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Michael C. Rovito

Equitable Distribution

December 7, 2015 by Hoppel Design

The distribution of marital property – also known as equitable distribution – is one of the most difficult issues in many divorce cases.  Equitable distribution is the process of dividing a couple’s marital assets and marital debts as part of their divorce.  It is important to note that the term “equitable” does not necessarily mean “equal”.  Instead, the equitable distribution process involves the evaluation of a number of factors before a court can determine how to fairly divide the parties’ marital estate.  Often, the division is complex as it might involve dividing and distributing assets such as:

  • Real property;
  • Personal property such as cars, jewelry and artwork;
  • Retirement assets such as 401(k)s, pensions and IRAs;
  • Business interests;
  • Investment and bank accounts; and
  • Stock plans, stock options or restricted stock.

In complex equitable distribution matters, we frequently partner with well-known experts such as business valuators, forensic accountants and tax specialists to assist us in providing our clients with optimal ways to divide their marital estate with their spouse.

The experienced family law attorneys at MacElree Harvey are available to help you achieve a fair and equitable distribution of your assets during the divorce process. Our matrimonial attorneys have significant experience handling a variety of equitable distribution matters ranging from simpler matters to extremely complex cases. Our knowledge of local court proceedings and rules is critical to assisting our clients in obtaining the best possible results at the time of equitable distribution.

If you would like to schedule a consultation, please contact us at one of our offices below or submit the contact request form.

Filed Under: Uncategorized

Adoption

August 10, 2015 by Hoppel Design

MacElree Harvey Family Law attorneys are here to build your family one adoption at a time. An adoption can truly complete a family whether through newborn adoption, domestic or foreign adoption, surrogacy or sperm donation, foster care adoption, grandchild or stepparent adoption or same sex couple adoption. Adoption is a joyous occasion which can also be wrought with anticipation and anxiety and the attorneys in the Family Law Department will help you navigate this complex area of the law with knowledge and compassion.

Our attorneys can guide your family through adoption in these areas of the law:

  • Surrogacy and Sperm Donation Agreements
  • Termination of Parental Rights
  • Grandchild or Stepparent Adoption
  • Domestic Adoption
  • Foreign Adoption
  • Foster Care Adoption
  • Same Sex Adoption

Each family and each adoption is different. Our team of experienced Family Law attorneys will work to create your new family, one adoption at a time.

If you would like to schedule a consultation, please contact us at one of our offices below or submit the contact request form.

Filed Under: Uncategorized

Protection From Abuse

February 9, 2015 by Hoppel Design

Parties on the receiving end in an abusive relationship—whether it is a relationship with a spouse, significant other, or family member, or if the abuse is perpetrated against a party’s child—do have legal recourse through the court system. This recourse takes the form of filing a Petition for a Protection From Abuse Order.

Once the Petition has been filed, a PFA Order may be signed by the judge, if the matter is founded. This order affords legal protection from domestic violence to victims of both genders, and directs the abuser to discontinue contact with the abused or face grave legal consequences. Filing a petition is only part of the process of removing yourself from the situation. Day-to day planning is necessary, due to changes that may be enforced by the PFA. We at MacElree Harvey are here to advise and represent you in this trying time.

The attorneys at MacElree Harvey are also experienced in representing any party named as a defendant in a Protection From Abuse action, and will provide diligent legal representation if you are in need of defense against an allegation of abuse.

If you would like to schedule a consultation, please contact us at one of our offices below or submit the contact request form.

Filed Under: Uncategorized

Divorce

February 9, 2015 by Hoppel Design

Divorce can be an overwhelming prospect, both financially and emotionally. During the initial consultation with one of MacElree Harvey’s family law attorneys, time is taken to ensure that a client understands his or her rights and responsibilities within the divorce process, enabling an effective navigation through this difficult period. Divorces can be very simple, with both parties cooperating and perhaps little to divide in terms of assets and debts, but they can also be quite complex depending on the size of the marital estate, the length of marriage, incomes of the parties, whether or not custody is involved, and the need for spousal support. The experienced attorneys at MacElree Harvey are here to advise, guide and diligently represent a client through divorce.

If you would like to schedule a consultation, please contact us at one of our offices below or submit the contact request form.

Filed Under: Uncategorized

Legal Custody

February 9, 2015 by Hoppel Design

Until a court order is in place, the parents are the natural joint legal custodians of their children and have equal decision-making authority regarding their children’s medical treatment, education and religious upbringing. In the event of a divorce, legal custody rights are awarded by the court along with physical custody rights. Our family law attorneys represent clients with regard to legal custody disputes in both Pennsylvania and Delaware.

Once a custody order is issued in Delaware, the Court will designate how legal custody decisions are made. While joint legal custody is standard in Delaware, the law allows for one parent to be designated the “sole legal” custodian over all decision-making or just certain types of decisions. Our Family Law attorneys have handled numerous actions regarding legal custody including successful argument before the Supreme Court of the State of Delaware. Our attorneys have secured sole legal custody for their clients in cases where the other parent was not able to make decisions either through impairment or refusal to work in a reasonable manner with the other parent or where it was clear that the parents beliefs were so fundamentally different that decision-making was not possible.

In Pennsylvania, legal custody rights are awarded along with physical custody. Legal custody is almost always shared so that both parents have equal say in major decisions for their children. Infrequently, if one parent is unavailable because of incarceration or lack of contact with a child or is unable to make decisions because of mental impairment or addiction, a court will award sole legal custody to the other parent. Absent these extreme circumstances, if a particular legal custody dispute arises, for example, the parties cannot agree on where their child will attend school next year, the court will decide the contested issue only while leaving shared legal custody otherwise in place. Our attorneys have successfully litigated and negotiated legal custody rights in many contentious custody cases.

Filed Under: Uncategorized

Child Support

February 9, 2015 by Hoppel Design

Determining the right amount of child support is a sensitive issue, and it is crucial to gather all relevant evidence in order to ensure the best outcome. The Family Law Group of MacElree Harvey has the ability to approach the issue in a proactive way by helping you to develop a clear outline of your child’s needs in the context of the visitation schedule and the available resources of both parents. We make sure you fully understand all your rights under the laws of Delaware, and we energetically assert those rights so that you can build a positive future. The Family Law Group of MacElree Harvey represents clients on either side of child support actions. In representing the parent who is in need of support, termed the “Obligee”, we insure that all income available for support of the children is brought forward and presented. When necessary, we employ the use of experts, including vocational evaluators, forensic accountants, business valuators and tax professionals, to pursue our client’s goals. We also have varied experience representing parents who pay child support, or “Obligors.” In those situations, we work diligently to accomplish a fair and just result for the parties’ children without unjustly enriching one party at the other’s expense.

The Family Law Group at MacElree Harvey handles new petitions for child support, child support modification requests and enforcement of child support orders. The Group also works with collecting past due child support and medical support.

If you would like to schedule a consultation, please contact us at one of our offices below or submit the contact request form.

Filed Under: Uncategorized

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