a marriage is a complicated and emotional process. In most cases, you need to craft a child support plan that’s in your child’s best interests, negotiate alimony and child support payments, sort through years of accumulating marital property, and figure out a way to divide them equitably. Due to the importance of these issues, a family law attorney is your best bet to reach a great outcome.
At Petrelli Previtera, LLC, we are experienced in both uncontested and contested divorce and can protect your rights related to child support, child custody, and asset division.
2. Adoption
Putting a child up for adoption, or adopting a child, is a monumental decision. There are so many nuances to the whole process, nuances that can be difficult to navigate without the help of a high-caliber family law attorney.
Our family law attorneys can fight for your interests if you wish to adopt a child or if you are a biological parent. But we don’t stop there. We provide legal advice that is both practical and compassionate, and we’ll also hold your hand as you navigate the sometimes nerve-wracking adoption process.
3. Spousal Support/Alimony
The issuance of order of spousal support or alimony is by no means a certainty in a divorce proceeding. Most courts will consider a number of factors in determining whether, to what extent, and for what duration spousal support is appropriate. Some of these factors include:

The age and health of both parties
The need to pay for exceptional additional expenses for the child/children, including but not limited to daycare, medical treatment, and schooling
The equitable distribution of marital property
The duration of the marriage
The age and health of both parties
The ability of the party seeking alimony to become self-supporting, and, if applicable, the period of time and training necessary

Establishing a fair and workable spousal support agreement requires the assistance of an experienced family law attorney who understands the subtle nuances and legal criteria that might come into play. At Petrelli Previtera, LLC, we assist clients in devising fair and workable alimony agreements, and we can’t wait to lend you our expertise.
4. Modification or Enforcement of Visitation, Custody, and Support Orders
Life happens. Somewhere down the road, one parent may move overseas for military deployment or out of state for greener pastures. This can make it difficult to forge on with an existing child custody arrangement. Similarly, one partner’s income may drop significantly, making alimony obligation or child support unreasonable.
When your circumstances change considerably, you can request the court to terminate or modify alimony, child support, or child custody order. Ignoring court orders is not the best course of action as it can attract huge fines or, worse, a jail sentence. Instead, reach out to a skilled family law attorney who can help you complete your petition and present your case to the court.
5. Prenuptial or Postnuptial Agreements
While you might associate these kinds of agreements with the high and mighty, they are a good idea for everyone. For instance, a prenuptial agreement ensures that your children don’t miss out on inheritance even if you enter into a different marriage later on. It can also protect you from your fiancé’s or your partner’s debt.
Other aspects of family law that we offer advice on include (but not limited to):

Shared property rights
Grandparent’s rights
Domestic partnership agreements
Legal guardianship

Why Choose Petrelli Previtera, LLC?
Petrelli Previtera, LLC is not your average law firm. We are committed to helping our clients solve their family law disputes as quickly and efficiently as possible. Our team treats litigation as a last resort, meaning we will do everything possible to save you time and money while keeping your case out of the public eye. But that doesn’t mean we’re pushovers. If going to court is the only option left, we will fight aggressively and passionately, and we won’t stop until we earn you a favorable result.
Reach Out to One of Our Family Law Attorneys Today
Are you ready to speak with an award-winning, high-caliber family law attorney? The team at Petrelli Previtera, LLC prides itself in offering aggressive representation coupled with dedicated and compassionate advocacy, and we are ready to listen to you.
To find out how we can be of help, please get in touch with our law firm today. You can do so by calling our toll-free office number at 866-465-5395 or by scheduling an initial consultation at any of our service locations here.

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### [Modifying Family Law Orders](https://www.petrellilaw.com/modifying-family-law-orders/)
Modifying Family Law Orders

As life goes on, circumstances often change. This is especially true after a divorce. You might get a new job, have to take a pay cut, or suffer a layoff. Or, maybe your former spouse lands a promotion with a big raise. As circumstances change substantially, you have the right to petition the court for a modification of orders.




When might you need to modify a court order?
You may need to modify a court order to:


Change custody, visitation, or other aspects of a parenting plan (e.g., one parent plans to relocate, one parent is unable to care for the child for the time being, one parent is being deployed, etc.).
Increase or decrease child support (e.g., child contracted an illness and needs extensive medical care, parent lost job, etc.).


Increasing or decreasing alimony or spousal support (e.g., the paying party lost her job or received a demotion, the receiving party got a raise, etc.).
Terminating alimony or spousal support (e.g., the receiving party remarried).
A parent may also need to modify a court order if she feels that the other parent is putting the child or children in danger.




Why is it important to take the proper legal steps to modify an order?

While it is often tempting for former partners and current co-parents to make an oral agreement about a change, this is rarely a good idea. In our experience, handshake agreements simply do not work.
Instead, when there are substantial changes it is better to get it approved legally in order to ensure the agreement is enforceable later. While seeking approval in court can be a headache, there is no doubt that the end result is better for both you and your children. Without going through the proper channels, there is no legal protection available to you if your former partner breaks the oral agreement.
For example, if your original court order stated that you only see the children every three weeks, but you and your spouse agree, informally, that you get the kids every weekend, your spouse can change his mind later. To ensure that you protect your rights, you would need to petition for a modification of your visitation order.

How do I modify an order?

The court that issued the original order or award handles modification of the orders stemming from your divorce, custody orders, or child support orders. This court has “continuing jurisdiction” over these orders, allowing it to update them as necessary.
If you are considering requesting a modification of custody or support orders, a family law attorney at Petrelli Previtera, LLC can help. Do not attempt to do this alone. Filing for a modification is a difficult and often confusing process. We know the rules and procedures required under state law and can save you a lot of time and frustration.
Once you have filed all the right paperwork, the court will schedule a conference or hearing in the matter. In many cases, a conciliation conference is the first step in this process. This is much like the mediation sessions you may have attended before your divorce. When the modification deals with child custody or visitation, a Custody Conciliator directs this meeting. You, your attorney, your partner, and his attorney attend these meetings.
Note: If you are filing a modification for custody, you and your former spouse must attend a court-approved parenting program.
If you and your former partner can agree to the proposed changes in this meeting, there is no need to continue on to court. If no agreement is possible, the Conciliator or other appointed officer will recommend another conference or schedule a hearing before the judge.

Contact Our Lawyers for Assistance

If you need help modifying family law orders, the attorneys at Petrelli Previtera, LLC can help. We help individuals and families who need legal advice, practical guidance, or representation through the process of modifying court orders.
We can review an existing court order and advise you on whether your change in circumstance (such as income) warrants a modification. If there is significant change, our attorneys will walk you through the process of filing for a modification, and represent you in modification proceedings and court hearings.
Contact us at (866) 465-5395 to learn more about how we can help you to review an existing court order and advise you on applicable state laws for your modification.
Further Reading
Should I Use a Prenup or Postnup to Protect My Business?Marital Property and Business OwnershipPostnuptial Agreements for Small Business Owners

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### [Father's Rights Lawyers](https://www.petrellilaw.com/fathers-right-lawyer/)
Father’s Rights Law
In the past, father’s feared that fighting for custody of their children was a lost battle. The prevailing bias in the courts was to grant primary custody to mothers in custody disputes. Fortunately, there has been a gradual shift, supported by public policy, away from this bias against fathers. The perception of the father’s role as the distant breadwinner has evolved over the years to account for the crucial role of a father’s presence in the emotional development of a child. The active presence of a child’s father is just as important as the child’s mother in the shaping a child’s future as a well-adjusted, contributing member of society.

Children’ Interests / Best Interests of the Child Standard
Times have changed since the days when the tender years doctrine prevailed in child custody disputes. The tender years doctrine is an old common law doctrine, which favored mothers in custody disputes involving children aged four and below. The predominant thinking was that mothers were in the best position to provide the care that children need during those “tender” years. Today, the law has shifted. Rather than rely on gender-based stereotypes about which parent is best suited to take care of the child, the goal of most courts in the United States is to protect the child’s best interest. The ultimate deciding factor, considering all other factors prescribed by law, is what is in the best interest of the child.
Why the Father’s Role is Critical in a Child’s Life
Research studies have documented the importance of fathers in the lives of their children. A report by the Child and Family Research Partnership of the University of Texas lists five things to know about the importance of fathers. Top of that list is that involved fathers have a direct impact on their children’s cognitive development and educational achievement resulting in better performance in school, pro-social behavior, and better long-term life outcomes. This finding is echoed by many other reports on the importance of fathers in child development.
The studies also reveal that the benefits of a father’s active participation in a child’s life are experienced even when both parents are no longer a couple. What is important is the father’s direct and consistent involvement in the child’s life.
So it stands to reason that it benefits society as a whole to protect a father’s right to participate in the upbringing of their children.
Father’s Rights of a Noncustodial Parent in Decisions Regarding their Child
In a custody dispute, there are several issues that must be resolved including the legal and physical custody, visitation rights, child support, and parenting time.

Legal custody gives a parent the right to make crucial decisions about their child’s life. This can include decisions about their education, religion, and medical care.
Visitation rights and parenting time maintain a non-custodial parent’s right to visit, see, and spend time with their child.
Child support is a way to provide financial resources for the care and upkeep of a child. A custodial parent is entitled to support from the non-custodial parent to offset the financial cost of meeting the reasonable needs of their child. When fathers are the custodial parent, they have a right to child support in the same way that mothers do.

Each parent has equal parental rights in the US and must be equally considered in resolving any disputes regarding these issues.
Finding a Fathers Rights Attorney
Every father has a right to participate fully in their child’s life. Fathers often have to fight very hard to defend their rights to equal access to their children. Protecting the rights of fathers involves complex issues, which are best handled by an experienced fathers rights attorney.
Convincing the court that the father’s position regarding custody, support, and parental time requires indepth knowledge and understanding of the law, and powerful evidence to persuade the court. A fathers’ rights attorney can help fathers navigate the legal procedures to secure their right to be directly involved in their child’s life.
Fathers Need a Legal Strategy
A married couple considering divorce may have questions about moving out of the home , and how that will impact their rights. Fathers often fear that they may lose access to their children because of a separation or divorce. When a divorce or separation is pending, it is important to speak with a fathers’ rights attorney as early as possible to understand your rights as a father.
Often, the courts will adopt a negotiated parenting plan between the parties, as long as it is in the best interest of the child. A family law attorney who understands fathers’ rights can fathers prepare a strategy to maximize their position, and avoid mistakes that can jeopardize their parental rights.
A strategy will also help you understand and prepare for family court proceedings if any disputes arise. It is not unusual for the other party to adopt underhanded tactics like false accusations of child abuse or neglect by the father. A fathers’ rights attorney can also help you prepare for such possibilities in your case.
Most Common Mistakes Fathers Make in Divorce Proceedings
Often when a divorce is pending, men give up without a fight because they fear that they will be denied their parental rights. This is not true. Being aware of the most common mistakes fathers make can help them assert their rights and avoid conduct that may jeopardize their position in legal proceedings.


Prematurely moving out of the family home. When a couple decides to separate or divorce, the father may leave the family home to avoid creating a hostile home environment. This can be a mistake if it is done too soon. When a father prematurely moves out of the family home without a written parenting agreement, this may be construed by the courts as abandonment and may affect a court’s orders as to child custody. It is important to maintain direct contact with your children throughout the separation and divorce process.


Not seeking legal advice. The best person to advice you on your legal options when you are going through a divorce or separation is a family law attorney. Taking advice from friends and family may create more problems for you during divorce proceedings. An experienced family law attorney who understands the law is the best person to speak with when you are facing a divorce.


Not keeping adequate financial records. Financial records are crucial to orders concerning issues like child support, spousal support, division of property that accompany a divorce. It is important to have well-kept financial records which can be given as evidence to support your position in resolving these divorce-related issues.


Failing to respond to legal processes. Divorce proceedings are just like any other court process, they follow the strict rules of court process and procedure. This means that you must file the appropriate forms, respond timely to requests for information, and submit admissible evidence to support your case. The courts do not change the rules of court procedure and failure to adhere to them could cost you a case.


Choosing a lawyer with no experience. Not every lawyer has the skill and experience to deal with divorce cases. To get the best outcome in your case, you will want a lawyer who has experience and a track-record of getting results for their clients.



Questions Frequently asked of our Father’s Rights Lawyers

Does A Child’s Mother Have The Advantage In Child Custody Battles?


It is no longer the case that the child’s mother has the advantage in child custody battles. Both parents have equal parental rights, and the courts are recognizing that it is in the best interest of a child to have the active presence and participation of both parents in their lives.
Although parental roles have changed and varied during the past few decades, divorcing couples in still often believe a child’s mother will have the upper hand in terms of custody. Dads sometimes think there’s no chance to argue for joint custody, which would allow them to share decision-making responsibilities and/or physical control of their children.
The Truth About Fathers’ Rights is that unless one parent is deemed unfit for child custody, however, states most often award parents joint physical and legal custody. Children and divorced parents often benefit from a joint custody arrangement over sole custody. Both parents can have active roles in their kids’ lives, and neither parent suffers the stress of single parenting.
    



Dividing the Marital Home, Stay or Leave?


The decision to say or leave the marital home involves the consideration of emotional and economic factors. For some fathers, there is a real threat that leaving the marital home may affect their parental rights. If you hold this fear, you should consult with a fathers’ rights lawyer who can advise you on the best action to take based on the laws in your state. They may also help you create a written parenting agreement with the mother of your child to take effect after you move out of the home, pending an order of the court. As long as the court finds a parenting agreement to be in the best interest of the child, the courts will uphold the agreement.
Looking for more Information? Download our FREE Guide “Leaving the Family Home” 
    



How Can Fathers Assert Their Custodial Rights?


The first thing to do, especially if the was never married to the mother, is to establish paternity of the child. This can be done in different ways. If the parents were married at the time the child was born, the law presumes the husband to be the father of the child. If the parents were never married, paternity can be established through a sworn affidavit of parentage signed by the mother and father, or a paternity action that involves genetic or DNA testing. Once paternity is established, a father can then assert their custodial rights. It is advisable to speak to an experienced fathers’ rights attorney who can assess the best option for you and guide you through the process.




What Are the Rights of Unmarried Fathers?


Unmarried fathers have the same rights as married fathers. They have equal right to legal and physical custody of their children, child support if they are the custodial parent, and visitation rights.




Possible Situations that Require Family Court Order Modification for Fathers!


The best interest of the child is always the central focus of family court orders. There are situations that may make require an order to modify an existing family court order. Parental alienation, physical or sexual abuse of the child, emotional or physical abuse of the child or the mother, the child’s wishes, or other changes in the circumstances of the mother that impact on the wellbeing of the child.




Can an Unwed Father Fight for Child Custody?


A father’s parental rights are not dependent on marriage to the child’s mother. As long as the biological father is established through DNA testing or other evidence, they have full parental rights and can fight to assert their rights.




Can a Divorced Father Renegotiate a Child Custody Agreement?


Generally, the courts do not like to modify existing child custody agreements because it is presumed that the agreement contains what is in the best interest of the child. However, evidence of a circumstantial change in the lives of the parties can be grounds for modification of custody. For example, if the mother wants to relocate to another state or country or if there are major concerns about the safety of the child.




What You Fathers Do to Help There Case During A Custody Battle?


When developing a child custody agreement, your kids’ best interest is the most important consideration. Speak up to make sure your opinions are heard. That way, your attorneys and the court can make the most informed decisions possible. In addition, the below tips may help any parent during a custody battle.
Respect your child’s mother.
The way you treat your child’s mother affects your child. It also affects your Pennsylvania custody case. No matter how you feel about your ex, be polite and respectful.
Pay your child support payments.
Paying child support on time shows that you care about your child’s well-being. Keep the canceled check as proof of payment. If you are struggling to make payments, pay what you are able to and request a modification to the child support order.
Build a day-to-day relationship with your child.
Do you know what your child does each day? Make it a habit to call your child and check-in. Offer to quiz your child on spelling words or to take her to the library to get books for her book report. Let her know that she can contact you if she needs anything. If possible, get involved in your child’s school or some of your child’s after-school activities.

Make visitation a priority.
Keep records of the time that you spend with your child. Sticking to a visitation schedule shows that your child is a priority.
Attend school functions and other important events.
To your child, school events are a big deal. In addition, the court sees attendance at events like school plays, basketball games, ballet recitals, first communion, and birthday parties as evidence of a meaningful relationship.
Make space for your child.
Does your child sleep on the couch in your one-bedroom apartment? You should show that your life has room for your child, even if it is just a small space. Plan to discuss housing plans with the judge.
Have a plan.
How will you change your life if your child lives with you? Have a written plan that includes living accommodations, education, time with friends, after-school activities, and financial matters.
The best thing you can do to help your child custody case is to develop and maintain a strong relationship with your child. Fortunately, this also the best thing you can do for your child.



What are examples of cases where the court upheld father’s rights?


In 2014, the New Jersey Supreme Court overturned a lower court ruling that terminated a father’s parental rights due a prison sentence that lasted from when his daughter was six months old until after her sixth birthday.
The case, DYFS v. J.G., arose when New Jersey’s Division of Youth and Family Services (now the Division of Child Protection and Permanency), moved to terminate the father’s parental rights in order for her grandmother to be able to adopt her. The child and her half-brother had already been removed from their mother’s home due to the mother’s alcoholism.
The father, J.G., had been arrested and convicted of eluding a police officer. Prior to his conviction, he actively cared for his daughter. He testified that he did everyday activities such as feeding her, changing her diapers, and taking her to regular doctor’s appointments. While in prison, he took classes in anger management, behavior modification, reentry preparation and parenting. At trial, he agreed that the child should continue to live with her grandmother, but he refused to give up all of his rights to communicate and visit with the child.
The Supreme Court held that although there was a legitimate interest in the child being in a permanent placement, the evidence was not clear that terminating the father’s rights would not cause more harm than good. This is one of four factors that the Division of Child Protection and Permanency must consider in determining whether termination of parental rights is appropriate.
Criminal history is an important factor in custody cases. In fact, a new custody law in Pennsylvania requires custody litigants to complete an affidavit listing any crimes of whey they have been convicted.




Assert Your Fathers’ Rights with Nationally Recognized Father’s Rights Attorneys
Overwhelmed by the prospect of fighting for your rights as a father? Unsure about how to proceed with child custody issues? You can count on our skill and experience.

Our firm has been recognized as one of the top family law firms in the Philadelphia area.
Our Partner, Thomas Petrelli, Jr., has been recognized in Pennsylvania Super Lawyers since 2015. Our other Partner, Melinda Previtera, has also been named among Pennsylvania Super Lawyers’ Rising Stars since 2016.
Our proven advocacy has put us in the Inc. 5000 list, the most prestigious ranking of the nation’s fastest-growing private companies since, for three years in a row (2019, 2020 & 2021).

