“It didn’t happen if there isn’t a document to prove it.”
This proposition is a little bit like “possession is nine tenths of the law.” It sounds good and frequently applies, but it isn’t as absolute as it sounds.
In any divorce and custody case, the testimony of the parties is paramount. Yes, the court may hear from experts in financial cases or a party’s parents or best friend in a custody case who says the party is a wonderful parent. But, in my experience, judges want to hear from the parties to assess their credibility and to get to the central issues in any given case.
In divorce cases, the court is required to consider a list of factors for property distribution and a list of separate but similar factors in alimony cases. These factors generally cover “equitable” considerations—meaning what is fair. After all, the court is charged with pursuing “economic justice” in each case.
These general concepts include:
Each party’s age, health, and ability to work.
Contributions to the marriage, both financial and non-financial evidence, such as caring for children.
Financial circumstances of each party, especially sources of current and future income.
Support by one party of the other party’s education, career or earning capacity.
Property brought into the marriage by one party from sources such as inheritances.
The standard of living developed during the marriage.
Documents such as statements for financial accounts, credit card statements, tax returns, and other financial records will be key; in alimony cases, the budget of the party seeking alimony is also critical.
But it is often the testimony of the parties—the story of the marriage—that will drive a court’s analysis of a fair, equitable financial resolution to a case.
This applies with even more force in custody cases. Again, the court is charged with applying a set of statutory factors to the facts of the matter. Read More
Pietragallo Gordon Alfano Bosick & Raspanti, LLP is delighted to announce the opening of our newest office in Marlton, New Jersey. Pietragallo currently has ten attorneys barred in New Jersey to serve our clients throughout the Garden State, with additional attorneys in the process of becoming members of the State bar. Their practices cover several specialties including government enforcement and white collar litigation, qui tam and False Claims Act litigation, internal investigations, employment, health care, commercial litigation, professional liability, and Title IX and sexual misconduct.
Our New Jersey office will be led by Scott A. Coffina, former Burlington County Prosecutor from 2017-2022, and former Senior Deputy Chief Counsel to Governor Chris Christie. Scott is the co-chair of our Government Enforcement, Compliance, & White Collar Litigation practice group. Scott also has served as an Assistant United States Attorney in Philadelphia and served as Associate Counsel to the President under President George W. Bush.
“We are very excited to expand into New Jersey with our new Marlton office,” said Pietragallo founding partner and Chairman, William Pietragallo, II. “Our firm already serves a number of clients in New Jersey,” he added. “Although our Philadelphia office is nearby, New Jersey is a different legal market and court system, and we are confident that we and our clients will benefit from our physical presence in the Garden State.”
The Marlton office is located at 50 Lake Center Drive, Suite 110, Marlton, NJ 08053. The office’s main number is 856-817-2600. Scott can be reached at 856-817-2601 or by email at SAC@Pietragallo.com.
About Pietragallo Gordon Alfano Bosick & Raspanti, LLP
Pietragallo is a multi-disciplined litigation and business law firm headquartered in Philadelphia and Pittsburgh with six offices throughout Pennsylvania, Ohio, West Virginia, and now New Jersey. Read More
When parties separate in anticipation of divorce, there are several key financial considerations that must be addressed at the outset. Who’s staying in the residence? Who’s paying support to whom, what, if anything, do we do with the marital assets and debts while the case is pending? Interim relief is not the final, disposition of assets; think of it as a band aid until the case can be concluded, or the parties and the Court can get their arms around what’s involved.
An initial consideration is who stays in the residence, or exclusive occupancy of the house. Note: this discussion does not address parties involuntarily removed from a home due to the filing of a petition for protection from abuse.
If the parties agree, typically, one party notifies the other that they intend to move. In a perfect world, the parties address how the household expenses will be paid, and there is no need for court or legal intervention. If the parties cannot agree on who vacates, then one or both parties will file a Petition for Exclusive Occupancy of the residence. This relief is only available if a Divorce Complaint is filed, because the Court does not have jurisdiction over the home in the absence of a Complaint.
Parties might seek exclusive occupancy when the discord in the residence is too high and could escalate. One or both parties may be unnecessarily intrusive on the other’s peace and quiet in the home. A party might be intercepting the other’s mail or monitoring phones or other devices. Often the deciding factor whether to direct that a party vacate is where there is a negative impact on children.
