Family and Domestic Law

Family and Divorce Lawyers in PA

The last thing any of us wants to think about is a legal issue within our family. Unfortunately, this happens more often than not. Whether you’re thinking of divorce, are subjected to domestic violence, are considering adopting a stepchild, or need to protect your property before marriage, the family lawyers at Caputo & Mariotti are here to help.

With over 55 years of combined legal experience, we understand how sensitive family legal matters can be. With a compassionate and sensitive touch, we will help you through this difficult time. Contact our family lawyer in PA today for a free consultation.

 

What Can a Family Lawyer Do For Me?

The practice of family law focuses on any legal issues involving the family unit. Some of the most common reasons to hire a family law attorney in PA include:

• Divorce: Although it’s possible to go through a divorce without hiring an attorney, it’s always best to have one present due to the complexity involved in these matters.
• Child custody, support, and visitation rights: Any legal matter that deals with your children can instantly become emotional and frustrating. You want a compassionate and skilled child custody lawyer to handle the details.
• Domestic violence: If you are a domestic violence victim, you may feel you have nowhere to turn for help. The family lawyers at Caputo & Mariotti will get you a Protection From Abuse order so you won’t be a victim again.
• Adoption: Bringing a new life into your family is a unique event that should be celebrated. However, the adoption process can be challenging to navigate without our attorneys guiding the way.
• Spousal support: If you’re going through a divorce, you need to make sure you’re taken care of. If your economic situation is seriously affected, you have the right to request spousal support payments.
• Prenuptial agreements: We can create the documents you need to protect your and your future partner’s assets before you tie the knot.

 

Divorce in PA: What You Need to Know

Divorce is never easy. And with 50 percent of all marriages ending in divorce, you’re going to need to protect you and your children.

The first step you will need to make is whether your divorce will be a fault divorce or a no-fault divorce. Fault divorce happens when either or both spouses engage in one or more of the following:

• Adultery
• Bigamy
• Desertion from home for more than one year
• Cruelty
• Imprisonment for a crime

If you choose a fault divorce, be prepared to show evidence that your partner had caused the act that led you to divorce.

 

Child Custody in PA Divorce Cases

According to Pennsylvania law, parents must act in the best interests of their children. If the parents fail to reach an agreement, it will be up to the courts to decide for them.

The judge will take several factors into account when determining child custody, such as:

• The use of alcohol or drugs by either parent
• Which parent will encourage contact between the child and the other parent
• The parents’ proximity to each other
• Any acts of domestic violence
• The ability each parent has to meet the needs of the children
• The children’s relationship with each parent
• The ability each parent has to keep a loving and stable relationship with the children

Once the court weighs all the factors and a decision is made, the judge will hand down an order on what type of custody, any support payments, and visitation rights of the non-custodial parent after the divorce.

Of course, the best possible outcome can be reached by the parents without the need for court intervention. If they can agree to a custody arrangement without involving the judge, they will have more control over decisions concerning the children.

By hiring the experienced child custody lawyers at Caputo & Mariotti, we can help you get a fair custody agreement that meets your children’s needs.

 

Division of Property and Assets

The second most crucial aspect of a divorce is the division of marital assets and debts. In Pennsylvania, if you and your partner cannot agree on how to split your assets and debts, the court will make the decision based on the “equitable attribution” model. Several factors include the length of the marriage, each party’s income, the value of the assets, and how each contributed to the other’s earning potential.

The court will also consider marital property (i.e., what was acquired during the marriage) and nonmarital property (such as inheritances or premarital property) when diving the assets.

To make sure whatever you brought into the marriage will stay with you once the divorce is final, you must speak to an experienced family law attorney in Pennsylvania. Our family attorneys can assist with this challenging process.