We Proudly Help Fathers Fighting For Their Children
You may feel like the cards are stacked against you in your fight to defend your rights as a father. But there is hope when you have passionate fathers’ rights advocates in your corner. At Petrelli Previtera, LLC, we will provide the skilled legal representation you need to maintain a presence in your child’s life.
Contact our office today at 866-465-5395 to schedule a consultation with one of our top-rated fathers’ rights attorneys.

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### [Divorce Lawyers Who Protect What Matters Most](https://www.petrellilaw.com/divorce-lawyers/)
Divorce wasn’t the future you imagined. Now you may find yourself asking questions you never thought you’d ask: What happens to my children? What will happen to my home? What does my financial future look like?
Here’s the truth: divorce doesn’t have to be the end of your story. With the right legal guidance, it can be the start of a new one.
At Petrelli Previtera, we’re not just divorce lawyers. Many of us have walked through divorce ourselves. We understand the sleepless nights, the fear of the unknown, and the pressure of making life-changing decisions. That lived experience shapes how we practice law—with compassion, clear strategy, and a focus on protecting what matters most to you.

Why Clients Choose Petrelli Previtera, LLC.
Divorce can feel like chaos, but it doesn’t have to. Too many people enter the process overwhelmed, pressured into quick agreements, or unsure of their rights. Without the right legal strategy, you risk losing time with your children, equity in your home, or retirement savings you’ve worked years to build.
Our approach gives you back clarity and control. From day one, we:

Walk you step by step through your legal options.
Explain what the law really says—no scare tactics, no false promises.
Handle the legal heavy lifting so you can focus on healing and rebuilding.
Fight for your children, your finances, and your future—all while treating you with dignity and respect.

The Issues We Help You Resolve
No two families are the same, and no two divorces look alike. Our attorneys help clients navigate even the most complex issues, including:

Division of marital property, assets, and debt
Child custody and parenting arrangements
Child and spousal support
Protecting your business, retirement accounts, and financial future
When needed, we also help uncover hidden assets, ensure income is fully reflected in support agreements, and draft fair property settlement agreements.

Get Guidance, Not Guesswork
The decisions you make now will shape your future. You deserve lawyers who will protect your best interests, not just move paperwork. At Petrelli Previtera, LLC., we combine award-winning litigation skill with proven negotiation strategies—always aiming for clarity, confidence, and character in your case.
Start Your Next Chapter with Confidence
If you’re considering divorce or already in the process, you don’t have to go through it alone. Call Petrelli Previtera, LLC. today to schedule a confidential consultation. We’ll listen to your story, outline your options, and help you protect what matters most so you can move forward with clarity and confidence.

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### [Legal Separation](https://www.petrellilaw.com/legal-separation/)
Legal Separation vs. Divorce

Despite how appealing marriage might look, it’s not always smooth sailing. Sometimes circumstances may change dramatically after getting married. One spouse may feel the need for a time-out but isn’t ready yet for a divorce. This situation may call for a legal separation, which often precedes a divorce, and varies from state to state.
A legal separation is like hitting the pause button on your marriage. Both spouses move to different houses and start living separately. However, legal separation is more than just living apart. You would need to get the court to approve your decision and put together a legal separation agreement.
It’s important to note that not all states allow legal separation. For example, legal separation is not recognized under Pennsylvania or Philadelphia Law. Neither is it recognized in the state of Texas. In these states, you need to file a divorce to legally and unequivocally separate from your partner.

What Differentiates a Legal Separation from a Divorce?

Unlike in a divorce proceeding, parties in a legal separation agreement remain legally married. If, after being granted a judgment of separation, a couple decides that a divorce is the better option, they must file a Petition for Divorce.
In many ways, however, a legal separation is very similar to a divorce. From a practical perspective, it allows the spouses to separate from each other in an attempt to develop their own lives. Depending on how far they choose to take it, a separation allows former spouses to begin to split up marital property, find new places to live, consider arrangements for children, and undertake other decisions that many divorcing couples also address.

Reasons to Choose a Legal Separation Over a Divorce

Couples may consider a legal separation for both financial and personal reasons.


For some couples, their cultural or religious beliefs strongly discourage divorce, making legal separation a more viable option.
A legal separation allows spouses to continue filing taxes jointly, which can lead to some tax benefits.
If you’re not 100% certain that you want a divorce, a legal separation can give you the wriggle room to figure things out while still protecting you financially.
For other couples, there might be circumstances that place restrictions on their ability to divorce. For instance, a spouse might be in a very serious medical condition for which she needs continuing treatment. If she is receiving medical insurance through her husband, she may not be in a position to give up that insurance through a divorce.
A legal separation allows one partner to continue benefiting from the other partner’s health insurance coverage, whereas a divorce would indefinitely cut off that coverage.


Legal Separation Frequently Asked Questions (FAQs)

1. What’s Included in My Separation Agreement?

A separation agreement generally covers:

Basic information such as the date you tied the knot, the date you separated (or will separate)
Who will pay which bills
Who the children will live with (that is if you have children)
How property, like your matrimonial home and cars, will be divided up and cared for

It is crucial to think through the terms of your legal separation. If you decide later on to dissolve your marriage, the terms of your separation agreement can become the terms of your divorce.




2. Should I Request the Court for a Separation Agreement?

No. A court will not give you—or draft for you—a separation agreement. It’s up to the two of you, or your lawyers, to draft a legal separation agreement. Once your agreement has been signed and notarized, you then file it with the local court.While it’s tempting to draft your own separation agreement, it’s not always the best course of action. Have a qualified attorney handle the nitty-gritty of your separation agreement on your behalf.




3. How Long Does a Legal Separation Last?

You can be legally separated for however long you and your spouse think is best. However, if you intend to use your legal separation as the basis for a divorce, you and your spouse must have been living apart for at least 12 months (in most states) or six months (in others). This is typically referred to as the “cooling off period.”



4. What are the Grounds for Legal Separation?

In most states across the country, the grounds for legal separation are:

Incurable insanity
Irreconcilable differences, from which the marriage cannot recover





5. Is a Long Separation Dangerous?

To some extent, yes. For one, any debts accumulated while you are married cannot be removed with a legal separation. Secondly, a legal separation makes it difficult to obtain the paperwork needed to split up retirement assets. As such, a short separation might be in your best interest as you figure out the way forward.



Consider Moving Forward with a Divorce

In the grand scheme of things, it’s always prudent to proceed with a divorce. While a legal separation gives you the space to rethink the status of your marriage, it’s ultimately not the best way to end things. Divorce is. An experienced, award-winning divorce attorney can relentlessly advocate for your rights, fight for your interests, and ensure you build a solid foundation for the next phase of your life. Contact us today at  Petrelli Previter and we’ll be more than willing to assist!

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### [Child Custody Lawyers](https://www.petrellilaw.com/child-custody-lawyers/)
Child Custody Lawyers

After divorce, child custody is perhaps the most contentious area of family law. Most parents want custody of and access to their children, and are willing to do just about anything to get it. Understanding the different facets of child custody is the first step to earning a favorable custody arrangement.




Types of Custody Arrangements
Custody plans are often as unique as the families asking for it. Your final custody arrangement will depend on your specific family and its circumstances. Generally, though, there are two main types of custody:

Physical custody: Typically revolves around who the child or children will spend their time with. This often means where the children come to after school or where they sleep.
Legal custody: This has a lot to do with the decision-making between the parents. Legal custody affords you the ability to make choices about your child’s medical care and education, for example.

For each type of custody, the court can either decide that it goes to one parent or it remains shared. Sometimes, one parent gets sole physical custody, and the other gets scheduled visitation with the children. Other times, the court settles for joint custody, which would mean the children share significant amounts of time with both parents. That often means half the week with one parent and half the week with the other, or a week at one place and a week at the other place. However, joint custody only works if parents live relatively close to each other, as it reduces the stress on the children and allows them to maintain a somewhat normal routine.
Who Determines Custody?
Like most family law issues, parties in a custody tussle are often in control of their own fate. Most family courts in the country prefer that separating or divorcing parents reach an amicable agreement on their own or with the help of a mediator or arbitrator. Doing so often saves both parents a good deal of time and money that would have otherwise been spent in court, and it typically leaves both parties feeling satisfied with the final arrangement.
However, not all custody negotiations end with a satisfactory arrangement. If the parents can’t decide on how best to allocate custody and visitation, a judge will. In most states, the judge awards custody to the parent who can meet the “best interests of the child.”
The Best Interests of the Child: Factors the Court May Consider When Deciding Custody
All states use a “best in interests of the child” standard in contentious custody cases. This standard determines everything from visitation rights to who is named as the child’s conservator to the child’s living arrangements.
The best interests of a child vary from one case to the next but generally depend on these factors:

The level of involvement each parent has had in the child’s upbringing
The emotional bond that the children have with each of their parents, as well as any siblings outside of this particular family unit
The child’s age, sex, and physical and mental health
The child’s established living pattern (home, school, community, and religious institution)
Each parent’s physical and mental health
Each parent’s willingness to support the other parent’s relationship with the child
Each parent’s ability to provide the child with guidance
Each parent’s living situation and other social factors
The child’s preference if the child is old enough—usually, older than 12—to express an opinion
Evidence of past abuse or neglect

Depending on your family’s unique situation, the judge may consider other factors when deciding custody.
Modifying an Existing Child Custody Arrangement
Child custody arrangements are not set in stone. To modify a court-ordered agreement, you have two options:

Agree on changes with the other parent
Let the court rule on disputed changes

Either way, a court will only modify an existing child custody plan under certain circumstances, such as:

A shift in the child’s needs due to health, age, etc.
A long-term change in the parent’s work schedule
A shift in the family’s finances
When the child is in danger
When the parent refuses to honor the custody terms


Common Child Custody Questions

Are Custody Decisions Always Biased in Favor of Mothers?

No. Times have changed. In this era, mothers and fathers are viewed in the same light—both equally capable of being breadwinners and participating in child-rearing duties. As such, courts no longer take a biased approach when awarding custody. They typically base their decisions on the best interests of the child. If joint custody is off the table, they look for the parent who’ll ensure the child gets the best preparation possible for their adult life.




Is It Possible to Get a Temporary Emergency Custody Order?

Yes, sometimes courts will issue a temporary emergency custody order. However, for this to happen, there must be a true emergency. A common reason to seek a temporary emergency custody order is when the child is a victim of neglect or physical abuse.



Can a Non-Custodial Parent Be Denied Visitation?

Although a rare occurrence, it is possible for a non-custodial parent to be denied any visitation. Most of these instances involve a threat or danger from the non-custodial parent. This might include past convictions or allegations of abuse, alcohol or drug addiction, or the knowledge that the non-custodial parent would take the child out of state.



Do Grandparents Have Any Rights Related to Child Custody?

Technically, grandparents have no legal rights pertaining to child custody. However, some circumstances may allow grandparents to seek custody, i.e., if the children are unsafe with their parents. Often, when grandparents have custody, they are also eligible for child support.



What is the Difference Between Mediation and Arbitration?


The main distinction is that a custody agreement reached through mediation is non-binding in court, whereas an agreement reached through arbitration can either be binding or non-binding. Most courts generally prefer both of these processes to a courtroom battle.





How We Can Help
The idea of having to battle for the right to be with your child can be overwhelming, both financially and emotionally. It’s so easy to make rash decisions in the heat of the moment. You need a family law attorney to help you make sense of everything and reach your goals quicker.
The award-winning child custody lawyers at Petrelli Previtera, LLC are on hand to help. We know a thing or two about crafting a durable custody schedule, and we want to put our knowledge to work for you.
When you retain us, rest assured that our focus will be on the child’s best interests. If a court hearing is necessary, our attorneys will relentlessly advocate for your visitation or custody rights. We can also help you create a conclusive parental plan outside of the courtroom. Whatever option you choose, our promise remains true: doing everything possible to bring clarity out of your child custody chaos.
Call (866) 465-5395 to schedule an appointment.

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### [Alimony Lawyers in Linwood NJ](https://www.petrellilaw.com/alimony-lawyers-in-linwood-nj/)
Linwood Alimony Lawyers
Alimony Lawyers in Linwood Helping Divorcing Couples to Navigate their Alimony Chaos
For most couples in Linwood, ending a marriage through divorce is a bitter-sweet affair. Sadly, it’s the bitter moments that reign supreme. One such moment is when each spouse is forced to adjust to several changes, including the reality that they stand to lose the benefits of a dual-income household.
When one spouse faces economic hardships during or after a divorce, alimony can provide immediate or long-term resolution. Often paid out in periodic sums, alimony—also known as spousal support—allows the dependent spouse to maintain their standard of living during the transition back into the workforce.

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### [Spousal Support Lawyer](https://www.petrellilaw.com/spousal-support-lawyer/)
Spousal Support Lawyer
Spousal Maintenance | Petrelli Previtera, LLC
Spousal support is a complex area of family law, and having and lawyer to help you through the process can be invaluable. On this page, you will find information about spousal support, the role of a spousal support lawyer, and how to find one.
What is Spousal Support?
When you divorce, one of you may agree to pay the other ongoing spousal maintenance payments. Spousal maintenance is different from child maintenance. Child maintenance is regular financial support that helps cater for the everyday living costs of raising a child when the parents are divorce.
Spousal Maintenance vs. Spousal Support: What is the Difference?
Some people mistakenly use the terms “spousal maintenance” and “spousal support” interchangeably, but there’s a crucial difference:
Although both involve payment of money by one spouse to the other, spousal maintenance is typically paid after a divorce, while spousal support is paid while the couple is still married. As often is the case, a spouse seeks spousal support in a family court in the event that the other spouse is not meeting his or her support obligations.
 
Which Factors Come into Play When Determining Spousal Maintenance?
When a couple ends their union, the court will decide whether or not to award spousal maintenance. Maintenance payments are set either for a specific period of time or for life. In most cases, however, the court sets the payments for a number of years.
In most states across the country, spousal maintenance is gender-neutral. This means courts can, and do, award spousal maintenance to both men and women. However, in most divorce cases, men rarely pursue spousal maintenance. This is simply because men in the U.S., on average, continue to earn more than women. Add that to the fact that men hardly drop out of the workforce when children are born, and it becomes clear why many of those who seek spousal maintenance are actually women.
When coming up with a spousal maintenance decision, courts primarily focus on the earning capacity of each spouse as well as the couple’s standard of living while married. To decide on the amount, duration, and type of a maintenance award, the courts often consider the following factors:

Duration of the marriage: The longer the marriage, the higher the probability of getting a huge maintenance award.
The health and age of the parties: Courts tend to award larger maintenance awards in cases where one spouse is of ill health or considerably old.
The future earning capacity of both spouses: If one party has the ability to obtain education or employment and eventually become financially stable, maintenance will be awarded for a shorter period of time. The vice versa also applies.
Outstanding, additional expenses for the children: The custodial parent may be eligible to receive a large maintenance award so as to cater for the costs of daycare, schooling, and hospital visits for the couple’s children.
The equitable distribution of marital property: Most courts across the nation, including those in Pennsylvania and New Jersey, often split a divorcing couple’s assets in a manner that’s equitable and just. This simply means that each partner doesn’t exactly get half of the assets. In the context of spousal maintenance, it means if one partner gets the matrimonial home, that partner might have to pay maintenance to the other partner to pay off his or her equity in the house.

Depending on a state’s spousal maintenance laws and the circumstances surrounding the divorce, the above factors may vary significantly. Also, there are additional factors that courts tend to consider when deciding maintenance payments, including a spouse’s need to incur training or earn a degree, the tax consequences to each party, and the property of each spouse.
 
Can a Spousal Support Lawyer Negotiate Spousal Maintenance?
Sometimes, a divorcing couple will agree to a spousal maintenance plan. In such cases, the spouses call upon the help of a family law attorney who helps them draft an amicable payment plan as well as iron out any contentious issues.
While the plan may vary depending on the circumstances of the divorce, most separating couples agree to higher payments for the first few years. This agreement gives the dependent party the flexibility to acquire training or pursue a degree that might ultimately help him or her earn a job. Once the receiving spouse enters the workforce, the payments are considerably reduced.
 
Trust The Spousal Support Lawyers at Petrelli Previtera, LLC to Handle Your Spousal Maintenance Negotiations
If you need help crafting a spousal maintenance plan, long-term or temporary, our award-winning family law attorneys are available to provide you with guidance. We have successfully helped many of our clients negotiate spousal maintenance terms and develop creative, well-thought-out payment plans. Contact us today to schedule an initial consultation.

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- [Washington DC Family Law Attorney Full Content Group](https://www.petrellilaw.com/llms/full/page-washington-dc-family-law-attorney.txt)
- [Georgia Family Lawyers Full Content Group](https://www.petrellilaw.com/llms/full/page-georgia-family-lawyer.txt)
### [Estate Planning Attorneys in Linwood, NJ](https://www.petrellilaw.com/estate-planning-attorneys-in-linwood-nj/)
Many people in Linwood reach a point where they want to get their affairs in order and make sure everything is clearly set up for the future. Estate planning is about putting those decisions in writing so your family is not left guessing or dealing with unnecessary complications.
At Petrelli Previtera, our estate planning attorneys in Linwood, NJ help individuals and families create plans that reflect their goals and provide clarity moving forward. Whether you are starting with a will or considering trusts as part of a broader strategy, we work with you to build a plan that fits your situation.
What Estate Planning Means for New Jersey Families
Most people think estate planning is just about deciding who gets what. In reality, it also involves how assets are managed, when they are distributed, and who is responsible for carrying out your wishes.
New Jersey law sets specific requirements for how estate planning documents are created and carried out. Without a plan in place, state law determines how assets are distributed and who is in control, which may not reflect what you would have wanted.
For many families, especially those with children or more complex financial situations, those details matter just as much as the distribution itself.
Wills and Trusts: Building a Complete Plan
A will is an important starting point. It allows you to name who receives your assets and who will serve as guardian for minor children.
But a will does not control what happens after assets are passed on, and in many cases, it must go through probate.
A trust can add that layer of protection by allowing you to:

Control when and how your beneficiaries receive assets
Appoint someone you trust to manage funds for your children
Help reduce delays and court involvement
Provide structure for long term financial support

We regularly speak with families who assumed a will was enough, only to realize later that it did not address how their children would actually receive or manage those assets.
For example, leaving assets directly to a child can mean they receive everything at 18. A trust allows you to structure those funds to support education, milestones, or long term needs instead.
Estate Planning Services We Provide
Our team works with individuals and families across Linwood and Atlantic County to put plans in place that cover both immediate and long term needs.
This often includes wills, trusts, powers of attorney, healthcare directives, and planning to help simplify the process for your family later.
What Happens If You Do Not Have an Estate Plan in New Jersey
If you pass away without a will or estate plan in New Jersey, state intestacy laws determine how your assets are distributed. This follows a fixed formula based on your surviving spouse, children, or other relatives.
This may not reflect your preferences, and it does not address how assets should be managed for minor children or who should be responsible for handling important decisions.
Having a clear estate plan allows you to make those decisions in advance rather than leaving them to the court.
Why Choose Petrelli Previtera
Estate planning is not just paperwork. The decisions you make now affect how your family is supported later. Our team focuses on building plans that work in real situations, not just on paper.
Clients choose our firm because:

We explain your options clearly so you can make informed decisions
We look at the full picture, not just individual documents
We integrate estate planning with major life events, including divorce and family changes
We focus on long term outcomes, not just getting documents signed

We understand that many clients come to us during times of change. Our role is to bring clarity and help you put a plan in place that moves things forward.