The Court will schedule a hearing on the issue of exclusive occupancy, and it will evaluate why parties seek this interim relief. The Court will hear testimony from the parties, and possibly interview the children. Read More
Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 27 lawyers have been named as 2025 The Best Lawyers in America® and Ones to Watch. In addition, Founding Partner William Pietragallo II has received “Lawyer of the Year” award for his work in Personal Injury Litigation – Defendants in Pittsburgh. He was also recognized for his work in Bet-the-Company Litigation, Commercial Litigation, Mass Tort Litigation/Class Actions-Plaintiffs, and Personal Injury Litigation-Defendants. Partner Douglas K. Rosenblum has also received “Lawyer of the Year” award for his work in Corporate Compliance Law in Philadelphia.
Recognition by Best Lawyers is based entirely on peer review. Their process is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
The following were chosen as The Best Lawyers in America:
Gaetan Alfano
Bet-the-Company Litigation
Commercial Litigation
Employment Law – Individuals
Employment Law – Management
Litigation – Labor and Employment
Charles J. Avalli
Family Law
Litigation – Trusts and Estates
Trusts and Estates
Joseph J. Bosick
Construction Law
Litigation – Construction
Pamela Coyle Brecht
Qui Tam Law
Kerri Lee Cappella
Family Law
Robert J. D’Anniballe, Jr.
Litigation – ERISA
Phillip R. Earnest
Construction Law
Insurance Law
Litigation – Construction
Mark Gordon
Insurance Law
Litigation – Insurance
Workers’ Compensation Law – Employers
Kenneth J. Horoho, Jr.
Family Law
David E. Lamm
Product Liability Litigation – Defendants
James F. Marrion
Product Liability Litigation – Defendants
Michael Morse
Criminal Defense: White-Collar
Shelly R. Pagac
Employment Law – Management
Litigation – Labor and Employment
Richard J. Parks
Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization Law
Corporate Law
Litigation – Real Estate
William Pietragallo II
Bet-the-Company Litigation
Commercial Litigation
Mass Tort Litigation/ Class Actions – Plaintiffs
Personal Injury Litigation – Defendants – Lawyer of the Year
Francis E. Read More
Imagine this scenario: you represent an elderly client who is in a tenuous marital relationship. Worse, the client’s cognitive functioning is declining. And the client’s longtime home, which was acquired during the marriage, is not titled in that client’s name, although the property has a substantial marital value. Under the Divorce Code, your client has a valuable marital interest in the residence that will evaporate if the client passes away prior to the marital interest being solidified in the divorce process. What is your advice? Should the client pursue a divorce? Can the client pursue a divorce? The topics of competency and competency to pursue a divorce are both important matters which could occupy multiple hours of CLE training. For the Superior Court’s take on these concerns, see its trenchant opinion in Berry v. Berry, 197 A.3d 788 (2018).1 are The first consideration is whether the client is better off under the Probate, Estates & Fiduciaries Code (“PEF Code”) or under the Divorce Code. Under the PEF Code, married individuals have important rights and entitlements that are altered once grounds for divorce are established in a divorce action 2; conversely, there are interests that exist only under the divorce code that may vanish if a person dies before divorce grounds have been established.
Start with the principle that a divorce action abates when a party dies unless grounds for divorce have been established. Grounds can be established in three ways under the Divorce Code:3 1) the court adopts the recommendations of a hearing officer or makes its own findings that grounds exist; 2) both parties have filed affidavits consenting to the entry of the divorce decree 90 days after service of the divorce complaint; or 3) one party has filed and served a 3301(d) affidavit averring that the separation has continued for more than one year prior to the filing AND the other party has not filed a counter-affidavit contesting the period of separation. Read More
Whether it is from TV shows, movies, or stories from friends, people who are unacquainted with the divorce and custody process often come to initial consultations with attorneys with certain expectations that are, well, based on myths. Here are the most common myths that have made the top five list:
I didn’t work during the marriage so I will receive lifetime alimony: Alimony is available in Pennsylvania, but it is what is known as a “secondary remedy”—secondary to asset distribution. This means that the court attempts to fix financial disparities with assets first—potentially by “skewing” the distribution percentage (giving one party more than 50% of the estate)—which leads to the next myth.
Assets are always divided 50/50: Pennsylvania is an equitable distribution state, not an equal distribution state. That means that courts will look at several factors to determine what is fair in an effort to promote “economic justice.” Those factors include contributions to the marriage (economic and non-economic), the relative financial status of the parties, sources of current and future income, and other similar considerations. It may well be that a 50/50 division of assets is fair; but the court can award one party a higher percentage of the estate if the circumstances warrant.
The party filing for divorce pays the other person’s fees: Typically, each party pays for their own legal fees. There are several exceptions to this general rule, such as when one party acts in bad faith or there is an extreme disparity in financial circumstances. But those exceptions are somewhat rare.
