At MacElree Harvey, our family law attorneys serve clients across Pennsylvania and Delaware, providing experienced and sound legal guidance through every stage of family-related legal matters. From prenuptial agreements before marriage to divorce settlements, and from child custody disputes to representation in family court matters, we are here to protect your rights and help you move forward.

Family law cases come in many forms, and we are prepared to manage them all with skill, care, and personalized attention. We assist clients in navigating the legal, financial, and emotional challenges of:

Family law cases come in many forms, and we are prepared to manage them all with skill, care, and personalized attention. We assist clients in navigating the legal, financial, and emotional challenges of:

· Divorce (including high-net-worth and complex property division cases)

· Child custody and visitation rights

· Child support and alimony/spousal support

· Prenuptial and postnuptial agreements

· Property division in separation and divorce

· Paternity and parental rights

Complex & High-Conflict Family Matters

Our team has significant experience handling high-conflict custody cases involving:

• Child relocation disputes
• Parental alienation concerns
• Allegations of domestic abuse or substance abuse
• Cases requiring supervised visitation

We understand the sensitive nature of these matters and remain focused on achieving the best possible outcomes for our clients and their children.

Alternative Dispute Resolution

In addition to traditional litigation, we offer mediation and arbitration as cost-effective, less adversarial ways to resolve family disputes. These approaches often allow families to maintain more control over the outcome and reduce emotional strain.

Tailored Strategies for Every Family

Whether you are ending a short-term marriage with few assets or navigating a high-asset divorce involving business valuations, retirement accounts, and tax issues, our attorneys have the experience, resources, and network of financial professionals needed to protect your interests.

At MacElree Harvey, we recognize that no two families are alike. We tailor our legal strategies to your circumstances and guide you through the process with clarity and confidence.

FAQ: Family Law

What is the difference between legal separation and divorce? The term separation generally refers to either when spouses separate their finances and/or when they cease marital relations. Physical separation, or when parties cease marital relations, can begin the time-period necessary to grant a no-fault divorce. Financial separation can be a date used by a Court to assign values to assets and debts for purposes dividing them in equitable distribution.

How is child custody determined? Courts are required to determine the best interest of the child when ordering any form of custody. This includes considering all relevant factors to the parties and the children, including the level of cooperation and conflict between parents, maintaining stability and continuity in the child’s life, family relationships, the proximity of the parents’ residences, and safety factors. The court also considers the “well-reasoned” preferences of the child; however, the weight afforded to a child’s preference is based on the child’s maturity, developmental stage, and judgment.

What is the difference between legal custody and physical custody? Legal custody refers to the right to make major decisions about a child’s upbringing (education, healthcare, religion). Physical custody, or residential custody, refers to where the child lives and spends time.

Can I modify a custody or support order? Yes. In Delaware, if custody is determined by an out-of-Court agreement, it can be modified in accordance with the best interests of the child. If a Judge enters a custody order after a full evidentiary hearing, the custody order is generally very difficult to modify for two years.

In Pennsylvania, custody can be modified in accordance with the best interests of the children.

For child support, modification can occur if there is a real and substantial change in circumstances, such as a change in income, childcare or tuition expenses, custody, and/or number of dependents. After a period of time, either parent can revisit child support.

Do I need a prenuptial agreement? A prenuptial agreement is not required, but it can help protect assets, establish clear financial expectations, and prevent disputes in the event of divorce. Pre-nuptial agreements are often particularly useful if there is a significant imbalance in income and/or assets, or if it is a second marriage for either or both spouses to be.

What is mediation in family law? Mediation is a process where a neutral third party helps the parties negotiate a settlement without going to court. It is often faster, less expensive, and more private than litigation.

FAQ: Pennsylvania vs. Delaware Family Law

I live in Pennsylvania, but my spouse filed in Delaware. What happens? Jurisdiction depends on residency requirements. Delaware requires that at least one of the spouses reside in Delaware for six months before filing for divorce. If both states could potentially have jurisdiction, our attorneys will advise on which forum is more favorable for your circumstances.

Is child support higher in Pennsylvania or Delaware? It depends. Pennsylvania uses guideline tables, while Delaware applies the Melson Formula. There are differences in how each state’s formula treats custodial overnights, high income individuals, and out-of-pocket medical expenses.

Do custody rules change if parents live in different states? Yes. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines which state has authority. Our offices in both PA and DE allow us to seamlessly manage cases where parents live across state lines.

Is it easier to get divorced in Delaware or Pennsylvania? Delaware’s process can be faster due to its 6-month separation requirement. Pennsylvania permits both fault and no-fault divorces, with no-fault requiring a one-year separation if one spouse does not consent.

Which state’s courts are more favorable for alimony? This can depend upon a number of factors, including the length of the marriage. Delaware provides for lifetime alimony eligibility if the marriage is 20 years or longer.

With offices in West Chester and Kennett Square, Pennsylvania, and Centreville and Hockessin, Delaware, MacElree Harvey’ has a team of experienced family law attorneys nearbyWhether you are facing a custody dispute, divorce, support matter, or need guidance on which state’s courts may be more favorable to your case, our team is ready to help you navigate the complexities of family law with experience, clarity, and care.

Contact us today to schedule a confidential consultation with one of our family law attorneys.