Estate Planning FAQs in Linwood, NJ

Does a will have to go through probate in New Jersey?


        In most cases, yes. A will typically goes through probate through the county Surrogate’s Court. While the process can be straightforward, it still requires filings and coordination with the court.
      



How Does Probate Works in New Jersey?


In New Jersey, probate is typically handled through the Surrogate’s Court in the county where the person lived. This process involves validating a will, appointing an executor, and overseeing the distribution of assets.
While probate can be relatively straightforward in some cases, it may still involve paperwork, waiting periods, and coordination with the court. For families, that can mean added steps at an already difficult time.
Planning ahead, including the use of trusts or properly titled assets, can help reduce what needs to go through probate and make things easier for your family.




Can estate planning help avoid probate?


        Yes. Certain tools, including trusts and beneficiary designations, can allow assets to pass outside of probate and simplify the process for your family.
      



What documents are usually included in an estate plan?


        An estate plan may include a will, trusts, powers of attorney, and healthcare directives. The right combination depends on your family, your assets, and your long term goals.
      



When should I update my estate plan?


        You should review your estate plan after major life changes such as marriage, divorce, the birth of a child, or significant financial changes. Regular updates help ensure your plan still reflects your wishes.
      



What to Expect During Your Consultation
Your consultation is focused on understanding your situation and helping you take the next step.
We will review your family structure and assets, talk through your goals, and walk through whether a will, trust, or combination makes the most sense under New Jersey law. From there, we outline clear next steps so you know how to move forward.
Get Support From Award-Winning Attorneys at Petrelli Previtera
If you are looking for an estate planning attorney in Linwood, NJ, our team will walk you through your options and help you put a plan in place that works for your family.
Schedule a confidential consultation today to get started.

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### [Norristown, PA, Estate Planning Lawyers](https://www.petrellilaw.com/pennsylvania-family-law-attorneys/norristown/estate-planning-lawyers/)
Estate Planning Lawyers in Norristown
Estate planning allows you to ensure that your assets are distributed according to your wishes after your death, but it does much more than just that. A comprehensive estate plan can help you lower your tax liability, make known your wishes for medical treatment, and even designate guardians for your children or pets.
The world of estate planning is difficult to navigate — and it’s often emotionally charged as well. The Norristown, PA, estate planning lawyers at Petrelli Previtera, LLC, are here to help you prepare for the future, secure your finances, and give yourself and your loved ones priceless peace of mind.
If you have questions about the process or are ready to get started, get in touch with our team to schedule a consultation today.
How Our Norristown, PA, Estate Planning Lawyers Can Help You

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### [Video Library](https://www.petrellilaw.com/video-library/)
Why Hire Petrelli Previtera

        
      


Pennsylvania Equitable Distribution during Divorce

        
      


How to Handle Joint Debts in a Divorce

        
      


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What To Do if Your Spouse Filed for Divorce First?

        
      


Stop Your Spouse From Taking Your Money During A Divorce

        
      


How To Protect Yourself When Divorcing A Narcissist

        
      


What Are My Rights if My Spouse Cheated?

        
      


How to Protect your Business During a Divorce

        
      


Divorce Lawyer Near Me | What to Ask Before You Hire One

        
      


The Truth About Divorce Mediation & Why You Need a Lawyer

        
      


What Judges Really Look for in Child Custody Cases

        
      


What Happens When You Do a Divorce on Your Own?

        
      


Preparing Kids for the Transition to Two Homes

        
      


Questions to Ask a Divorce Attorney Before Hiring

        
      


Rushing a Divorce: Risks You Can’t Afford to Take

        
      


Addressing Common Fears About the Divorce Process

        
      


Questions to Ask Before Hiring a Divorce Lawyer

        
      


Modern Challenges and Old Reasons for Divorce

        
      


Finding Peace Instead of Fighting a War

        
      


¿Qué se considera propiedad matrimonial en Pensilvania?

        
      


Finding Your Voice Through Difficult Times

        
      


Preparing Financially for Divorce: Key First Steps

        
      


The Power of Representation in Divorce Cases

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- [Colorado Family Lawyer Full Content Group](https://www.petrellilaw.com/llms/full/page-colorado-family-lawyer.txt)
### [Doylestown, PA Estate Planning Lawyers](https://www.petrellilaw.com/doylestown-pa-estate-planning-attorney/)
Planning for the future is something we all need to think about, even if it sometimes feels a little daunting. Estate planning in Doylestown, PA, isn’t just about getting your affairs in order. It’s ensuring your family is well taken care of when you’re not around and helps avoid family disputes, uncertainties about your final wishes, and spares your loved ones the emotional strain that comes with intestacy.
A clear estate plan also helps your family avoid legal battles, unexpected taxes, and delays in transferring assets.
At Petrelli Previtera, LLC, we work with families just like yours to create estate plans that fit their needs. Schedule a consultation with our award-winning team and they’ll help you handle all estate planning-related matters with as little hassle as possible.
Who Gets What If You Don’t Have a Will in Pennsylvania

>

In this video: Firm partner and Philadelphia Divorce Lawyer Melinda Previtera covers the basics of a PA Divorce, including timelines.


Our Estate Planning Attorneys in Doylestown, PA
At Petrelli Previtera, LLC, we help families in Doylestown with all their estate planning needs. Whether you’re planning ahead or dealing with a loved one’s estate, we’re here to guide you through the following:
Wills
A well-drafted will ensures your assets are distributed according to your wishes after your passing. It prevents confusion and conflicts among family members and gives you the peace of mind that everything is handled the way you planned.
Without a will, the law of intestate succession takes over. This means the state of Pennsylvania decides how your property is divided, potentially leaving your loved ones without the support they need.
Trusts
Trusts give you control over how your assets are managed and passed on. Creating the right trust can help you avoid the burden of probate and make this process much smoother for your family.
Whether you need a revocable trust for flexibility in managing your estate or an irrevocable trust to better protect your estate and minimize taxes, we’re here to help.
Powers of Attorney
A power of attorney helps ensure that your financial and medical decisions are in trusted hands if you’re unable to make them yourself.
Our estate planning attorneys help you appoint a financial power of attorney to handle your financial affairs and a healthcare power of attorney to make medical decisions on your behalf.
Living Wills and Advance Directives
Living wills and advance directives let you share your medical care wishes if you are unable to communicate them, in the event of a serious medical issue.
They take the pressure off your family by guiding them on what you want, so they don’t have to make tough choices during such a tough time.
Probate and Estate Administration
Dealing with the probate process and estate administration can feel like a lot to handle, especially after losing a loved one.
You can rest assured that our team will support your estate executors and beneficiaries, and help them manage everything smoothly and with less stress. We’ll ensure that every step of the probate process complies with Pennsylvania law.

Why Our Award-Winning Attorneys Will Help You Plan Your Estate
Life is constantly changing, and so should your estate plan. Major life events such as marriage, the birth of a child, divorce, or acquiring new assets may require your estate plan to change. If you fail to update it regularly, it may no longer reflect your current situation, leaving your loved ones vulnerable to legal complications.
Here’s why at Petrelli Previtera, LLC, we encourage our clients to review their estate plans regularly:

Protect and distribute your assets according to your wishes.
Shield your estate from unnecessary taxes and creditors.
Help your loved ones avoid the lengthy and costly probate process.
Reduce the likelihood of disputes among family members.
Give you more control over your healthcare and financial decisions.
Provide for your minor children.
Help ensure the smooth transition of your family business.
Support charitable causes.

As you can see, the benefits of an estate plan cannot be overstated. Experience these and more benefits by working closely with our award-winning Doylestown attorneys to ensure that your estate plan is always current per your wishes.
Ready to discuss your estate planning needs? Please contact Petrelli Previtera at 215-645-4297
We Always Take a Client-Centered Approach to Your Case
We understand that no two families or individuals are alike, which is why we take a personalized approach to every estate plan we create. Our attorneys listen carefully to your unique concerns, goals, and family situations to provide a solution that only fits your specific wishes.
Rather than take a one-size-fits-all approach, we tailor every interaction to you so we can design every detail of your estate plan to meet your specific needs.
Steps We Take in Handling Your Estate Plan

 Initial consultation: We get to know you, your family, and your financial situation. During this meeting, we’ll discuss your goals, review any existing documents, and identify your primary concerns.
 Assess your needs: We then conduct a comprehensive assessment of your estate planning needs and explain various estate planning tools.
 Design a customized estate plan: With a clear picture of your goals, we begin designing a plan tailored to your specific situation and preferences.
 Review and feedback: We review the estate plan draft with you in detail to ensure it aligns with your wishes. We welcome your feedback and adjust the plan accordingly to reflect your goals.
 Execute legal documents: Once we finalize the plan, we guide you through the legal process of signing and executing all necessary documents according to Pennsylvania’s law.
 Provide ongoing support and updates: We believe in building long-term relationships with you and encourage reviewing the plan regularly. Our attorneys are always available to update the plan as your life evolves, ensuring it stays current and effective.

Understandably, this process can be overwhelming. That’s why at Petrelli Previtera, we’re committed to making the estate planning process comprehensive, centered around you, and most importantly, as simple as possible.

Common Estate Planning Questions

Do I need a will if I have a trust?


A trust can help manage and distribute certain assets, but it’s important to have a will to ensure all your property is covered. A will addresses any assets not included in the trust and designates guardians for minor children.




How often should I update my estate plan?


You should review your estate plan every few years or after significant life changes, such as marriage, divorce, the birth of a child, or acquiring new assets. Keeping your estate plan up to date ensures your wishes are always reflected accurately.




What happens if I die without a will in Doylestown, PA?


If you pass away without a will, Pennsylvania’s intestacy laws will determine how your estate is divided. This may not align with your wishes, and your loved ones could face a lengthy and costly legal process.




Can I avoid probate in Doylestown, PA?


Yes, with the right estate planning tools, such as trusts, you can avoid probate for many assets. Our attorneys will help you create a plan that minimizes or eliminates the need for probate, saving your family time and money.




How does Pennsylvania’s inheritance tax affect my estate?


Pennsylvania imposes inheritance taxes on estates, but the rate varies depending on the relationship between the deceased and the beneficiary. Our attorneys can help you navigate these tax implications and structure your estate to minimize taxes.




Why Choose Petrelli Previtera for Estate Planning in Doylestown, PA?
Here’s why Petrelli Previtera, LLC is trusted by families and individuals across Doylestown:

Award-winning team with accolades such as the  5000 mention, Super Lawyers recognition, and Martindale-Hubbell’s Gold Client Champion Award.
We provide tailored legal solutions.
In-depth knowledge of Pennsylvania estate planning law.
We’re committed to clear, compassionate communication every step of the way.
Our firm has received over 200 five-star client reviews.

You’ve raised a wonderful family, worked hard to accumulate several assets, and built a legacy. You can entrust our award-winning Doylestown attorneys to help you protect and handle all these according to your wishes and per Pennsylvania estate planning law.
Take the First Step Toward Protecting Your Future
Estate planning is one of the most important steps you can take to protect your family’s future. Don’t leave it to chance; secure your legacy today by scheduling a consultation with one of our experienced estate planning attorneys in Doylestown, PA.
Whether you need help drafting a will, setting up a trust, or navigating the probate process, Petrelli Previtera, LLC is here to guide you every step of the way. Contact us today at (267) 938-4480 or schedule your consultation online. You can also visit our Doylestown office at 123 N Broad Street, Doylestown, PA 18901
Get Directions
 

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- [Our Team Full Content Group](https://www.petrellilaw.com/llms/full/page-our-team.txt)
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### [Norristown Child Custody Lawyers : Your Questions Answered](https://www.petrellilaw.com/pennsylvania-family-law-attorneys/norristown/child-custody-lawyers/)
Norristown Child Custody Lawyers
Among family law’s most contested and emotionally charged issues is custody. In most people’s lives, their children are the most important aspect of their happiness and well-being. Our time with our children is already limited because of work hours, commutes, and other obligations, so it’s natural to want more when you don’t have full custody. You can trust our Norristown child custody lawyers to handle negotiations and legal proceedings related to child custody, and we can’t wait to work for you.
Why Choose Us?
In our opinion, Petrelli Previtera, LLC provides several clear advantages:

A results-driven approach: We fight for the results you want, need, and deserve.
Low-risk, low-stress approach: Our cases are resolved as quickly as possible, saving you time and stress.
Consistent communication: We keep you up-to-date on the legal process by communicating regularly with you.
Unparalleled dedication: We don’t dabble in everything. We focus on the one thing you need: tangible results.

Having a fast and results-oriented family law attorney is important for many reasons. Cost-effectiveness is one of its advantages. In most cases, the faster the process goes, the less expensive the case will be. This is especially true if you are trying to avoid litigation. Furthermore, we have found that the longer a child custody case takes, the more damage it can cause.
Types of Custody in Norristown 
As in all divorces and family law matters, it is beneficial for you if you and your spouse can agree on custody arrangements. It is possible to negotiate or mediate through conflicts and come to terms that everyone agrees to even if you encounter some roadblocks. These terms will be outlined in a legal contract called a child custody agreement, to which both parents will be bound. In the event you cannot reach an amicable agreement, the court will have to step in and make the final decision for you.
In Norristown, there are two types of custody:
Sole Custody
A parent who has sole custody of their child is responsible for the physical and legal upbringing of the child. Consequently, one parent is solely responsible for making key decisions about the child’s upbringing, including medical care, education, and religious instruction. Visitation rights are granted to the other parent, but he or she usually does not have any decision-making authority over the child.
Joint Custody
Joint custody means that the parents share decision-making responsibilities for the child. Additionally, they are equally responsible for the child’s physical well-being. Having joint custody does not necessarily mean that both parents will get equal time with their children. The term simply means that both parents have regular and substantial contact.
Norristown Custody Factors
Children’s best interests are the guiding principle for Norristown family court judges in determining child custody matters. Among the factors weighed by the court are:

Child preference (with older children being given more weight).
The parent who can keep the child the safest.
The willingness of each parent to foster a close and continuing relationship between the child and the other parent.
The history of abuse by any party towards the other parent or child.
Stabilizing and continuing the child’s education, family, and extracurricular activities.
Which parent has been the primary caregiver.

These factors are considered by the court when determining the child’s best custody arrangement. When parents can reach an agreement without going to court, these factors are helpful guidelines for creating a parenting plan.
Relocation & Custody
In the event you have sole custody of a child, you do not have the right to relocate them. It is your responsibility to inform the non-custodial parent before relocation. If the non-custodial parent consents to the move, he or she may work with you to establish a new visitation schedule. If the non-custodial parent does not want the child relocated, they can tell the judge in family court. Consult with a Norristown child custody attorney before moving away with your child, regardless of how custody was arranged.

Common Questions about Child Custody in Norristown
Having handled custody cases in Norristown, PA for decades, our award-winning attorneys have decades of combined experience. Here are some frequently asked questions about the child custody process to keep you informed.

Can I change my existing child custody order?


When you or your coparent’s life has changed significantly, your custody order may need to be modified in court if it no longer meets the needs of you or your children. If you are interested in changing your custody order, we can help you determine the next steps, if you qualify for a modification, and walk you through the legal process.




Can a child choose in a Norristown custody case?


The preference of a child to live with one parent may be considered, depending on the child’s age. As the child approaches 18 years old, the court will give more weight to the child’s wishes. Courts will examine closely the reasons behind the child’s preference to live with the other parent.




How does the law determine an unfit parent?


If a parent has a proven record of abuse as shown in police reports, medical reports, or Bucks County Child Welfare reports, this can render the parent unfit. As well as losing custody, restraining orders may prevent them from contacting their children or co-parents.




Can a custodial parent refuse visitation in Norristown?


Unless visitation is deemed not to be in the child’s best interests, a noncustodial parent has the right to visit and spend time with their child. Without court approval, it is illegal to deny visitation rights. It is possible to be held in contempt of court if you violate this code.




Bringing Clarity Out of Chaos: That’s Our Commitment at Petrelli Previtera, LLC
It can be devastating to think about giving up time with your children, and the Norristown child custody lawyers with Petrelli Previtera, LLC understand this. In the midst of chaos, you can trust our compassionate and experienced Pennsylvania family law firm to bring clarity. From deciding how to approach custody in a divorce to protecting your parental rights to pursuing a post-divorce modification, we can provide you with the counsel and advocacy you need. If you have any questions regarding custody, call us at (267) 938-4480.

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### [West Chester PA Estate Planning Attorney](https://www.petrellilaw.com/pennsylvania-family-law-attorneys/west-chester/estate-planning-lawyers/)
West Chester PA Estate Planning Attorney
At Petrelli Previtera, LLC, our West Chester, PA estate planning attorneys understand the importance of creating a comprehensive estate plan. We work closely with our clients to develop a plan that meets their goals and protects their assets.
Why Do You Need an Estate Plan?
An estate plan is an important part of planning for the future, regardless of your age or financial situation. By creating an estate plan, you can ensure that your assets and wishes are respected after you pass away. Additionally, an estate plan can help you plan for the unexpected, including disability, illness or other unforeseen circumstances.
Who Gets What If You Don’t Have a Will in Pennsylvania

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In this video: Firm partner and Philadelphia Divorce Lawyer Melinda Previtera covers the basics of a PA Divorce, including timelines.


Our Legal Team Can Help
At Petrelli Previtera, LLC, our West Chester, PA estate planning attorneys have the experience and knowledge to help you create the right plan for your needs. We will work with you to evaluate your assets, determine the best plan for your situation, and create a comprehensive estate plan that meets your goals. We can also help you understand the laws and regulations related to estate planning in Pennsylvania.
Why Choose Petrelli Previtera, LLC As Your West Chester PA Estate Planning Lawyer?
When you’re looking for an estate planning attorney who can provide you with the highest quality service, trust the experienced and award-winning attorneys at Petrelli Previtera, LLC. Here are just a few reasons why you should choose us:

We are an Inc. 5000 firm
We stay on top of the latest laws, rules, and best practices in estate planning law.
We offer customized solutions and top-of-the-line customer service.
We are goal-oriented, meaning we handle every case with a high-level service from our very first encounter.
We endeavor to form solid attorney-client relationships, leading to satisfactory results from start to finish.
Our award-winning estate planning attorneys focus on collaboration and strategic planning but can litigate your case as needed.
From negotiated agreements to complex litigation, we work tirelessly to earn the best results for our clients.


