Family Law

Is Divorce Your New Year’s Resolution?

2024/01/11

Divorce attorneys see an uptick in new client calls come January each year. Some bide their time in order to get through the holidays for the sake of the children. For others, the stress of the holidays can cause the straw that breaks the camel’s back. Many, however, see a new year as time to leave behind what makes them unhappy, be it bad habits or an unhappy (or abusive) marriage. That is where the New Year’s Resolution comes in. As a divorce lawyer for many years, I am often asked if I recommend marriage counseling to my clients. My answer is yes, if it is indicated. Unfortunately, the times I have recommended marriage counseling are few and far between. That is because of all the time and contemplation that goes into making the call to a divorce attorney in the first place. By the time a client comes in to see their lawyer, they have often been unhappy for a long time and their marriage is beyond repair. Ambivalence and fear prevent people from coming to us sooner. New Year’s Resolutions can be the push they need to make the call. The “funny” thing is, once the client comes in, they often regret not coming in sooner. Their questions are answered and the process is less daunting and mysterious. As we get up from the conference room table it is not unusual to hear “I feel so much better than I did when I got here.” The Next Chapter If your resolution is to leave your marriage, contact us to set up a plan to get started. Also, you may find helpful to read about what to expect at an initial consultation. In the meantime, if you are not familiar with your finances, this may be a good time to look around for tax returns, pay stubs and other documents that may help you get a clearer picture. Read More

What to Expect at an Initial Consultation with a Divorce Attorney

2024/01/12

Your initial consultation with an attorney is your time, especially if you are paying for it. The goal of an initial consultation is to have the client leave with all of their questions answered and a game plan for moving forward in the short term. Getting Started We start by asking some introductory questions so that we can understand what prompted you to seek legal counsel and to determine what issues need to be addressed first. After we gather enough basic facts, we then give you a “lay of the land” in terms where the law fits in with your situation. We then try to come up with a short-term game plan and address your questions. It is not unusual for clients to have no or little information about their finances. That is okay. You probably know more than you think. We also have various ways that we can gather that information for you over the course of your case. What to Bring As far as what to bring, there is no set list. Most of the time, it is okay not to bring anything. The exception would be if you have been served with papers. In that event, it is a good idea to bring those papers with you. Some clients bring tax returns, pay stubs, bank account statements and other documents that are concerning to them. Certainly, the more documents you bring the more specific feedback your attorney can provide. Bring anything with you that you want us to look at, and feel free to bring a friend or relative for moral support. Fee arrangements At the end of the consultation, we will discuss a fee arrangement should you decide to retain our services. A question we are asked frequently is why are our consultations not free. There are a few reasons.  Read More

New Year Resolutions: Best Practices for Our Clients

2023/12/20

Year-end and the beginning of the New Year are good times to check in on your family law matters. Myriad events might be triggered as the calendar switches over. A little pre-planning can avoid unpleasant surprises or unnecessary emergencies later. We like to remind our clients of a few things, including: Save and send us your December 31 pay stubs and your Forms W-2 and 1099. Parties are required to report to the Domestic Relations Office any material changes in circumstances with their incomes. Failure to report these changes can result in sanctions at a future support hearing, depending on the impact of these changes on existing support orders. Assemble and send us documentation of joint expenditures you and the other parent might share, such as: unreimbursed medical expenses; tuition and other related academic fees; activity fees and related expenses. If we need to seek reimbursement for medical expenses, we must do so and provide the documentation before March 31. Though there is no similar rule for other shared expenses, your agreement or order might direct those arrangements. If your divorce case is still pending, please send us year-end statements from retirement, bank, and investment accounts, especially if they reflect the full year’s activity. This will help us keep up to date on the components of the marital estate. Consider or confirm what your tax filing status will be, especially if you will still be married by December 31. Some agreements or court orders may direct parties’ filing status or the child tax credit. Check in with your accountant to explain these matters with you. Determine whether alimony terminates or otherwise changes as the calendar turns. We may need to obtain an order to change a wage attachment, or we may need to notify the other party’s counsel. Check in on your custody orders – does the New Year direct changes in the holiday or vacation provisions? Read More

5 Christmas Survival Tips for Divorcing Parents

2023/12/06

Divorce and custody issues can make Christmas and other holidays stressful for parents. Children are very perceptive and will feel your stress. Here are some ways to lower your stress and survive the holidays: Focus on new traditions. Christmas will never be the same as it was when you were married. Maybe that is a good thing. As I talked about in my Halloween post, focus on your favorite traditions and cut out the ones you went along with for your spouse. So, if you hated spending the day traveling to visit family members, skip it this year. Instead, do something you enjoy like spending the whole day baking cookies, sipping eggnog and listening to Christmas music. Never liked that fake tree, go cut down a real one. Decide if you can handle spending some of the time together. Sometimes, even in contentious divorces, parents decide to spend Christmas Eve and Christmas morning together. If you can make it about the children and not be tense, have it. If you have doubts that one or both of you will behave, it is best to divide the time. Figure out the schedule ahead of time. Do not wait until Christmas Eve to decide who gets the kids when. If you both want Christmas Eve, try to figure out a compromise such as alternating who gets Christmas Eve each year. You can also work in other holidays. For example, you can agree that if you get Christmas Eve, your spouse gets Christmas Day and/or Easter Sunday. Be flexible, your children will thank you. Coordinate gifts. It is not fair to your children if you both buy them the same thing. Worse yet, focusing on topping the other parent takes the spirit out of the holiday. Talk to your kids, appropriately. Open and honest communication with children is best. Read More

Halloween: What Divorcing Parents Need to Consider

2023/10/09

Halloween has always been a special holiday for children, and parents enjoy reliving it through their eyes. However, divorce can put a damper on things if the parents do not plan ahead and work together. Here are some tips to help things go more smoothly: Decide who is doing what for the costumes. It is no fun for kids if their parents are too busy fighting over who is doing what when it comes to the costumes. Take your ego out of it. If the other parent really wants to take the lead on the costume let them and agree you will take the lead next year. Or, if you have more than one child, you each are in charge of one of them. