michael c. rovito

Thinking about secretly recording your spouse? Think twice before you hit record.

It may seem like a good way to document an argument or preserve evidence for a divorce or custody case.

In Pennsylvania, however, secretly recording a private conversation can create a much bigger problem.

Pennsylvania generally requires the consent of all parties to record a private conversation. Marriage does not create an exception.

And the potential consequences can be far more serious than whether the recording can be used in your family law case. An unlawful recording can potentially expose the person making it to criminal liability.

What about a voicemail your spouse leaves you? Or a text or email they send?

That’s different.

Those are communications voluntarily sent to you, and they raise different questions about whether and how they may be used as evidence.

The practical takeaway is simple:

Before you hit record, talk to an attorney.

There may be completely lawful — and strategically better — ways to preserve evidence. In a family law case, good judgment about how you obtain evidence can matter too.

And if you discover that your spouse has been secretly recording you, speak with an attorney about your options.

If you’re dealing with an issue involving recordings or other evidence in a Pennsylvania divorce or custody matter, contact me or the MacElree Harvey, Ltd. Family Law team to discuss your options.

Every family’s circumstances are different. If you are considering leaving the marital residence, the MacElree Harvey, Ltd. Family Law team can help you evaluate the legal and practical considerations before making that decision. Contact Michael C. Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.

Author: Michael Rovito

It’s a question I hear frequently from individuals considering divorce: If I leave the marital home, will it be considered abandonment or hurt me later?

In Pennsylvania, simply moving out of the marital residence does not necessarily mean you are giving up your rights or putting yourself at a disadvantage in the divorce.

There are many legitimate reasons a spouse may decide to leave—financial circumstances, concerns about safety or conflict in the home, or simply the need to begin moving forward. The financial issues associated with maintaining two households can generally be addressed through the divorce and support process.

The more significant consideration is often whether children are involved.

Before leaving, it is important to consider where the children will live, whether their established routine will be disrupted, and how a change may affect their stability and best interests. Those considerations can have implications beyond simply who remains in the house.

There can also be important support and procedural issues to consider depending on the circumstances and where your case is being handled. That is why I generally recommend discussing the decision with a family law attorney before moving out whenever possible.

The bottom line: Moving out is not automatically “abandonment,” but how and when you leave can matter.

Every family’s circumstances are different. If you are considering leaving the marital residence, the MacElree Harvey, Ltd. Family Law team can help you evaluate the legal and practical considerations before making that decision. Contact Michael C. Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.

Author: Michael C. Rovito

Let’s answer the next question I often hear:

How does a judge decide whether a parent can relocate with a child?

The answer isn’t as simple as whether the move is for a better job or to be closer to family.

Under Pennsylvania law, courts must evaluate 10 specific relocation factors, all through one lens: What is in the child’s best interest?

Some of the questions the court will consider include:

What kind of relationship does the child have with each parent, siblings, and other important people in their life?

How will the move affect the child’s emotional, educational, and developmental needs?

Can the relationship with the non-relocating parent realistically be preserved through a modified custody schedule?

If the child is old enough and mature enough, what are their wishes?

Has either parent encouraged—or interfered with—the child’s relationship with the other parent?

Will the relocation improve the quality of life for the parent seeking to move, and will those benefits also improve the child’s quality of life?

What are each parent’s motivations for supporting or opposing the relocation?

Are there any safety concerns or a history of abuse that the court must consider?

And finally, are there any other facts that affect the child’s best interests?

One important point that often surprises people is that the parent seeking to relocate has the burden of proving that the move is in the child’s best interest.

No one factor automatically determines the outcome. Every relocation case is unique, and the court must carefully weigh all of the evidence before making a decision.

If you’re considering relocating with your child—or you’ve received notice that the other parent intends to relocate—it’s important to understand both your rights and your responsibilities before taking the next step.

If you have questions about relocation, custody, divorce, or support matters, the Family Law team at MacElree Harvey, Ltd. is here to help. We’re committed to providing practical guidance and experienced representation tailored to your family’s unique circumstances. Contact Michael C. Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.