Common Questions About Estate Planning in Pennsylvania
Our West Chester, PA estate planning attorneys can answer any questions you have about creating an estate plan in Pennsylvania. Some common questions include:

What are the Benefits of an Estate Plan?


An estate plan is designed to protect your assets and ensure that your wishes are followed after your death. An estate plan can help you avoid probate and reduce tax liability, and can help your loved ones avoid lengthy and costly court proceedings. An estate plan can also provide for the care of minor children or other dependents, and can allow you to specify how you want your assets distributed.




How Do I Ensure That My Estate Plan is Properly Executed?


When creating an estate plan, it is important to ensure that all of the necessary documents are properly executed. This includes preparing a will, a living trust, a durable power of attorney, and other documents as necessary. An experienced estate planning attorney can help you create a plan that meets your needs and ensures that all of your wishes are followed.




What Happens if I Don’t Have an Estate Plan?


If you do not have an estate plan in place, your assets will be distributed according to the laws of your state. This may not reflect your wishes and can result in long and costly legal proceedings. It is important to have an estate plan in place to ensure that your assets are distributed according to your wishes.




What Types of Documents Do I Need to Create an Estate Plan?


The documents necessary to create an estate plan depend on your individual needs and wishes. Generally, a will, a living trust, a durable power of attorney, and other documents may be necessary. Your estate planning attorney can help you determine which documents are necessary for your individual situation.




How Do I Choose an Executor for My Estate?


When creating an estate plan, it is important to choose an executor who will be responsible for carrying out your wishes after your death. When choosing an executor, it is important to choose someone who is trustworthy, responsible, and capable of handling the duties of an executor. Your estate planning attorney can provide guidance in selecting an appropriate executor.




What Are the Tax Implications of Estate Planning?


The tax implications of estate planning depend on the specifics of your estate plan. An experienced estate planning attorney can help you understand the tax implications of your estate plan and ensure that you are taking the necessary steps to reduce tax liability.




Get Support From Award-Winning West Chester PA Estate Planning Lawyer
If you’re searching for an estate planning lawyer in West Chester, PA, look no further than Petrelli Previtera, LLC. Our team has been consistently recognized as one of the top firms in Pennsylvania. Founding and managing partner Thomas Petrelli Jr. has received Avvo’s highest possible rating of 10/10. Plus, Inc. 5000 named Petrelli Previtera, LLC on its 2019 Inc. 5000 list, showing our commitment to helping our estate planning clients achieve their goals.
When you need the best West Chester PA estate planning lawyer in your corner, you can count on us. Our award-winning attorneys work tirelessly to earn the best results for our clients. Contact or call us today at (610) 431-4012 or schedule an online consultation with one of our live agents.

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### [Divorce Statistics](https://www.petrellilaw.com/divorce-statistics-for-2026/)
Divorce Statistics
U.S. Divorce Statistics

U.S. 2022 Divorce Statistics, compiled with insights from our Philadelphia divorce lawyers, indicate a complex marital landscape with 40-50% of first marriages and 60-67% of second marriages end in divorce. 

Divorce rates in the United States have been steadily declining over the past few decades, but unfortunately, the divorce rate is still higher than it was in the early 1970s. According to the American Psychological Association, approximately 40-50% of first marriages end in divorce. The divorce rate for second marriages is even higher, with approximately 60-67% of second marriages ending in divorce.
What is the Divorce Rate in the U.S.?
According to the U.S. Census Bureau, the divorce rate in the United States was 3.2 per 1,000 population in 2019, down from 3.6 per 1,000 population in 2018. This means that approximately 827,261 divorces were recorded in 2019, with the total number of divorces since 2000 topping 8.3 million.
What Percent of Marriages End in Divorce?
According to the American Psychological Association, approximately 40-50% of first marriages end in divorce. The divorce rate for second marriages is even higher, with approximately 60-67% of second marriages ending in divorce.
How Many Marriages End in Divorce?
According to the U.S. Census Bureau, there were 2,245,404 marriages in 2019, and 827,261 divorces, which means that approximately 37% of marriages end in divorce.
What is the Current Divorce Rate?
The current divorce rate in the United States is 3.2 per 1,000 population according to the U.S. Census Bureau. This means that approximately 827,261 divorces were recorded in 2019, with the total number of divorces since 2000 topping 8.3 million.


Who is Getting Divorce, When, and Why?
The divorce rate in the United States is highest among adults aged 25-39, with the majority of divorces occurring at the end of the first five years of marriage. The most common reasons for divorce are communication issues, infidelity, and financial problems, among others.
Median Duration of First Marriages That End in Divorce
According to the Centers for Disease Control and Prevention, the median duration of first marriages that end in divorce is 8 years.
Median Duration of Second Marriages
The median duration of second marriages that end in divorce is shorter than the median duration of first marriages. According to the Centers for Disease Control and Prevention, the median duration of second marriages that end in divorce is 7 years.
U.S. Divorce Rate by Occupation
Divorce rates vary by occupation, with some occupations having a higher divorce rate than others. According to the U.S. Census Bureau, the occupations with the highest divorce rates are construction workers, food servers, doctors, and salespeople.
Military Divorce
Divorce is more common among military personnel than it is among civilians. According to the U.S. Department of Defense, the divorce rate for active-duty military members was 3.7% in 2018, down from 3.9% in 2017.
Divorce Rate in Specific Population Segments
Divorce rates vary among different population segments. According to the U.S. Census Bureau, the divorce rate for individuals aged 25-39 is significantly higher than that for individuals aged 40-54. Additionally, The National Center for Family & Marriage Research found that the divorce rate among late-life divorce, or for adults over age 50, doubled between 1990 and 2014, and the number tripled for those over 65.
Additionally, the divorce rate for individuals with a high school education or less is higher than the divorce rate for individuals with a college education or more.
Same-Sex Divorce Statistics
The divorce rate for same-sex couples is lower than the divorce rate for opposite-sex couples. According to the Williams Institute, the divorce rate for same-sex couples is 1.1%, compared to the divorce rate for opposite-sex couples, which is 2.9%.

When Do People Divorce?
The majority of divorces occur at the end of the first five years of marriage, according to the American Psychological Association. Additionally, the divorce rate increases sharply in the first year after marriage and then gradually declines over time. Divorce filing rates peak in March and August, our firm also has noticed an increase in divorce filings in January, which we call The January Effect.
Why People are Divorcing in the United States
The most common reasons for divorce are communication issues, infidelity, and financial problems. Additionally, other factors such as substance abuse, domestic violence, and mental health issues can contribute to divorce.
What Makes People More or Less Likely to Divorce?
Several factors can make people more or less likely to divorce. These include age at the time of marriage, level of education, religious beliefs, and income level. Additionally, people who are more likely to divorce are those who marry young, have a lower level of education, are not religious, and have lower incomes.
How Did Covid Impact Divorce Rates?
Covid has had a significant impact on divorce rates in the United States. According to the American Psychological Association, the number of divorces spiked during the pandemic as couples had to face extended periods of time in close quarters with each other, leading to increased conflict and stress.

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### [Schedule Your Consultation Today](https://www.petrellilaw.com/schedule-a-consultation/)
Take the first step toward a brighter future with confidence.


Whether you’re navigating an amicable split or facing the challenges of a contested divorce, our attorneys are here to provide the expert guidance and support you need. We work to resolve cases efficiently, professionally, and with your best interests in mind.
We offer flexible scheduling options, including virtual consultations via phone or Zoom, to make the process as convenient as possible for you. During your consultation, you’ll receive actionable advice, clarity on your legal options, and a plan tailored to your unique circumstances.
Don’t wait to secure the legal representation you deserve.






In this video: Firm partner and attorney Melinda Previtera covers what to expect during your consultation.
 Melinda Previtera, Esquire

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### [Postnuptial Agreement Lawyer](https://www.petrellilaw.com/postnuptial-agreements/)
Postnuptial Agreement Attorney
A postnuptial agreement can help a couple that has been having conflict in their marriage or domestic partnership. First, they draft a mutually satisfying agreement, which an attorney for each spouse will then review. Once everyone agrees the agreement is fair, the spouses sign the document, which becomes a contract to guide their behavior within the relationship.
Like the more familiar prenuptial agreement, a postnuptial agreement is a legally binding contract between spouses (or between domestic partners) dealing with specific duties and obligations each will assume.
Didn’t get a prenuptial agreement before marriage? It may not be too late.
Many couples use postnuptial agreements to reduce financial stress, clarify expectations, and create stability during important life changes. In the video below, we explain how a postnuptial agreement works and why some couples find it strengthens their marriage rather than undermines it.






Benefits of a Postnuptial Agreement
In many cases, negotiating a postnuptial agreement leads to an emotional breakthrough for the partners. Each one sheds normal defenses as they work to save their marriage. Many couples report achieving a new level of emotional intimacy in the process. More to the point, postnuptial agreement mediation is effective. In many cases, couples find a disintegrating relationship rebuilt more solidly than ever before.
The key is choosing the right mediator. That crucial role must be filled by someone who is compassionate, practical, and skilled at resolving disputes in creative ways. That person must also be prepared to reveal the underlying attitudes that cause those disputes. You’ll need someone with broad experience in mediation and a solid understanding of family law.



Mediation for Postnuptial Agreements
It is extraordinarily difficult for a couple with a troubled marriage to negotiate a fair postnuptial contract without help. Each partner’s emotions, preconceptions, and self-interest gets in the way of an honest exchange. Even when couples have the strongest commitment to saving their relationship, they usually cannot successfully complete postnuptial agreement negotiations on their own.
A Philadelphia family lawyer can make an enormous difference. By using skills in alternative dispute resolution, the mediator can make sure clients remain on task to develop a mutually satisfying bargain. A mediator who is thoroughly familiar with family law can help both sides to be confident the agreement they draft together will stand up under court examination. Certainly, each side will want to review the agreement with their own separate counsel before signing. However, an impartial Philadelphia postnuptial agreement mediator can mean the difference between success and failure.
Our associates assist communication between both parties in a confidential environment, so you can resolve your differences and come to a mutually agreeable solution. Attorney Thomas Petrelli is a family law attorney and certified mediator. He has also served as counsel to review postnuptial agreement drafted by another. Tom is dedicated to helping couples preserve their troubled marriages whenever possible. He sees postnuptial agreements as a useful tool to achieve that goal for many families.

Frequently Asked Questions

My prenuptial agreement does not mention anything about cryptocurrency, can it be included in a postnuptial agreement?

Unless you or your spouse were one of the early adopters of cryptocurrency, your prenuptial agreement probably didn’t give any consideration to cryptocurrency. Cryptocurrency launched in 2009, so, if you have been married long enough, it wasn’t even an asset to consider when your prenuptial agreement was negotiated. Today, many people are including cryptocurrency in their prenuptial agreements. Cryptocurrency is treated like any other property, and in the event that you want to draft a postnuptial agreement, any of the parties who owns cryptocurrency has a duty to make a full disclosure of what they own. There are two main challenges when it comes to including cryptocurrency in a postnuptial agreement: locating it and valuing it.



Contact Our Firm for Assistance
The certified mediators at Petrelli Previtera, LLC have the skills to draft a workable postnuptial agreement that suits your unique assets and circumstances. We also can work as private counsel for one spouse to review a draft agreement objectively.
Contact our firm today to schedule a consultation.
Further Reading
Should I Use a Prenup or Postnup to Protect My Business?Marital Property and Business OwnershipPostnuptial Agreements for Small Business Owners

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### [International Divorce Attorneys](https://www.petrellilaw.com/international-divorce-attorneys/)
International Divorce Attorneys
Divorce is never easy, but for couples going through an international divorce, the process is even more complicated.

The laws regarding divorce, property division, child custody, and support in the United States are not the same as the laws in other countries, which makes these divorces difficult.
You may need an attorney familiar with international divorce if any of these apply:


You married in another country
One or both of you live overseas
You own property in another country
There is the potential for international child custody issues

Who has jurisdiction in my divorce?

In many cases, more than one country has jurisdiction in an international divorce case. Different countries, however, have very different laws and divorce protocols. For this reason, it is paramount that you discuss your situation with a Petrelli Previtera, LLC international divorce lawyer as early in the process as possible. Your attorney will consider all possible jurisdictions for your case and help you decide which is most appropriate for you.
Selecting the right jurisdiction for your divorce can influence the outcome of your case. Many people facing an international divorce find that the laws in the United States allow them to reach a fair settlement with their former spouse. For others, however, filing for divorce in another country is advantageous.
Unfortunately, you may need to make this decision quickly. If your spouse disagrees with the jurisdiction you choose, he or she can simply file in his or her preferred jurisdiction. Whichever party files first determines which court oversees the proceedings.

What are some of the unique challenges of an international divorce?

Because of the differing laws from one country to the next, international divorces have some very unique challenges. These often include:


Property division, especially when one person lives overseas or the property is in another country (e.g., certain countries have very strict privacy laws which can make it impossible to find property)
Relocation of children across country borders
Child custody issues involving multiple governments
Enforcement of court orders, including parenting plans, spousal support, and property division


Another challenge of some international divorces also lies in proving the validity of a divorce finalized on foreign soil. In some countries, laws may dictate that you are still married or that the orders issued in your divorce are not valid.

How can I protect my child in an international divorce?

Filing for divorce in the United States offers a number of protections for your child. These include:


Requiring the consent of both parents before granting a passport for a child
Requiring court approval before either parent takes the child to another country
Preventing the permanent relocation of the child to another country
Protecting visitation rights and ensuring the child lives close enough to follow the parenting plan


If you are afraid your former spouse will take your children out of the country, would like to move back to your home country while maintaining joint custody, or have other child custody concerns, enlist the help of an international family law attorney.

What laws govern international divorce?

Since the 1970s, the international community has made efforts to ease the process of validating divorce and enforcing court orders on property division, child custody, and child support across borders. More than 75 countries are members of the Hague Conference on Private International Law, which includes several divorce-related conventions, including:


Convention on the Recognition of Divorces and Legal Separations
Convention on the Law Applicable to Matrimonial Property Regimes
Convention on the Civil Aspects of International Child Abduction
Convention on the International Recovery of Child Support and Other Forms of Family Maintenance


Not all member countries ratified all of these conventions, but they continue to be applicable in some circumstances. The Hague Convention of the Civil Aspects of International Child Abduction is especially useful, and is often called on in cases where a parent takes a child to another country without approval.

Contact Our Lawyers for Assistance

The attorneys at Petrelli Previtera, LLC have successfully handled many international divorce cases. We will help you determine the best jurisdiction for your divorce and represent you throughout the process. Our knowledge of family law in other countries will help us exercise your legal rights to your property and children.
If you are a U.S. resident involved in an international divorce or are considering one, contact us today at (866) 465-5395.

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### [Grey Divorce: Special Issues in Late-Life Divorce](https://www.petrellilaw.com/grey-divorce/)
Grey Divorce: Special Issues in Late-Life Divorce

While the divorce rate has decreased since its record high in the 80s, it has increased dramatically in the over-50 crowd. In fact, according to a Bowling Green State University study, the divorce rate for people over 50 more than doubled between 1990 (one in ten) and 2010 (one in four).

Why are mature adults getting divorced?

A grey divorce often occurs after the children go to college, take their first jobs, and leave their parents alone in the empty nest.
Raising children together, working, and saving for retirement often kept spouses together through the years, but, in some cases, long-time partners are finding they have few interests in common and little emotional connection left to hold the marriage together.
It is interesting to note that most reports show an unfaithful spouse only rarely contributes to these splits, and instead, the couple has simply grown apart as they have raised their children and focused on their careers.
What are some issues or challenges unique to grey divorces?

While child custody and child support are central in most divorces among younger couples, the children are grown and this is of no concern in the majority of grey divorces. There are, however, other challenges unique to a divorce after age 60. Primarily, this includes the split of:


Home equity
Retirement benefits
Pension benefits
Social Security Considerations

What about the house?

Many older couples raised their children in the family home and planned to stay there for the rest of their lives. These couples often have paid off the mortgage, and the house has equity. How to fairly divide marital assets, such as their home, can be specifically difficult—especially when one spouse wishes to remain in the home. Our attorneys regularly work with clients to settle property issues like this and can talk with you about ways to divide equity in home. 
What do I need to know about retirements and pensions?

By the time couples reach their 60s, they often have significant retirement savings, including:


Pension plans
401(k) accounts
Individual Retirement Accounts (IRAs)


If you or your spouse acquired or contributed to these accounts during the marriage, the law will consider them marital property. That marital property will be divided under state law depending on where you live. For example, Pennsylvania is an equitable distribution state, so spouses must divide all marital property in a fair and just way, regardless of who contributed to the funds.
Sometimes, splitting retirement savings requires filing a special agreement known as a qualified domestic relations order (QDRO). The judge and all parties involved sign this agreement. After all parties sign, the retirement plan administrator will distribute the funds.
Your Petrelli Previtera, LLC attorney can help you identify assets to be divided, explain how equitable distribution will apply to your case, work with you to create a divorce settlement agreement defining how that property will be divided for your divorce, file your QDRO, and protect your assets in your grey divorce.
What about alimony and other spousal support in these marriages?

Courts are under no legal obligation to award alimony, but for couples with long marriages, this may be an important consideration, especially when one spouse stays and home and did not work or only worked for part of the marriage. The courts may find that it is unlikely the spouse will be able to find the work necessary to support him/herself so close to retirement age.
Courts may also grant spousal support if one partner has significant medical issues, requires ongoing personal or nursing care, or has a number of outstanding medical bills or ongoing medical needs.
It is important to note that, in addition to alimony, Social Security may play a role in the amount of money each spouse receives in a grey divorce. If your marriage lasted a decade or longer, you are eligible to draw Social Security based on your former spouse’s record when you turn 62. This does not reduce your former partner’s benefits, or affect them in any other way.
Are there other unique financial considerations?

People entering their senior years are often more concerned about healthcare and life insurance than their younger counterparts. If you work and your employer offers these benefits, there is little worry. For those who do not, however, paying for health insurance and life insurance as an older adult can get expensive.
If you are currently on your spouse’s insurance plan, but face divorce, look into your options for healthcare coverage and life insurance before you reach an agreement on property division, alimony, or other support. If you rely on alimony, you may also want to invest in a policy that protects you in the event that something happens to your former spouse.
Contact Our Lawyers for Assistance

The lawyers at Petrelli Previtera, LLC, understand the unique financial implications of divorce after 60. We can help protect your investments and your future if you’re getting divorced.
Contact us at 866-465-5395 to schedule a time to discuss your divorce.

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### [Divorce Involving a Business](https://www.petrellilaw.com/divorce-involving-a-business/)
Divorce Involving a Business
You may feel that you alone own your business, but the law might see things differently during your divorce. In many cases, businesses are joint marital property and are included in the process of property division. Figuring out what happens to a business during divorce depends on the state you live in, its marital property rules, and the value of the company. It is important to enlist the help of an attorney early in the process if you are facing divorce and wish to protect your investment in your business. Petrelli Previtera, LLC can help.

Key Takeaways

Steps To Divorce-Proof Your BusinessTalk To An AttorneyKeep Accurate RecordsDon’t Let Your Spouse Be a Business PartnerSacrifice Other ThingsShould You Keep An Attorney On Stand By?






How are businesses valued during a divorce?
Valuing a business is much more complex than it may seem. In order to determine the value of a business, one must consider:

Tangible property (assets)
Intangible property
Assets
Liabilities

Often, the business valuation process begins with a qualified appraiser’s full inventory of the tangible property owned by the company. This includes any machinery used to manufacture items, in-stock inventory, and even office equipment. Buildings also fall into this category if you own them outright. The cash in business bank accounts counts too.
In addition to tangible property, businesses also have liabilities. These liabilities are an important part of the equation when determining value. Rent on a building or equipment lease, credit lines, or regular outgoing payments for services are some of the most common types of liabilities.
Intangible assets are more difficult to value, but important to a business’s bottom line and ultimate success. These intangible assets include goodwill, a concept that relates to how customers, potential customers, and others view the business. Customer relations play a key role in goodwill, as does participation in the community. It is important to note that oftentimes one partner is “the face” of the business in the community, which ties that partner directly to the goodwill and success of the business.
Lastly, the team tasked with valuing the business must calculate the profit of the company, so expect a thorough review of your company’s financial records.
How are businesses divided during divorce?
It is important to recognize that just because you ran the business does not mean you will receive 100 percent of it. State divorce laws vary, so where you live will impact how the court will divide your marital assets including businesses. Some states use equitable distribution, such as Pennsylvania and New Jersey. In these states, spouses must split business and other marital property fairly, which is not necessarily equally. The court will consider the role of each spouse in acquiring, building, and running the business in addition to their contributions to running the house and family. In many cases, the court will award the business to the spouse who ran it but will grants the other spouse other marital assets to offset the value of the business. Or, when both spouses worked hard to build the business, the court may award a share of the company to each spouse.
Others are community property states, such as Texas and Washington. In these states, there is a 50-50 split of property acquired during the marriage. The court will generally consider a business started during the marriage to be community property. With regard to companies started before marriage, the entire business is not necessarily separate property during divorce. It depends on a variety of factors, such as whether both spouses contributed to the business during marriage and how the spouse who owns the business was paid.
What do courts consider when dividing a business?
After an appraiser has determined the value of a business, depending on the state, the court may consider a number of factors:

Whether the business existed before the marriage, and the percentage owned by each partner
How involved each spouse was in running the business
The value each spouse personally brings to the business, including professional qualifications and customer relationships
Whether one spouse borrowed from family funds to buy something for the business
Whether one partner can buy out the other
How the spouses divide the remaining assets and liabilities
The ability of each individual to earn a similar wage outside of the business

A family law attorney familiar with this unique type of divorce case can review your circumstances and discuss potential outcomes.
Contact Our Lawyers for Assistance
We know a business can be a major asset. Ensuring the company is divided appropriately during divorce is critical. The lawyers at Petrelli Previtera, LLC represent divorcing spouses in many states around the country, many of which involve businesses. We can ensure you receive a correct valuation, guide you through the process, and fight for your right to your fair share of the business and other marital assets.
If you have concerns about protecting your business during divorce, we can help. Contact us at (866) 465-5395 to schedule an appointment to consult with a lawyer regarding the specifics for your state and unique situation.
Further Reading
Should I Use a Prenup or Postnup to Protect My Business?Marital Property and Business OwnershipPostnuptial Agreements for Small Business OwnersThe Challenges of Cash-Based Businesses During DivorceCan You Keep Your Business After a Divorce?

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### [Family Law for Athletes and Entertainers: Keeping Your Divorce Private](https://www.petrellilaw.com/family-law-for-athletes-and-entertainers/)
Family Law for Athletes and Entertainers
Keep the Spotlight on Your Career, Not Your Divorce

Divorce is rarely simple. Feelings get hurt, tempers flare, and spouses make accusations. When your career keeps you in the public eye, accusations can become front page news. This can hurt your professional reputation, your career, and your family. If you or your spouse has a high-profile career, you need an attorney who will protect your personal and financial interests while maintaining your privacy.

Key Takeaways

Steps To Divorce-Proof Your BusinessTalk To An AttorneyKeep Accurate RecordsDon’t Let Your Spouse Be a Business PartnerSacrifice Other ThingsShould You Keep An Attorney On Stand By?

Petrelli Previtera, LLC has represented athletes and entertainment stars in divorce and family law matters. Our divorce attorneys are committed to protecting our celebrity clients’ public image while keeping their personal business private. We handle every divorce with skill, professionalism, and discretion.

Your Needs are Unique

Athletes and entertainers have unique concerns ranging from seasonal income to visitation while travelling to maintaining a professional reputation. Our divorce lawyers work with each client to create a comprehensive strategy to address their specific circumstances.
Petrelli Previtera, LLC can assist with:


Prenuptial and postnuptial agreements
Complex property division
Tax planning
Division pf property in more than one state
Protection of investments
Spousal support
Child support
Child custody and visitation
Media relations

We Protect Your Privacy

In many states, court records and family law proceedings are generally made available to the public. However, it is still possible to protect your privacy. Court records may be sealed if an attorney can show that making the records public will result in irreparable physical or financial harm. Our divorce attorneys will also take steps to safeguard any financial or personal information that is disclosed to your spouse’s attorney.

Contact Our Experienced Lawyers for Assistance

Petrelli Previtera, LLC specializes in finding effective and durable solutions to high-asset divorces and other complex family law matters. We custom-tailor our family law services to meet each client’s unique needs. Contact our firm to learn more about your legal options.

Call (866) 465-5395 to schedule an appointment.
Schedule an appointment online

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### [Top-Rated Family Law Attorneys](https://www.petrellilaw.com/top-rated-family-law-attorneys/)
Our Award Winning Legal Team Makes Your Family Our Priority
Divorce, adoption, even writing a will… family law issues can be both emotional and contentious. You need an attorney who will recognize the urgency of your situation and provide top-notch legal services in a professional, yet compassionate environment. Our firm has been recognized as one of the top family law firms in the Philadelphia area.  Thomas Petrelli, Jr. and his team have received both national and local recognition. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Key Takeaways

Steps To Divorce-Proof Your BusinessTalk To An AttorneyKeep Accurate RecordsDon’t Let Your Spouse Be a Business PartnerSacrifice Other ThingsShould You Keep An Attorney On Stand By?


Super Lawyers: Super Lawyers is a nationally-recognized peer rating service of attorneys. Lawyers in more than 70 practice areas are nominated for this recognition by their peers. Only the top five percent of attorneys in each state are chosen for this honor.  Thomas Petrelli, Jr. has been recognized in Pennsylvania Super Lawyers since 2015. He was also named among PA Super Lawyers’ Rising Stars each year from 2011 to 2014. Melinda Previtera has been named in Rising Stars since 2016. To be eligible for Rising Stars, an attorney must meet the Super Lawyer standards for achievement and professionalism and be either 40 years old or younger, or in practice for 10 years or less. The Super Lawyers selection process involves a multiphase system including peer nominations, independent research evaluating 12 professional achievement indicators, and peer evaluations within practice areas. Only the top 5% of attorneys in each state are selected. For a detailed overview of the process, visit Super Lawyers Selection Process.

Petrelli Previtera, LLC has earned a spot on the Inc. 5000 list, the most prestigious ranking of the nation’s fastest-growing private companies six times (2019, 2020, 2021, 2022, 2023 & 2025). This accolade offers a unique perspective into the most successful enterprises within the American economy’s vibrant sector of independent small businesses. Through this recognition, Petrelli Previtera, LLC stands alongside past luminaries such as Microsoft, Dell, Domino’s Pizza, Pandora, Timberland, LinkedIn, Zillow, and more in the annals of the Inc. 5000. The Inc. 5000 selection process ranks companies based on their percentage revenue growth over a three-year period. To qualify, companies must be U.S.-based, privately held, for-profit, and independent. They must also meet minimum revenue requirements for the first and last years of the evaluated period. For a detailed overview of the process, visit Inc. 5000 Application and Selection Process.

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### [Divorce Lawyers with offices in Philadelphia, PA, NJ, MD, CO](https://www.petrellilaw.com/)
Bringing Clarity out of Chaos
Sometimes, life takes unexpected turns. Let our family lawyers guide you through the transition in the quickest, painless, most compassionate way possible.
Schedule a confidential consultation



Helping You Move Forward with Confidence
When things feel uncertain, having a clear plan can change everything. We help you understand your options, avoid costly mistakes, and take the next step with confidence. From divorce and custody to support and property division, we focus on practical solutions that protect what matters most and help you move forward.



Meet the Attorneys



Thomas J. Petrelli, Jr Partner



Melinda M. Previtera Partner


Meet All Attorneys




What Our Clients Have Say About Us

          
            
              Melinda Previtera, Esq. came highly recommended to our family. Her knowledge base, professionalism, and compassion paved the way for a successful outcome. Melinda is efficient, detailed, and informative. She helps manage expectations, and postures her client for a fair and equitable result.  We are happy to recommend Melinda!

              
                Jennifer A.
                 
              
            
          

      
          
            
              My experience was very good. Everyone was professional and attentive to my needs, keeping me updated every step of the way. I couldn’t ask for a better result, highly recommended.

              
                David R.
                 
              
            
          

      
          
            
              My marriage life has been a hell for me for the past four years until I decided to put an end to what has to be ended. Choosing a lawyer was another additional stressful part of the long process. I’m so glad that I’ve found the right one for me at Petrelli Previtera. I couldn’t recommend her highly enough!

              
                Caitlin B.
                 
              
            
          

      
Results may vary depending on your particular facts and legal circumstances. More reviews 



Attorneys at our firm have been recognized as among the top family lawyers
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Click on the award logo to see the selection methodology for this award. No aspect of the advertisement has been approved by the Supreme Court of New Jersey.



Find a Location Near You
LOCATIONSUPDATE LOCATIONPennsylvaniaNew JerseyMarylandColoradoWashington DCGeorgia



Philadelphia1845 Walnut Street Suite 1920 Philadelphia, PA 19103866-465-5395view details


Norristown516 DeKalb Street Suite C Norristown, PA 19401(610) 924-2870view details


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West Chester, PA. 19380(610) 431-4012view details


Wayne353 West Lancaster Ave, Suite 110
Wayne, PA 19087(610) 697-9810view details


Princeton475 Wall St, Suite 214, Princeton, NJ 08540Meeting Location: By Appointment Only(609) 917 9560view details


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Chevy Chase5425 Wisconsin Ave, Suite 600, Chevy Chase, MD 20815(301) 889-8085view details


Washington DC1717 K Street NW, Suite 900 Washington DC 20006(202) 519-0366view details


Denver7900 E. Union Ave. Suite 1100, Denver, CO 80237(720) 821-6440view details


Greenwood Village7951 E. Maplewood Ave, Suite 118 Greenwood Village, CO 80111(303) 848-3099view details


Covington6232 Turner Lake Rd. NW, Covington, GA 30014(678) 730-6310view details





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### [Terms of Use & Disclaimers](https://www.petrellilaw.com/terms-of-use/)
Legal Terms & Terms of Website Use
This website does not provide legal advice.
The information on this web site has been prepared for Petrelli Previtera, LLC for informational purposes only. Visiting this web site is a request for information. Further details are necessary for a complete understanding of the subjects covered by any article on this web site.
The information you read on this web site is for your general education only and cannot replace the relationship that you have with your attorney. None of the information on this site should be construed as offering legal advice. Legal information changes quickly. Therefore, some information on this website may be out of date. In addition, some of the legal information on this web site may be specific to the laws of the state of Pennsylvania or New Jersey and may not apply in other states or countries. Your use of the information on this web site does not create an attorney-client or any other contractual relationship between you and Petrelli Previtera, LLC The specific advice of legal counsel is recommended before acting on any matter discussed on this site.
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Petrelli Previtera, LLC
1845 Walnut Street, Suite 1920
Philadelphia, PA 19103
Telephone: 866-465-5395
FAX: (215) 966-8655

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### [Privacy Policy](https://www.petrellilaw.com/privacy/)
Our Privacy Policy at Petrelli Previtera, LLC
Attorneys, like other professionals who advise clients on personal financial matters, are required by federal law to inform their clients of their policies regarding the privacy of client information. Attorneys have been, and continue to be, bound by professional standards of confidentiality that are even more stringent than those required by this new law. Therefore, we have always protected your right to privacy and will continue to do so.
In the course of providing our clients with legal services, we receive significant personal information from our clients. If you are a client of Petrelli Previtera, LLC, you should know that all information that we receive from you is held in confidence, and is not released to people outside the firm, except as agreed to by you, or as required under an applicable law. From time-to-time, employ third parties to assist with data management, however under the agreement those third parties will have no rights to your personal information and will be prohibited from using your information in any way other than assisting Petrelli Previtera, LLC’s efforts to measure and improve client experience with Petrelli Previtera, LLC. This information may be used to contact you about related products & services which apply to your situation.
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### [Prenuptial Agreements](https://www.petrellilaw.com/prenuptial-agreement-lawyer/)
Prenuptial Agreement Lawyer
How to Draft a Prenup You Never Plan to Use

You’re engaged, planning your wedding, and ready to start your future together. However, there is one important piece of business that you should address with your future spouse before celebrating and planning your future.




A prenuptial agreement can help you and your soon-to-be-spouse establish the kind of honesty and long range planning that will make the financial side of your marriage successful.
Before you enter the contract of marriage, you should have a plan about what to do if you decide to divorce. Establishing a prenuptial agreement before marriage is smart financial planning. This legally-binding document does not look forward to a couple’s imminent divorce. Instead, a prenup is a private contract that outlines the decisions regarding each spouse’s property if they dissolve their marriage in the future. If you do divorce and have a prenuptial agreement, you and your spouse won’t have to suffer through the emotional and financial costs of dividing every asset.



Drafting a Prenup

The prenuptial agreement lawyers of Petrelli Previtera, LLC believe that it is important to negotiate and execute a fair and legally binding prenuptial agreement with the person you love before other things get in the way.  In order to do so, it is important that:
1. The document is equitable.

A court is unlikely to uphold a prenup that is blatantly one-sided and that does not account for the interests of both parties. In other words, the agreement is less likely to be challenged in the first place if it is fair. A publication in the New York Law Journal discussed this requirement, noting that many statutes require the prenuptial agreement be “fair and reasonable at the time of the making of the agreement and … not unconscionable at the time of entry of final judgment.”
2. Both soon-to-be spouses have legal representation.

The court will presume that both parties understand the terms of the agreement before signing it. So, each party should have independent legal counsel review the proposal. If both partners are represented by lawyers, then both of their interests will be protected. It is often acceptable for one spouse to pay for the other’s legal representation. If this is the case, it may be wise to include some language within the document stating that the recipient chose his or her counsel and was satisfied with the provided representation.
3. All the details that are important to you are included in the agreement.

While things like child custody cannot be included in a prenup, other important things can.  The most common details are those that relate to property, money, inheritance and other assets. It can address important considerations such as property division, separate property, and spousal support. 
It cannot be stressed enough: do not attempt to hide assets when putting together a premarital agreement. Although complete disclosure of every single asset is generally not necessary, both parties should be provided with enough information to have an understanding of the impact of the agreement.
What a Prenup Can Do
Set rules about marital assets:
 A prenuptial agreement protects spouses’ rights and obligations to their property. In other words, the document decides ahead of time which items are marital assets and which would be separate in the event of divorce.
For example, if one spouse owned a home before marriage, the document might state that he or she would have full ownership. That also includes full obligations to the financial costs associated with the house.
Protect one another from the other spouse’s debts: The document can limit each spouse’s debt liability. That way, creditors cannot go after all the marital property if one spouse accrues debt.
Protect children from previous relationships: Spouses with kids from previous relationships can entitle them to money and property.
Protect family property: Couples can note heirlooms, inheritances, business, and other family-owned property in the prenup. Doing so keeps their ownership within their birth families.
Simply put, prenups protect spouses’ property. A couple can typically include anything financial-related in the agreement.

Frequently Asked Questions
Below are answers to questions clients commonly ask us about prenuptial agreements.

Why do I need a prenuptial agreement?


A prenuptial agreement offers each spouse certain protections in case they divorce in the future. This legally-binding document can do the following:

Determine which property (such as homes, cars, and jewelry) would be marital assets and which would be separate
Limit each spouse’s debt liability
Protect the entitlement of children from a previous marriage to money and property
Protect heirlooms, inheritances, business, and other family property

Couples have many options when creating their prenuptial agreement, but there are a few things the document cannot legally do. For example, it can’t defy criminal law or public policy. A prenup also cannot outline personal obligations, determine child support, custody, and in most cases, alimony.
    



What items Cannot be covered in a Prenup?


Personal obligations: Prenuptial agreements cannot split up chores, outline a parenting plan, or require the spouses to behave in a certain way.
Determine custody or child support: Spouses cannot include decisions about where their children (or future children) will live in the event of divorce. They also cannot predetermine how much a spouse would pay in child support.
Violate the law: A prenup cannot defy criminal law or public policy.
Alimony (in most cases): Very few states will enforce spousal support obligations in a prenuptial agreement.
    



What information should be collected when we start talking about our prenuptial agreement?


Before you get married, establishing a prenup will do more than protect your financial future. It can also start an important conversation about the assets you and your fiancé have and plan to have in the future.
Ready to write up an agreement? Use the below checklist to get started.

List the property and assets you and your fiancé own separately.
Identify the assets you bought together.
List your separate debts and other liabilities.
Note any inheritances you know you’ll each receive.
Talk about your future financial goals.
Write down important financial issues you would like to include.




What are the steps involved in creating a strong prenuptial agreement?