I had an affair so I deserve less/ my spouse had an affair so I deserve more: Although the reasons why the marriage ended are a factor in an alimony case, the “moral” issues leading to divorce increasingly do not move the needle one way or the other. Read More
Carla Schiff Donnelly was recently featured in “We’re Divorce Lawyers. These Are The 6 Qualities We look For In A Romantic Partner.” which was published in Huff Post, on March 29, 2024. Read More
Pietragallo is pleased to announce that 24 lawyers have been named to the 2024 Pennsylvania Super Lawyers and Rising Stars list.
Super Lawyers is a service of Thomson Reuters legal division which compiles a list of outstanding lawyers from more than 70 practice areas. Each year, Super Lawyers select attorneys based on peer nominations and evaluations combined with their own independent research. Selections are made on an annual, state by state basis to develop an extensive list of remarkable attorneys that can be used as a resource for attorneys and individuals seeking legal assistance. Only five percent of lawyers are selected to Super Lawyers and two and a half percent to Rising Stars.
The following were recognized in the 2024 Pennsylvania Super Lawyers list:
Gaetan J. Alfano (Top 100 in Philadelphia)
Charles Avalli
Joseph J. Bosick
Kerri Lee Cappella (Top 100 in Pennsylvania, Top 50 Women in Pennsylvania and Top 50 in Pittsburgh)
Mark Gordon
Brennan Hart
Kenneth J. Horoho, Jr.
Christopher A. Iacono
Michael A. Morse
Shelly R. Pagac
William Pietragallo, II
Francis E. Pipak, Jr.
Marc S. Raspanti (Top 100 in Philadelphia)
Lourdes Sánchez Ridge
Douglas K. Rosenblum
Eric G. Soller
Clem C. Trischler
Paul Kenneth Vey
Robert D. Weinberg
The following were recognized in the 2024 Pennsylvania Rising Stars list:
Rebecca Johnson Barksdale
Ashley Kenny
Alexander Owens
Peter St. Tienne Wolff
John B. Zappone
To read more, click here.
About Pietragallo
Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with five offices throughout Pennsylvania, Ohio, and West Virginia from which we are able to serve our clients in all 50 states and the District of Columbia. Read More
When you hear a couple is divorcing, one of the first questions people ask is “who is keeping the house?” Clients rarely ask the question that way. They more often ask, should I keep the house? Indeed, that is the better question because keeping the house is not always a good thing. Couples hardly ever fight about who gets to stay in the house.
During the Separation
In Pennsylvania, the party that stays in the house during the separation is responsible for paying the mortgage, taxes, and insurance. They would also have to pay the utilities and basic upkeep. There can be what’s called a “mortgage deviation” in certain circumstances. The deviation is a small “bump” in the interim support to assist the party paying the mortgage. Depending on the amount of the mortgage, a party can be left house poor if they remain in the home. If the party in the residence is the higher income earner, they must consider the amount of support they are paying to their spouse.
If your home has a relatively low mortgage, it may make sense to stay if it is less expensive than renting. Consider whether there are children and need to stay in the school district.
If neither of you can afford the house without the contribution from the other party’s income, consider placing the house on the market for sale. You can both live in the home until it sells provided this can be done safely and in a manner not detrimental to the children.
After the Divorce
After equitable distribution (division of property), it is important to keep in mind that the mortgage deviation goes away and the amount of support you are receiving or paying likely will reduce. If you are the dependent spouse, depending on your ability to earn, the cost of the upkeep of the home and the amount of guaranteed support, if may make sense to downsize. Read More
On April 30, 2024, attorney Robert Weinberg took to the skies as a guest at the Civic Leader Flight hosted by the 171st Air Refueling Wing, Pennsylvania Air National Guard. By invite-only, guests partook in a flight in a KC-135 aircraft to learn more about the flight deck and air-refueling.
The main purpose of the 171st Air Refueling Wing is to provide in-flight refueling to Department of Defense and North Atlantic Treaty Organization aircraft. They provide resources for global engagement, meet national objectives, and assist local and state authorities at the direction of the governor. The 171st also supports the Homeland Defense mission on a daily basis. Their second purpose is cargo and passenger transportation. Their tankers are continuously called upon to airlift cargo and passengers worldwide.
To learn more about the 171st Air Refueling Wing, click here. Read More
August 15, 2024
Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 27 lawyers have been named as 2025 The Best Lawyers in America® and Ones to Watch.Read More
May 17, 2024
Pietragallo is pleased to announce that 24 lawyers have been named to the 2024 Pennsylvania Super Lawyers and Rising Stars list. Read More