Author: Michael C. Rovito, Esq.

It’s one of the most common questions I hear from parents, and the answer surprises many people: in Pennsylvania, there is no “magic age.” A child does not automatically get to decide where they will live when they turn 12, 14, 16, or any other age.

Instead, the court’s focus is always on the child’s best interests.

While a child’s preference may be considered, it is only one factor among many. The court may evaluate the child’s age and maturity, whether they’re expressing an independent and well-reasoned opinion, and whether anyone is improperly influencing that preference.

Generally speaking, the older and more mature the child, the more weight the court may give to that preference, but it is never the sole deciding factor.

Every family and every custody case is unique. Understanding how Pennsylvania courts approach these decisions can help parents make informed choices during an already difficult time.

If you have questions about your custody rights or are navigating a custody dispute, the Family Law team at MacElree Harvey, Ltd. is here to help. We’re committed to providing practical guidance and experienced representation tailored to your family’s unique circumstances. Contact Michael Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.

One of the biggest misconceptions I encounter as a Family Law Attorney is that all property will automatically be divided 50/50. In Pennsylvania, that’s not necessarily the case. 

Pennsylvania follows a legal principle called equitable distribution, which means that marital assets and debts are divided in a manner the court determines is fair — not necessarily equal. 

What Is Equitable Distribution? 

Equitable distribution is the process by which marital assets and liabilities are divided between spouses during a divorce. 

Generally speaking, the Court has the authority to distribute the marital estate, which includes assets and debts accumulated between the date of marriage and the date of separation, in a way it deems equitable under the circumstances. 

Importantly, Pennsylvania law directs trial courts to make these decisions without regard to marital misconduct, meaning the court is focused on the financial realities of the marriage rather than assigning blame for the breakdown of the relationship. 

How Does the Court Decide What’s Fair? 

Pennsylvania law provides a number of factors for trial courts to consider when determining how to divide marital property, which include: 

• The length of the marriage 
• Whether it is a first or subsequent marriage for either spouse 
• Each party’s age, health, income, and earning capacity 
• The employability and vocational skills of each spouse 
• Whether one spouse contributed to the education, training, or increased earning power of the other 
• Each party’s opportunity to acquire future assets and income 
• The standard of living established during the marriage 
• The economic circumstances of each party at the time of distribution 
• The tax consequences associated with the division of assets 
• If there are children born of the marriage, are any of them still minors, and if so, the parties’ custodial arrangements 

What Is Dissipation of Assets? 

Another factor courts may consider is whether either spouse has dissipated marital assets. 

“Dissipation” generally refers to the wasting or improper use of marital property. 

Examples may include: 

• Spending significant marital funds on gambling 
• Using marital assets to support an extramarital affair 
• Recklessly spending money for personal benefit after separation 
• Allowing valuable property to fall into disrepair 
   

For instance, if a spouse remains in the marital residence and knowingly ignores a serious roof leak that ultimately causes substantial damage to the home, a court could view that as a dissipation of a marital asset. 

It’s More Than Just Dividing Property 

Equitable distribution involves much more than simply assigning values to bank accounts and retirement plans. 

Courts must also consider the practical and financial consequences of dividing assets. For example: 

• Costs associated with selling a marital residence 
• Outstanding mortgages or liens 
• Real estate transfer taxes 
• Potential capital gains tax consequences 
• Other transaction costs that may impact the true value of an asset 
   

The goal is to evaluate the complete financial picture and arrive at a distribution that is fair under the specific circumstances of the case. 

The Bottom Line 

Equitable distribution is not a mathematical formula, nor is it automatically a 50/50 split. Instead, Pennsylvania courts carefully evaluate a variety of economic factors to determine what constitutes a fair division of marital assets and liabilities. 

Every family has a unique financial story, which is why the outcome of one divorce may look very different from another. 

If you have questions about how equitable distribution may affect your rights, Michael Rovito and the Family Law team at MacElree Harvey are available to help you understand your options and navigate the process with confidence.