If you and your soon-to-be spouse have decided to file a prenuptial agreement, you have already taken the first step toward smart future financial planning. Next, there is a lot to think about. The following steps will help you navigate the process of creating a strong premarital agreement — even if you never need to use it.
Preparation
Tackle the document as early as possible. When you give yourselves enough time, you’ll be able to thoroughly consider the terms you want to include and to make any necessary revisions without rushing.
Before you meet with an attorney, there are a few lists you and your partner can make. In our prenuptial agreement FAQ, our attorneys outline the factors to think about ahead of time:

All your property and assets
Your debts and other liabilities
Inheritances you have or expect to receive
Your future financial goals
Any financial-related issues that might be important to discuss

By getting started early and having a private discussion before your first meeting, you and your soon-to-be spouse will be ready to create a great first draft.
Reasonableness
Be reasonable when coming up with the terms of your agreement. Avoid a one-sided prenup. It will not hold up in court if you ever need to use it. Creating a strong prenuptial agreement is an exercise in communication. Give each other the same respect and courtesy you always do.
Simple Content
Once you know all the terms you want to include, be as clear as possible. Use plain language in your agreement. There is no need for technical terms, legalese, or minute and unnecessary details.
In addition, be sure to draft a clause to protect each other in the event of death. It’s a good opportunity to identify how your spouse will be taken care of.
Thoroughness
Make sure you read the entire document before signing it. Avoid rushing into an agreement you aren’t comfortable with or clear on. Take your time and ask any questions you might have.
Counsel
You and your partner should each have your own lawyer when creating the agreement. One partner will typically have an attorney draft the document and then send it to the other for review. At Petrelli Previtera, LLC, we have served clients on either side of the process.
If you’re ready to start the process of creating a prenuptial agreement, feel free to call our firm. We can further discuss the steps you and your partner should take.
    



How can my future spouse and I prepare for our meeting about drafting a prenuptial agreement?


Before meeting with one of our attorneys, you can list the following:

Property and assets you own separately
Property and assets you purchased together
Debts and other liabilities you are separately responsible for
Inheritances you will each receive
Your future financial goals as individuals and as a couple
Any financial-related issues that might be important to discuss while establishing the agreement

Taking a moment ahead of time to list these details is a great way to start the discussion and prepare to draft the document.



Why Do Prenuptial Agreements Have Such A Bad Reputation?


Historically, there has been a negative stigma around prenuptial agreements, often perceived as planning for failure. However, these agreements are designed to bring clarity to financial aspects of marriage, ensuring both partners understand their respective rights and responsibilities. Recent data reflects a shift in perception: A September 2023 Harris Poll found that 50% of U.S. adults at least somewhat support prenups, though only 1 in 5 married couples have one. As more individuals marry later in life, they consult attorneys to secure their assets, businesses, and other valuables. Opting for a prenup doesn’t signal mistrust; it’s a pragmatic approach to modern marriage.



What should we focus on when drafting a prenup with our attorneys?


You have already decided to take the first step toward smart financial planning as a married couple. When drafting your prenuptial agreement, keep these qualities in mind:Time and preparation: Give yourselves ample time before the wedding to complete the steps.
Fairness: The court will not accept an agreement that doesn’t seem fair. Think reasonably and focus on one another’s best interests when discussing the terms of the agreement.
Simplicity: There is no need for complicated text. Put the prenuptial agreement in plain language, and only go into extra detail when necessary.
Be sure to review the entire final draft before your attorney files it. Ask questions if you are unsure about the terms, and speak up if something might be missing.



When To Get A Prenuptial Agreement?


Prenups are never a bad idea. If you have assets that you want to protect, you should always think about creating a prenuptial agreement. This will help clarify exactly what your terms are and what you expect in the future. 
The most important thing to keep in mind is having open communication with your spouse if a prenuptial agreement is something you want.
    



Can You Have An Agreement After Marriage?


One of the most frequently asked questions is if you can create a prenuptial agreement after the marriage is legal. The answer is yes! However, it is called a post-nuptial agreement. This may happen if there is financial trouble, legal problems, or if the couple decides to have kids and want to protect their inheritance. It also may happen if a person has inherited money from family members. You will always have the option to sit down with an attorney and receive help.
    



When To Talk To A Lawyer?


If you are worried about what others will think of a prenuptial agreement, don’t worry. Our attorneys at Petrelli Previtera, LLC will help you put your fears at ease. This is a natural part of the relationship that many couples go through. You will be able to discuss all of the assets that are most important to you.Contact Petrelli Previtera, LLC today to book a consultation call and begin finding clarity!
    



If I need a prenup, what can Petrelli Previtera, LLC do for me?


Both soon-to-be-spouses should know exactly what the terms of the prenuptial agreement mean. When a couple decides to establish a prenup, one person will typically have an attorney draft the document and then send it to the other for review. Our firm can act as counsel for one spouse and draft the agreement. Then, the other spouse’s attorney can review it. Alternatively, we can review a proposed prenuptial agreement to determine whether it is complete, legal and equitable. If the document could be better, our attorneys can help make the necessary revisions.
    



Is Cryptocurrency considered an asset for a prenuptial agreement?


Cryptocurrency is a valued financial asset that should be considered in a prenuptial agreement. Just like other financial assets, if owned, cryptocurrency should be declared by any party that owns them so that a determination can be made about whether they are separate assets or marital assets. Although this is an emerging trend, people are beginning to address cryptocurrency in their prenuptial agreements. The challenge with discovering cryptocurrency in a divorce is locating it. Including it in a prenuptial agreement confronts that challenge by addressing the asset, disclosing the asset, and then protecting the asset just like other assets in the agreement.
    



Contact Our Firm for Assistance

For more information about drafting a prenuptial agreement, please call us or fill out our online contact form. A prenuptial agreement lawyer with Petrelli Previtera, LLC can explain the process and discuss next steps.

Call 866-465-5395 to schedule an appointment.
Schedule an appointment online 
Further Reading
Should I Use a Prenup or Postnup to Protect My Business?Marital Property and Business OwnershipPostnuptial Agreements for Small Business Owners

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### [Relocation with Children after Divorce](https://www.petrellilaw.com/relocation-with-children-after-divorce/)
Relocation with Children after Divorce

After divorce, custody arrangements can work well for the long term, especially when the ex-spouses live relatively close to one another. But complications arise when the custodial parent wants to move and the visitation commute would be much more difficult for the noncustodial parent. Relocation with Children after Divorce is a difficult situation that requires court approval.

Custody and Relocation Rules

The smoothest way for a custodial parent to relocate with children after divorce is for both parents to agree to the move. They must also agree to a new arrangement that still allows a fair shared custody arrangement. If they can agree, they will both sign a stipulation and consent agreement. The judge will decide if the move is in the child’s best interest, and if so, will use that agreement to create a new court order with an updated custody arrangement. More often than not, however, coming to a new agreement isn’t that simple.
If the noncustodial parent will not agree to the move or to the new custody and visitation arrangements, a mediator may be able to help the parents reach a resolution. Otherwise, the custodial parent will need to file a petition asking the court to approve the relocation.

Determining the Child’s Best Interest

There are factors in each state’s custody statute that help the court determine what is in a child’s best interest in an original custody agreement. If the custodial parent wants to move in the future, there are additional factors for the court to consider. These include:


The quality of schools at the new location,
Whether there are family members (on either parent’s side) near the new location,
Reasons why the parent wants to relocate,
The opportunity for the custodial parent to get a better job or make more money,
The ability of the noncustodial parent to still see the children after the move, and others.


The judge will weigh the potential benefits to the child against the downside of living farther away from the noncustodial parent.
It’s important to note that before the judge approves the new arrangement, both parents must continue to abide by the original agreement.

When the Noncustodial Parent Wants to Move

In most states, a noncustodial parent does not need court approval or an agreement with the custodial parent before relocating. Moving also does not translate to giving up visitation rights — as long as the parents can continue to follow the original custody agreement after the move.
However, if the noncustodial parent plans to move far enough away that the same visitation arrangement isn’t possible, he or she will need to facilitate a new plan. The noncustodial parent should try to work out a new visitation schedule with the custodial parent, including plans for transportation, communication, and related expenses. If both parties agree, they can then submit an agreement to the court. The judge will then evaluate the proposed new arrangement in terms of the child’s best interest. If the parents cannot agree on an updated plan, the noncustodial parent will need to file a motion asking the judge to change the order.

Getting Legal Assistance from a Family Law Firm

Relocation with children after divorce is a complex custody matter—whether you’re the custodial or noncustodial parent. You and your ex-spouse may be able to agree on new stipulations, but chances are, there will be some details to work out. Oftentimes, the situation involves disagreement. No matter how simple or contentious the conversation will be, it’s important to have legal counsel present to represent your goals.
At Petrelli Previtera, LLC, our experienced family law attorneys have helped hundreds of clients successfully navigate custody matters. If you’re thinking about moving, we welcome you to contact us for advice. We can explain what you can expect through the process and in dealing with the court. We’ll advocate for you and help you achieve the custody arrangement you’re hoping for.
Petrelli Previtera, LLC is one of the largest firms in the region that focuses exclusively on family law. Our firm is constantly in contact with our clients to ensure that all questions and concerns are addressed from the first meeting to the final outcome. Schedule a consultation online or in-person with one of our attorneys today.

Frequently Asked Questions About Relocation with Children

There is a lot to think about when moving—packing and unpacking, finding a new home, registering for a new school. For families with parents who are no longer together, there can be another consideration important not to overlook. Relocating even just over county lines when that move could impact custody time of the non-moving party, triggers a specific area of a state’s statute. It is important to know how to go about informing the other party of your move and in some cases how to ask court permission from the court.
Here are some frequently asked questions about relocation with children:

Can we avoid court?


While it is always a good idea to file your relocation request with the court to ensure your parenting plan and custody schedule is up-to-date, the legal aspects of the relocation process are always much easier when the parents can agree on the relocation and work together to reach a fair custody agreement.
While it is not always possible, if you can discuss the possibility and agree before you file any motions, it will speed the process along and help make the whole process much easier. If this is not possible — if the other parent does not agree with the need for relocation or wants to move the children too far away from you — then enlist the help of a lawyer.
    



What if I just leave and don’t follow the process?


The other parent will likely file an Emergency Custody Petition with the court seeking to have the child returned.  This unilateral decision can be held against you when the court does consider whether or not to grant your request to move.
    



How are the words “substantial impairment” defined from the definition of relocation?


There really is no exact definition. A good rule of thumb to consider would be if the move makes it impossible or difficult for the non-moving parent to see the child under the schedule you currently have or at all, you most likely need permission to move.
    



How long does it take to complete the court process?


This truly depends on the county where you reside and where you must file.  Some counties are able to get the parties in for a hearing sooner than others.  There is unfortunately no way to expedite the hearing process.  If you want to plan ahead for the start of a new school year, it is best to file sooner rather than later.
    



If you or someone you know is thinking about relocating and needs the assistance of a divorce attorney, contact Petrelli Previtera, LLC today to schedule your initial consultation.

Further Reading
Worried Your Ex Might Take the Kids Abroad? Here’s How to Act FastCo-Parenting Made Easier: Insights from 7 Respected AttorneysChild Custody for the LGBTQ+ Community: Unique Considerations

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- [Estate Planning Lawyers Full Content Group](https://www.petrellilaw.com/llms/full/page-estate-planning-lawyers.txt)
### [Military Divorce](https://www.petrellilaw.com/military-divorce/)
Military Divorce: Rules for Active Duty Service Members
Having a spouse in active military service can affect your divorce. Even if you mutually decided to split, active military status could affect how you need to file and your case’s timeline and outcome.

Whether you are looking to file a simple no-fault divorce or your case is more complex, our firm can help. We will walk you through your divorce in a professional and caring manner, and we’ll make sure you stay well informed.




How is divorce different for active duty service members?
The Federal Service Members Civil Relief Act of 2003 requires a person seeking a divorce to state their spouse is not a member of the U.S. armed forces. This rule prevents spouses from divorcing military members who would be unable to attend divorce proceedings.
If your spouse is a member of the military, you can pursue a divorce as long as they consent. They must also sign a defendant’s affidavit of consent.



Uniformed Services Former Spouses’ Protection Act

Because you and/or your spouse is an active member of the military, the Uniformed Services Former Spouses’ Protection Act (USFSPA) may affect how you divide your assets. The USFSPA addresses questions about former spouses’ eligibility for base privileges such as:


Commissary and exchange
Health care coverage and other benefits
Military retirement pay


Under the USFSPA, a former spouse does not automatically get a portion of the service member’s retirement pay, and there are specified requirements to qualify.
Getting the Right Help

Aside from a few added rules, the military divorce process is much like civilian divorce. You will need to agree on arrangements for the following:


Division of homes, vehicles, money, and other marital property
Division of credit card bills, loans, and other debt
Alimony, also called spousal support
Child custody
Child support


Many of the forms you complete will also have the same information. In some states, you may file for a no-fault divorce if you and your spouse have no disputes. If your opinions differ regarding child custody or dividing assets, however, an experienced divorce lawyer can mediate your dispute and help you draft a settlement agreement. After you sign, the document is legally-binding.

Frequently Asked Questions about Divorce and the Service Veteran

Where should our military family file for divorce?


A common question for families with spouses in the service is determining where to file for divorce. Many military families move around a lot and do not necessarily meet the minimum time requirement to establish residency in order to file. For such couples, there is a presumption that where they enlisted can be used and is their home jurisdiction. Unless there is clear evidence that the couple intended to put down roots elsewhere.
If you are a military member and are deployed, you likely have a few options for jurisdiction when filing for divorce. These might include:

File in the state where you last resided for six months or more
File in the home state where you pay taxes
Allow your spouse to file where he or she resides in the U.S.
If you’re stationed in the U.S., file in the state in which you are stationed, even if you’re not a resident of that state.

Many military members have these additional options, because states frequently eliminate the residency requirement when an active duty service member wants to file for divorce.
    



How does being a service member complicated martial property laws?


When going through a divorce clients often ask attorneys what can and will be divided. The general rule is that all items considered “martial property” are divisible; a definition we get from the law. Of course there are exceptions to this rule and as a result, however this is not always cut and dry. This becomes even a bit more complicated when one party (or both) are service members.
Specifically, this becomes an issue when dealing with military retirement benefits. Military retirement benefits are subject to division as marital property, military disability payments however, are not. These two intersect when a service person opts to change his or her retirement payout into disability payments. What a spouse previously thought he or she was entitled to could now be protected property. It is important to know what is classified as what type of benefit and plan for an unexpected change.



How a Military Divorce Lawyer Can Assist In Your Case?


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.
A 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.




Contact Our Lawyers for Assistance

We can help if you or your spouse is an active service member in the United States Army, Navy, Air Force, Marines or Coast Guard. Contact Petrelli Previtera, LLC at (866) 465-5395 for professional legal advice.

Further Reading
Navigating Military DivorceThe Servicemember Civil Relief Act: A Comprehensive GuideCustody considerations for military members

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### [Why You Need an LGBT Family Law Attorney](https://www.petrellilaw.com/lgbt-lawyer/)
LGBT Family Law

When a family-related legal issue arises, how you should proceed depends on whether you and your partner are legally married, have a domestic partnership or civil union, or you are cohabitating.
The attorneys Petrelli Previtera, LLC are dedicated to working closely with clients to come up with efficient and durable solutions to their family law issues.

LGBT Divorce

Same-sex marriage has been legal across the U.S. since June 2015, when the Supreme Court ruled that state bans on same-sex marriage are unconstitutional. Couples who have been legally married are also legally able to divorce, and the same state rules apply when they divide their assets, including:


Marital assets such as homes, cars, furniture, businesses, jewelry, art, etc.
Non-marital assets, meaning those excluded by a prenuptial agreement and inheritances and gifts kept separate during the marriage
Marital debts including credit card bills, mortgages, loans, tax obligations, and judgments
Retirement incentives like 401(k) plans, stock plans, stock options, and deferred compensation


Every couple has their own set of property, assets, and debts that will need to be properly divided during divorce. Our attorneys are highly qualified to assist divorcing spouses with this task as well as alimony, child custody and support, and any other legal issues they face.

Hurdles for Unmarried Couples

Depending on the jurisdiction, couples who are not legally married and do not have partnership agreement, tenancy agreement, or documented legal relationship may encounter obstacles when working out family-related conflict or after deciding to separate. Petrelli Previtera, LLC can assist unmarried couples with creating legally binding agreements in the following areas:


Child custody, support, and visitation rules
A parenting plan for day-to-day decisions
Separation and division of assets and debts


If you and your partner adopted a child during your relationship, the court will have to determine custody, parenting time, and an appropriate level of child support. This may be further complicated if one of the partners is the biological parent. Additionally, your ex-partner may sue you for a division of partnership assets, including any equity acquired on your home during your relationship, any earnings on investments from that time, and interest earned on your bank accounts. Our lawyers have the knowledge and experience needed to help you protect and assert your rights to ensure you are fully protected.
No matter the legal issue, we can help unmarried couples reach an agreement. We will then write and file a legally-binding document summarizing the terms.

Contact Petrelli Previtera, LLC

When you’re facing a family-related legal matter, figuring out how to proceed may be confusing, stressful, and overwhelming. We’re here to help you navigate the complexities and move forward with your life. Our lawyers have vast experience in successfully handling a wide variety family law issues, and they can get you on the right track toward a great solution. Contact Petrelli Previtera, LLC today to schedule a consultation.

Call (866) 465-5395 to schedule an appointment.
Schedule an appointment online 
Further Reading
Family Court Orders Aren’t Suggestions: What Happens When Your Ex Stops Following the RulesHow Long Does a Pennsylvania Divorce Take?Child Custody in Pennsylvania: The 16 Factors Judges Must Consider

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- [Philadelphia Family Lawyers Full Content Group](https://www.petrellilaw.com/llms/full/page-philadelphia-family-law-attorney.txt)
### [Divorce Mediation](https://www.petrellilaw.com/divorce-mediation/)
Divorce Mediation
How Divorce Mediation Works

To settle a divorce through mediation, a divorce mediator will meet with the parties to help them come to a divorce settlement agreement. The mediator should be knowledgeable of in divorce law and have the skills necessary to help couples reach an agreement. That way both parties can be assured that their legal rights are being honored and that their individual opinions are being heard. Often, mediation can take place in the divorce mediator’s office and the parties do not have to take the stand against one another or go to court.





Is Divorce Mediation Right for You?

Divorces can be expensive—both financially and emotionally. Some couples can avoid some of the financial and emotional expenses by settling their divorce through mediation rather than litigation.

The Benefits of a Mediator

Divorce mediation can be a good option to consider for couples who are both able to speak up for what they want and need and for couples who can handle the process maturely. For couples who are splitting on relatively amicable terms, especially couples with children who will need to communicate long after the divorce is over, mediation can be a first step to establishing good post divorce communication. While mediation can be valuable for many couples, it is often not a good choice if one spouse has been verbally or physically abused. In those cases, both spouses may need their own legal representation.
A traditional divorce proceeding is going to require both spouses to hire their own divorce lawyers. This takes money from the marital estate and leaves both spouses with less money once the divorce is final. It can also lead to more contention and disagreement than is necessary. Thus, many couples can find a more peaceful and less expensive alternative in divorce mediation.
Contact Our Divorce Mediators for Assistance

Petrelli Previtera, LLC is committed to helping families effectively resolve their divorce and other family law matters. If divorce mediation is right for you, we have the experience you need to resolve your matter with as little stress and tension as possible.
Contact our firm today to discuss how we can best assist you with your divorce. Call 866-465-5395.
Further Reading
Family Court Orders Aren’t Suggestions: What Happens When Your Ex Stops Following the RulesHow Long Does a Pennsylvania Divorce Take?Child Custody in Pennsylvania: The 16 Factors Judges Must Consider

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### [Complex Divorce : Everything You Need to Know About High Asset Divorces](https://www.petrellilaw.com/complex-divorce-high-asset/)
Representation for Complex and High Asset Divorce
Ending a marriage can be painful, difficult, and complicated. If you and your soon-to-be ex are involved in a high-asset/high-income divorce, the situation can be even more stressful and convoluted. You need a lawyer on your side who understands the special circumstances of these cases, and knows how to protect your interests throughout the asset division process.
Here at Petrelli Previtera, LLC, you can find a team of family law attorneys who have extensive experience and award-winning expertise in helping clients through even the most complex high-asset divorces. We know what it takes to overcome these divorces, and we also know how to recognize them. Contact our firm to schedule a consultation with a knowledgeable divorce lawyer.
What Type of Divorce are You Facing?
The value and variety of the assets that you and your spouse attained over the course of the marriage are crucial in determining whether you’re experiencing a high asset divorce. If you and your partner accumulated valuable assets such as multiple homes, bonds, stocks, luxury cars, and business ventures, then your divorce qualifies as a high asset divorce.
Predictably, separating high-dollar investments is more difficult than in a case where the partners only shared a checking and savings account, and probably a home. In a situation where one partner earned most of the income while the other was busy taking care of the children or working from home, things can get particularly complicated. Additional disagreement or conflict may ensue, making it difficult to arrive at a fair and agreeable outcome.
We have the depth of knowledge needed to handle high-asset divorce cases adeptly. Let us help you move on with your life as quickly and effectively as possible.

Possible Issues with a High Asset Divorce Case
In these types of divorces, spouses need to prepare themselves to deal with a number of legal issues that are likely to arise along the way, including:

Valuing and Dividing Assets


Affluent couples are more likely to own complicated assets like offshore accounts, liquid assets, and inherited property, all of which require expert valuation. Without reliable information about the value of each piece of property at issue in a divorce, a couple could agree to, or a judge could order, a division of assets that is far from being “fair and equitable”.
To accurately value your assets and ensure everything you have is accounted for, you may need to hire an experienced professional such as a forensic accountant or valuation expert. We have access to a network of such professionals, so count on us to help you retain only the best in the business. Additionally, we are experienced in uncovering hidden assets and obtaining temporary restraining orders (TROs) to prevent your spouse from withdrawing assets prior to the judgment or settlement.




Tax Implications


When you’re involved in a high asset divorce, your first instinct might be to liquidate as many assets as possible in order to divide the proceeds more simply. However, this is not necessarily the best course of action. Depending on how these transactions are executed, they could result in a tax bill that considerably compromises your final award.
With that in mind, it’s important to be mindful of tax law throughout the whole asset division process. It may be better to hold assets and transfer ownership of them, rather than liquidating them outright.
At Petrelli Previtera, LLC, our skilled high asset divorce lawyers not only focus on the facts before them but also predict a few steps ahead in the chess game and prepare a winning strategy. With us in your corner, tax liability is something you’ll never have to worry about.




Business Interests


Ownership or operation of a business introduces a host of additional issues into a high asset divorce. If the business was created during the marriage, it will likely fall under “joint marital property” and therefore subject to equitable distribution. To determine its full and fair value, a valuation will have to be performed. Without a professional business valuation, you run the risk of devaluing assets, and one spouse could end up with far more than what’s rightfully theirs.




International Issues


High asset divorce cases may involve international complications if a spouse has investments or owns assets abroad. These issues may also pose significant tax implications. In such cases, your lawyer must have a deep understanding of business interests, international issues, and high-value assets.




Child Support in High Asset Divorce Cases
In some states such as Pennsylvania, courts use a predetermined formula to calculate the amount of spousal support payable. However, the guidelines only apply in cases where the parties collectively earn $30,000 or less per month. For couples who exceed this provision, a unique formula is used to determine how much child support will be paid.
Your attorney will be able to address concerns regarding reported income, unreported income, and other child support obligations issues specific to your state.
Prenuptial Agreements
In many cases, the best way to protect yourself from financial losses in a high asset divorce case is to make decisions ahead of time about how certain issues we’ll be handled. A prenuptial agreement, which you and your partner can sign before stepping into marriage, will allow you to specify how you will handle the division of assets should your union come to an end, as well as other matters related to your finances.
A prenuptial agreement (also called “prenup”) is only valid if it’s placed in writing and signed by both parties. One additional consideration is that it’s smart for partners to have their own individual family attorney for a prenup.
If you get married without drafting a prenup and later experience significant changes that could result in a high asset divorce, a postnuptial agreement is a good thing to consider. This contract is very much similar to a prenup. Although it is written and signed when a couple is already married, it is still just as legally binding.
Get Maximum Asset Protection – Contact Us For Help
High asset and high-income individuals choose Petrelli Previtera, LLC because they know we can get results. They read our list of recognitions and accolades – including board certification, inclusion in the prestigious Inc. 5000 list, and more – and see a team of high asset divorce attorneys they can trust. To learn more about how we can help you protect your hard-earned assets and resolve your divorce as quickly as possible, call (866) 465-5395 to schedule an appointment.
Further Reading
Is Court Always the Best Option in Family Law?Quiet Quitting in Relationships: When Your Marriage Is Ending Without Saying It Out LoudJudicial Abuse in Divorce: When the Court Becomes Another Tool of ControlDivorce After Domestic ViolenceThe Playbook of a Cornered Narcissist During Divorce: Know the Tactics. Protect Your Future.

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- [New Jersey Family Law Attorneys Full Content Group](https://www.petrellilaw.com/llms/full/page-new-jersey-family-law-attorneys.txt)
- [eBooks - Resource Page Full Content Group](https://www.petrellilaw.com/llms/full/page-ebooks.txt)
### [Divorce Lawyers in Doylestown Helping Individuals through Divorce](https://www.petrellilaw.com/doylestown-divorce-lawyer/)
Doylestown Divorce Lawyer

Choosing to go ahead with divorce is a difficult decision for many people. Trying to navigate our state’s judicial process is an even greater headache. This is where an experienced Doylestown divorce law attorney can be of help.
Petrelli Previtera, LLC, has handled divorces for many men and women. We are trusted advisors who always have our client’s best interest at heart, and we are passionate advocates who can amplify your voice in the divorce proceedings. For help with your case, please contact one of our Doylestown divorce law lawyers today.

Preliminary Considerations

Before filing a divorce petition, our clients must confirm that they satisfy the residency requirement. Pennsylvania does not allow quickie divorces where people fly in from other states to get divorced. Instead, at least one spouse must have been a resident of Pennsylvania for at least six months. If not, the court lacks jurisdiction to hear the case.
Our clients also must identify a valid reason to seek divorce, called grounds. Pennsylvania allows couples to mutually agree to a divorce when they believe it has irretrievably broken down. If there is no mutual agreement, a person can file divorce after living separate and apart for at least a year. Alternately, they could seek a “fault” divorce based on a statutory ground.

Deciding What You Want from the Divorce

A divorce unwinds a couple’s financial and familial union. This means that our clients must consider:


Child custody. If you have children, they must live with someone. Pennsylvania encourages joint custody, where each parent has the legal right to make decisions on vital issues, such as medical care and education. Parents can share physical custody as well, though the child might spend more time with one parent who lives closer to the child’s school.
Child support. Both parents must continue to support their children after divorce. Pennsylvania’s child support guidelines have taken the guesswork out of determining how much each parent pays.
Division of marital property. All property acquired while married needs to be divided. Debts, too. A good rule of thumb is that property is considered marital if you acquired it while married. Inheritances and gifts are exempt, remaining the recipient’s separate property.
Alimony or spousal support. A party can request that his or her spouse make monthly payments during the divorce or after. The purpose of alimony/spousal support is to mitigate the economic hardship a party suffers or to reimburse them for contributions they made to their spouse’s career.


Our clients express greater satisfaction with their divorces if they have thought carefully ahead of time what they want. For example, some people automatically assume they want the family home. However, it can be very expensive to maintain and might be worthless in the long run than other assets, like retirement accounts.
We also counsel clients on what is realistic. For example, you cannot entirely cut your ex out of your children’s lives unless there has been a history of abuse or neglect. Nevertheless, we believe in going into negotiations with as strong a hand as we can.

Negotiating a Settlement

Divorcing couples in Pennsylvania retain the power to draft their own settlement agreement and submit it to the court for approval. Reaching a settlement can speed up a divorce and save money. However, it is not always possible.
To facilitate discussion, many of our clients participate in mediation where a neutral third party helps the couple work through their differences and reach a solution that is agreeable to both. Mediation is sometimes successful at bridging the differences and bringing couples to common ground. Our Doylestown divorce law attorneys can attend mediation with our clients to help them decide whether proposals are in their best interest.
Preparing for a Contested Divorce Hearing

When couples cannot agree to the terms of their divorce, they present the dispute to a judge. With our deep experience in Pennsylvania divorce law, we can effectively advocate our client’s position. We understand how judges make decisions and what law applies:
Child custody. Judges look at what is in the child’s best interest. This holistic analysis is not based on one factor but on many, such as each parent’s ability to support the child and their physical and mental health. A judge will also consider a child’s preferences and other factors.
Child support. Though the guidelines do much of the work, we sometimes advocate for a departure to account for medical or educational expenses.
Division of marital property. Judges divide assets equitably by looking at several factors, such as:


Each spouse’s age and health
Each spouse’s employment prospects, including education and income
The needs of each spouse
The amount of separate property each spouse has
The marital standard of living
Duration of the marriage
Any contributions each spouse made to the other’s career or education.


No one factor controls the judge’s decision, so our clients benefit from our aggressive advocacy.
Spousal support or alimony. Judges consider many of the same factors that they do when deciding the equitable distribution of property. Our Doylestown divorce law lawyers can make a big difference in whether the judge makes an award or not.

Father’s Rights

Men have often had an uphill climb to obtain a fair divorce in Pennsylvania. Many old laws and presumptions have historically worked in the favor of women, and some judges are slow to let old habits die. For example, judges used to assume that young children should automatically be placed with mothers. Likewise, many judges had no expectation that women could become self-sufficient with some education or work experience, so they made lifetime alimony awards.
Today, the law is neutral with respect to both men and women. However, some judges still harbor hidden biases. Our attorneys can skillfully protect your rights to a fair hearing and an unbiased decision.


Frequently Asked Questions About Divorce in Doylestown, PA

What steps do I have to go through for my divorce to be successful?


In general, these are the steps in a typical divorce process:

The spouse who initiates the divorce proceeding (called the plaintiff) completes the required forms.
The plaintiff then files these forms in court.
A legal adult (18 or older) who is not involved in the case serves the other spouse (the defendant) with copies of the court paperwork.
The defendant decides how they would like to handle the divorce case. They can choose a response with the court or work out an amicable agreement with the plaintiff.
If the defendant chooses to respond to the petition, they need to complete the necessary paperwork and then file them with the court clerk.
Someone who’s not involved in the case will serve the plaintiff a copy of the defendant’s court forms.
Each side will exchange financial documents that declare what they own and their debts. This process is meant to help both spouses divide everything equitably.
The couple will have to put the terms of their separation in a legally binding contract called a divorce settlement agreement.
The couple will then submit the agreement to a judge, and if it meets the state’s requirements for fairness, the judge will sign it to allow the couple to become legally divorced.




How much does divorce cost in PA?


The cost of divorce ranges depending on a variety of factors. In general, the less contested the proceeding, the less expensive it will be. At Petrelli Previtera, LLC, we encourage settlement first. We believe that nearly every divorce case is a few conversations away from a fair and conclusive settlement.




How Do I Find the Best Divorce Lawyer for Me?


 The selection of an attorney will likely be one of the most important factors in the outcome of your divorce. With such a massive pool of lawyers to choose from, making such an important decision can be extremely difficult—particularly since there are only a handful of competent, high-caliber attorneys in Doylestown, PA. Luckily for you, we’ve compiled a few helpful tips to help you on your journey to finding the best divorce attorney for your case. 
 Look for family law experience. Is the attorney well versed in the Pennsylvania family laws? If not, that’s a huge red flag. Move on to the next candidate. 
 Ask for referrals and read online reviews. Typically, reviews and recommendations—online or in-person—are the best way to learn who may be the right divorce attorney for you. If you have friends, family, or acquaintances who’ve successfully traversed the divorced path, that’s a solid starting point. 
 Know what you want. Obviously, you want an attorney who has your best interests at heart, but what are those interests? Consider your personal circumstances and position in the marriage. Then aggregate that information and settle on an attorney who’s committed to making your goals a reality. 
 Ask specific questions about your divorce case. To ensure a particular attorney is the best fit for you, come to an initial consultation prepared. Ask specific questions about your divorce concerns and see how they respond. This will let you know the overall demeanor of the attorney, how knowledgeable they are, and whether they truly care about your case. 
 Choose an attorney you can trust. More often than not, you may need to confide sensitive information to your Doylestown divorce attorney—things you would rather not share with anyone. As such, choose a lawyer you can trust and communicate with freely. 




Contact a Doylestown Divorce Law Attorney for a Consultation

At Petrelli Previtera, LLC, our attorneys bring the same passion and commitment to each case we accept, regardless of how much marital property is in dispute or whether your divorce is simple or complex. We understand that this is a difficult time, and we provide steady guidance to all our clients.
Please contact us today. During an initial consultation, we can listen to you explain your situation and offer helpful advice about how you can get the divorce you need. Call us today or schedule your appointment on our website.

Doylestown Office
 (267) 938-4480
123 N Broad Street, Doylestown, PA 18901
Get directions

Additional Offices In Your Area: Abington
, West Chester, Philadelphia, Norristown

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### [Divorce Lawyer in Linwood, NJ](https://www.petrellilaw.com/linwood-divorce-lawyer/)
Linwood Divorce Attorneys Helping People Protect Their Rights

Divorce is rarely straightforward. Many men and women, anxious to get on with their lives, unfortunately try to handle their divorces themselves. In doing so, they ultimately cost themselves money and lose out on important rights.
At Petrelli Previtera, LLC, we have represented many clients in divorce proceedings. We have protected their rights to child custody, child support, alimony, and equitable distribution of marital property. Let us help you get the divorce you want so that you can start the rest of your life on the right foot.

Common Divorce Issues in Dispute

Believe it or not, whether to get divorced is rarely in dispute. Even if one spouse is opposed, New Jersey’s laws allow one spouse to claim “irreconcilable differences,” which means the spouse believes the marriage has broken down for a minimum of six months and cannot be salvaged.
Instead, the most common issues in dispute are:


Child custody
Child support
Division of marital property
Division of marital debt
Alimony

It is vital that men and women contemplating divorce understand their rights in each area of law, so consultation with a divorce lawyer in Linwood, New Jersey is highly advisable.
Confusion Regarding Child Custody

Child custody is rarely an “either/or” thing. The law in New Jersey starts with the presumption that both parents should be involved in their children’s lives.
However, the precise level of involvement might be in dispute. Parents can have legal custody, which gives them a say in important issues like medical care and education. They can also have physical custody, which allows them to determine where the child is physically present. Parents can jointly share custody, or one parent will get sole custody, and the other parent has a right to visitation each year.
We work closely with clients to defend their right to custody. Many judges will award joint custody unless there is a history of abuse or abandonment, but we strive to come up with a parenting plan that works for all.
Understanding Child Support

Child support is not a windfall to the parent with custody. Instead, both parents are obligated to support their children. If one parent has much more physical custody of the child, the court assumes that this parent is already contributing their share in the form of housing, food, clothes, etc. The non-custodial parent will need to send a monthly check to the custodial parent for their contribution.
New Jersey’s guidelines have taken a lot of confusion out of child support. A child support award calculated according to the guidelines is assumed to be correct, so judges usually hew to the guidelines. Still, there are areas that are not covered by the guidelines, such as a child with extraordinary educational or medical needs.
If you are a high-income individual, then judges often depart from the guidelines to determine how much a parent should pay. Some child support awards for high net-worth individuals are shocking. If you are high earner, you definitely need legal representation, so you are not ordered to pay too much support.
Issues Involving Division of Marital Assets

Marriage is definitely an economic union, and any divorce must unwind the couple’s finances. This is often harder than many people realize, and legal disputes often erupt over who can leave the marriage with what property.
Many misconceptions abound involving the division of marital property. We have heard people say that the law requires a 50/50 division of marital assets and others who have claimed they will get the house because it is in their name.
First, we must look at what qualifies as marital property. In reality, it doesn’t matter whose name is on the deed or title. An asset is considered marital if it was acquired after marriage but before the divorce petition was filed. Exceptions are for gifts or inheritances. Assets can include:

Wages earned
Retirement accounts
Investment accounts
Real estate
Vehicles
Business interests, including small businesses

Some people are shocked to realize that the business they started and worked to grow is considered marital, even though their spouse did not contribute to it at all. Nevertheless, this is the reality in many Linwood divorces.
Next, marital assets are valued. Valuation issues often arise when dealing with business assets since there are many ways to value a business.
Third, marital assets are divided “equitably” under New Jersey law. Equitable distribution might mean a 50/50 split, although that is not required. Instead, judges look at many factors, such as each spouse’s relative economic condition, the standard of living, and each spouse’s physical and mental health. Our divorce lawyers in Linwood will fight to ensure our clients get a fair share of assets.

Alimony

A spouse can request continuing support after divorce by requesting alimony. Typically, alimony is a higher-earning spouse’s monthly payment to his or her ex after divorce. Judges can award alimony for many reasons, such as:

Rehabilitating the lower-earning spouse, who might need more education or work experience before becoming self-sufficient.
Reimbursing one spouse for contributing to the other’s career or education.
Helping one spouse maintain the marital standard of living.

No spouse has a right to alimony in the way a child is entitled to child support. Instead, a judge needs to consider whether the circumstances warrant an alimony award, for how much, and for what duration. Because this is a vague area of law, the right Linwood divorce attorney can make a big difference.
Father’s Rights

Like other states, New Jersey has tried to eliminate biases in its laws. Nevertheless, these can continue to creep in, especially regarding child custody and alimony. For example, some judges continue to assume young children should be with their mothers, regardless of the realities of the mother-child relationship. When it comes to alimony, some judges assume a lower-earning man should not qualify for alimony, or that is impossible for ex-wives to obtain an education to support themselves.
We understand how the playing field can sometimes be slanted against men. Our divorce lawyers in Linwood will make sure that your rights are protected and your voice is heard.

Frequently Asked Questions About Divorce in Linwood, NJ

How Do I Find the Best Divorce Lawyer for Me?


Making the decision to start a divorce and take your child’s other parent to court is never easy. You need to know you have the right person by your side. Here’s how to find the best divorce attorney for your case. 
 Ask for personal referrals. You’re probably not the first of your friends or family members to get divorced. Reach out to your network to see who they’ve worked with in the past. 
 Choose an attorney within your geographical area. Having an attorney whose office is within Atlantic County or the surrounding counties of Burlington and Camden is a huge plus. When your future is on the line, you need a divorce attorney you can access with ease. 
 Focus on experience. Is the attorney experienced at handling divorce cases like yours? If not, move on to the next candidate. In addition, your attorney of choice should have a deep understanding of the New Jersey divorce laws. 
 Read reviews and testimonials about the attorney. A history of success is a great sign that you’ve chosen the best divorce attorney for you. Look at your potential attorney’s Yelp reviews, AVVO rating, website testimonials, and Google My Business ratings. Settle for no less than 4- or 5-star ratings. 
 Interview your top choices. Don’t just settle on the first attorney you meet! Conduct a rigorous interview to ensure you’re hiring the best of the lot. A good attorney will display excellent communication skills and mastery of the NJ divorce laws, making you feel comfortable right from the start. 




How Do You Qualify for Divorce in NJ?


To qualify for divorce in New Jersey, a spouse must have been a resident of the state for one year prior to filing, and there are both no-fault and fault-based grounds recognized. A Complaint for Divorce must be filed to outline the details of the case, including children and property, a family law attorney can help guide you through the complex process.




Speak with a Linwood Divorce Lawyer Today
Petrelli Previtera, LLC, has handled many divorces for a variety of clients, and it’s in your best interest to consult with an attorney as soon as you realize that a divorce may be in your immediate future. Please contact us today to schedule your initial, confidential consultation.
The Linwood, NJ law office is based in Atlantic County and serves the surrounding counties Cape May County, Cumberland County, Salem County, Camden County, Burlington County, Gloucester County and Ocean County.
Our office is located at:

210 New Road, #15
Linwood, NJ 08221
Meeting Location: By Appointment Only
Get directions(856) 485-4575Nearby Cities: Princeton
, Parsippany

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### [Child Support FAQs for High Earners](https://www.petrellilaw.com/child-support-faqs-for-high-earners/)
Child Support FAQs for High Earners

Divorce is a significant life change. It comes with many questions, especially for parents and for high earners. You want your children to have their financial needs met, but you also do not want to pay an unnecessary amount in child support. If you want to know how child support will impact your divorce and your earnings going forward, you should speak to a Pennsylvania divorce attorney. In the meantime, this FAQ may have answers to some of your most pressing questions.

How Do Courts Determine Child Support?

Child support is required in all 50 states to ensure that parents provide for the needs of their children, whether they live with them or are married to the other parent or not. As per the federal Child Support Enforcement Act, each state has developed guiding principles to calculate a range of child support to be paid, based on the parents’ respective incomes and expenses. Pennsylvania courts determine child support using a variety of factors. These factors include:


The needs of the children
The child’s standard of living before divorce or separation
The parent’s income and ability to pay
Debts and regular payments owed by the parents
Spousal support
Other financial elements


When either parent is a high earner, child support payments are generally more when compared to other families where parents earn less.

What Does the Court Consider Income?

Family courts consider gross income from all sources when calculating child support, less mandatory deductions such as income taxes, Social Security, health care, and mandatory union dues. This means they look at the net income. It is important to note that credit union payments, wage attachments, and similar financial obligations are not subtracted when calculating net income for child support.
In Pennsylvania, the high-income provision is a $30,000 joint month net income. For couples who exceed this provision, a unique formula is used to determine how much child support will be paid. This formula provides a fixed percentage to calculate child support. Once this calculation is determined, the court will consider the following factors:


Childcare expenses
Private school tuition
Summer camp
Extracurricular activities
Mortgage adjustment


Then the court will make any adjustments for deviation factors such as:


Unusual needs and unusual fixed obligations,
Other support obligations of the parties
Other income in the household
Ages of the children
Relative assets and liabilities of the parties
Medical expenses not covered by insurance
Standard of living of the parties and children
Other relevant factors

Can Potential for Earning Be Considered When Calculating Child Support for high earners?

When determining child support amounts, judges will usually look at what the parent has the potential to make as well as what they are actually earning. If there is a discrepancy between the two, the judge may order a higher amount of child support.
Actual earnings are not the end-all if a parent could earn more, but they choose not to. Judges usually place more importance on the financial needs of the children and meeting those; therefore, their decision will be made based on the children’s current needs and not the parent’s career plans and desires.
For example, if you leave a high-paying job for a lower wage job that you enjoy more or you leave a high-paying job to go to school to make a career change, these are not excuses to not pay for your child’s financial needs. Although, by hiring a well-versed Pennsylvania divorce attorney, you could receive an order for child support that is fair to both you and your child’s other parent.

Do Custody Arrangements Impact Child Support?

Yes, the physical custody of the child has a tremendous impact on how child support is determined. In cases where one parent has full custody, their child support is considered part of their custody. The parent who does not have custody will be legally required to pay child support for the care and well-being of the child.
When both parents share physical custody, child support is based on how much money each parent earns and how much time the child spends with each parent. If you are a high-earning parent who does not have custody of their child or who shares custody, you can expect to pay more in child support than parents who have more physical custody or who make less.

Can Child Support Orders Be Amended?

While the courts craft child support orders to be permanent, they do understand that circumstances can change that may warrant a change in the child support orders. Under limited circumstances, they do allow parents to submit a petition to have it changed. These circumstances usually include:


A child’s medical emergency
A temporary inability to pay child support from an illness or other economic burden
A short term financial or medical hardship on the part of the recipient parent
Additional income from the remarriage of either parent
A job change of either parent
Disability of either parent
A change in the needs of the child


If you need to have your child support amount adjusted, it is best to contact an attorney. An attorney could determine if your situation warrants asking the court for a change and, if it does, the best strategy to obtain one. Ideally, you and your ex-spouse could negotiate a new child support amount and present it to the court for approval. If you cannot work out an agreement, the court will have to do it for you, which can result in an outcome that nobody likes.

Child Support Help from a Child Support Attorney

 Divorce is messy, especially when children are involved. It can also be costly. You want your children to be provided for and well-cared for, but you do not want to pay more than you should have to in child support to your ex-spouse. Our experienced attorneys could help ensure that you do not pay more than you should be to support your children.
To get personalized answers to your child support questions, contact Petrelli Previtera, LLC today. Chat with a live agent, or schedule your consultation online.

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### [Norristown Divorce Lawyers](https://www.petrellilaw.com/pennsylvania-family-law-attorneys/norristown/divorce-lawyer/)
Norristown Divorce Lawyers
Experienced and Aggressive Divorce Lawyers in Norristown, PA

The lawyers at Petrelli Previtera, LLC, have tackled some of the most complex divorces in Norristown and in Pennsylvania as a whole. Although this might be a difficult time emotionally, it is vital that you successfully navigate through the many complex legal requirements in order to successfully divorce.
Our Norristown divorce law attorneys have helped countless men and women plan for and follow through with their divorces. Instead of trying to do everything yourself, give us a call. We are experienced negotiators and skilled litigators who know how to protect our clients’ rights and resolve disputes as favorably as possible. Call us today to schedule a consultation with a divorce lawyer in Norristown.

Filing for Divorce in Pennsylvania

A divorce begins with filing a petition in court. At least one spouse must have been a Pennsylvania resident for at least six months before filing. If not, the couple cannot obtain a divorce in our state and must wait or proceed in another jurisdiction.
The complaint should be filed in the Court of Common Pleas where either spouse resides. There are detailed rules for serving a copy of the complaint to your spouse to give him or her a chance to respond.
A person can file one of three divorces in Pennsylvania:


No Fault. When both spouses agree the marriage has irretrievably broken down, they can use the grounds of mutual consent to support the divorce. A no-fault divorce can take as little as 90 days if the spouses agree on all issues. If not, then a no-fault divorce will take longer.
No Mutual Agreement. Sometimes, only one spouse believes that the marriage has irretrievably broken down. In this instance, he or she can file for divorce only after living separately and apart for at least one year. This type of divorce often takes quite a bit of planning.
With a fault divorce, one spouse believes that the other spouse is to blame for the breakdown of the marriage. The spouse claiming fault must be able to prove it in court. Pennsylvania has many different statutory grounds for fault, such as desertion or adultery. See 23 Pa. C.S. § 3301 for a full list.


Once your spouse receives a copy of the divorce petition, he or she has a chance to respond. However, there is a deadline that your spouse must meet.
What Issues Need to Be Resolved Before a Divorce Can Be Final?

Before a judge will finalize a divorce, certain issues need to be resolved. Divorcing spouses can either come to an agreement on their own or have a judge decide these issues for them. The issues that have to be resolved prior to a divorce becoming final include:

Child custody. A judge must decide legal custody (which parent makes important decisions for the child) and physical custody (which parent has physical possession of the child). Parents can share custody, or it can be awarded solely to one parent.
Judges make child custody decisions based on what is the best interest of the child. Statutory factors to consider are found at 23 Pa. C.S. § 5328 and include each parent’s ability to provide for the child, the need for a stable home environment, and the child’s preference, depending on your child’s age and maturity. 
Child support. Both parents must support their children. The parent who has less time with the children typically ends up paying a monthly amount in child support to the other parent. Pennsylvania’s child support guidelines calculate child support based on the parents’ gross income and the number of children that are to be supported.
The child support guidelines have standardized the process in our state, but sometimes a judge needs to depart. Our Norristown divorce law attorneys will argue for the proper amount to the judge or justify a departure, depending on our client’s needs.
Property division. Marital property and debts must be divided. Couples retain substantial control in deciding how to divide them, but a judge must distribute them equitably if no agreement is reached.
Our lawyers are skilled at identifying and protecting marital property. We will also argue that you deserve the maximum amount possible. Generally, any asset obtained after marriage is marital and can include wages earned, retirement accounts, real estate, vehicles, and other assets.
Property division can become complicated when business interests are at stake. Many of our clients have spent years building their small business or sole proprietorship. Regardless of the form the business takes, some or all of the value could be considered marital and subject to equitable distribution.
Spousal support and alimony. One spouse can be ordered to support the other during the divorce and/or after. Judges look at many factors to decide whether to award support, and the analysis is quite different from child support, where there are clear guidelines. Because so much is left to the judge’s discretion, we can effectively advocate for our client’s interest when seeking or opposing an award for alimony.


Why You Need an Experienced Divorce Law Attorney in Norristown
Any person without an attorney is at a serious disadvantage in the divorce process. Judges expect those people representing themselves to know all the legal rules that lawyers do and they provide very little leeway. It is very easy to make one small mistake that can cost you everything.
Many people who represent themselves describe feeling as if they have been run over by a truck, and it is a fair metaphor. Divorce court can be brutal, and now is the time to get the legal help you need from a seasoned divorce attorney.

Frequently Asked Questions About Divorce in Norristown, PA

How Do I Find the Best Divorce Lawyer for Me?


 Finding the best divorce attorney for your case can be overwhelming. After all, your attorney is the expert you’ll rely on to make the best decisions about your divorce. They’ll be the one to guide you onto the next chapter of your life. To make things a tad bit easier for you, we’ve compiled a few tips on finding the best divorce lawyer in Norristown, PA. 
 Choose a divorce lawyer. While it’s tempting to hire the lawyer who helped you with your personal injury lawsuit, don’t go down that road. Only retain an attorney who understands the nuances of divorce law in Pennsylvania. 
 Seek out referrals. Chances are high that your friends, family, or workmates know a capable divorce attorney in Montgomery County, or any of the surrounding counties of Lehigh, Bucks, Philadelphia, and Delaware. Ask them for referrals. 
 Ask them about potential outcomes. Whether it regards alimony, child support, or other vital divorce areas, asking the attorney about potential outcomes will give you the confidence you need that they have a solid strategy in place to fight for your interests. 
 Do your due diligence. Don’t stop at the referrals. For every candidate on your shortlist, check their AVVO rating, LinkedIn profile, and website testimonials. That’s the only way to know whether they’re truly the right fit for you. 
 Consider experience above all else.  Is the attorney experienced at handling divorce cases like yours? Have they been practicing frequently in Montgomery, Lehigh, Bucks, or any of the surrounding counties? If not, you may want to look elsewhere. 
 Keep an eye out for red flags. Appearing rushed during the initial consultation, attitude problems, and not establishing a personal connection are all red flags you should look out for when hiring a divorce attorney. The best divorce attorney in Norristown, PA, is going to work hard for you. 




What is a Contested Divorce?


In cases in which the couple cannot reach an agreement about how to resolve their issues, a divorce will become contested. This means that each party will have an opportunity to present their arguments before a judge who will decide how to handle things like the division of marital property, spousal support, child custody, and child support. Contested divorces can be very acrimonious, and it’s highly advisable for anyone involved in a contested divorce to retain an attorney as soon as possible.




When Might Mediation Be a Recommended?


Contested divorces can cost divorcing couples a substantial amount of time and money. Ideally, a couple can work out a resolution to all issues in dispute before seeking a divorce. This saves the court from having to hold a contested hearing on the matter. Consequently, judges usually order squabbling couples to attend mediation.
In mediation, a third-person neutral listens to the dispute and tries to help each spouse really listen to the other and find common ground. Mediation is often helpful at getting husbands and wives to reach an agreement on at least a few issues. Any agreement gets drafted into a settlement that is signed by both parties.
The mediator is not a judge, and no one can force a resolution on you. Our clients are always free to walk away from mediation if they believe it is not helpful.




Where is The Firm’s Norristown Office Located?


Our Norristown, PA law office is located in Montgomery County and services the surrounding counties Delaware County, Chester County, Berks County, LeHigh County, Northampton County, Bucks, and Philadelphia Counties.
The Norristown office is located at:

Office location (610) 924-2870
516 DeKalb Street
Suite C
Norristown, PA 19401
Nearby Cities: Philadelphia, Doylestown, West Chester, Abington, Voorhees




Speak with A Member of Our Team

At Petrelli Previtera, LLC, we counsel and advocate on behalf of our clients. Divorce does not have to be contentious, but you must stand up for your rights. Please call us directly at  (610) 924-2870 to schedule your confidential consultation.

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- [Family Law Attorneys in Doylestown, PA Full Content Group](https://www.petrellilaw.com/llms/full/page-doylestown-family-law-attorneys.txt)
### [Separation for Unmarried Couples](https://www.petrellilaw.com/separation-for-unmarried-couples/)
Separation for Unmarried Couples

Unmarried couples in a long-term relationship likely have many of the same shared dreams, goals, and possessions as married couples, but are left without the same legal protections if they separate. A separation of an unmarried couple raises many of the same types of issues spouses face in a divorce, and in some cases they can be even more complicated.
Each state has laws dictating property division, child custody, alimony, and other considerations, but many, if not most, of these divorce laws do not apply to unmarried couples. Discuss your situation with an attorney from Petrelli Previtera, LLC before making any decisions.


Key Takeaways

Understanding Judicial AbuseHow Abusers Use the Court SystemWhy It Matters in Divorce CasesLegal Remedies and Court ProtectionsProtecting Yourself From Judicial AbuseRecognizing a Pattern of Control (Coercive Control in Divorce)When to Involve an AttorneyTake the First Step

What must we consider when separating after a long-term relationship?

During divorce proceedings, the married couple typically addresses several aspects important to the dissolution of their marriage, such as property division or child custody. But because an unmarried couple is not getting divorced, they will have to address these issues outside of the usual divorce process.
So if you are unmarried and splitting from a long-time partner, consider these common issues:


Who gets the house and other assets?
Who gets custody of the children?
Who pays child support?
Are we married under common law?
What happens to the house and other assets?


In a lot of these cases involving unmarried couples, only one partner is on the deed of the home, but the other partner pays a portion (often half) of the mortgage. In cases like this, the partner on the deed may reimburse the other for mortgage payments, or the partner not on the deed may seek a partition to exercise a right to be reimbursed by the partner on the deed.
If both partners are on the deed, then they may seek a partition agreement or proceeding to decide how to split the asset. There are several options how to split the home. This includes:


One partner remains in the home and trades property of the same value
One partner remains in the home and buys the other out of her portion
The couple sells the home and splits the profits


If you are planning to sell the house, you will need to determine how to share the proceeds. If one person paid the down payment or made payments before the other partner moved in, that person may get more than a 50 percent share. The same may be true if only one partner contributed to mortgage payments.
Other property division considerations include:


Joint bank accounts
Other financial accounts
Cars
Artwork and other valuable collections
Furniture
Electronics


While an agreement between you and your former partner is the best bet, a partition proceeding is possible if you cannot reach a fair agreement. To do this, you must file a lawsuit against your former partner and schedule a hearing before a judge who will decide how to split the property based on the facts of the case.

Who gets custody of the children and who pays child support?

State law typically treats child custody similarly for married and unmarried couples: they act in the child’s best interests.
However, couples in a divorce must always formally address child custody, support, and visitation as a part of their divorce settlement, while unmarried couples may attempt to use only informal custody agreements instead. While these agreements do work for some couples, it is preferable to put the agreement in writing.
In the absence of a written agreement, you will have to go to the courts if a disagreement arises. In such cases, the judge will decide the matter for you, keeping the child’s best interests in mind.
Further, parents can seek child support from the other, which the court may award in a similar fashion as in cases of married parents who get divorced.
A common concern in cases of unmarried parents is establishing paternity. Fathers benefit from establishing their paternity because it provides them legal rights to seek custody and visitation with the child. Mothers benefit because it allows them to seek child support from the father.

Are we married under common law?

Some states, such as Texas, South Carolina, and Colorado, recognize common law marriage. Others, like. Pennsylvania and New Jersey, no longer recognize common law marriage. However, Pennsylvania still recognizes partnerships that met the state’s qualifications prior to January 1, 2005.
If you and your partner entered into a common law marriage in states that recognize it, the process of separating property during a split is somewhat easier. Partners who are married under common law have the same rights to joint property and investments as other married couples.

Do I need a lawyer?

If you have no joint property and no children, you may not have any legal matters to address when separating from a long-term partner. But if you have property or children, contact Petrelli Previtera, LLC to discuss your rights during and after your separation.

Contact Our Firm for Assistance

If you’re planning to legally separate from your spouse, our lawyers can help you proceed correctly and establish any necessary legally-binding agreements. Whether we are able to negotiate a fair arrangement or need to go to court with a partition proceeding, child custody issues, or to seek fair child support orders, our firm can help. Contact us at (866) 465-5395 to schedule a consultation.

Further Reading
Is Court Always the Best Option in Family Law?Quiet Quitting in Relationships: When Your Marriage Is Ending Without Saying It Out LoudJudicial Abuse in Divorce: When the Court Becomes Another Tool of Control

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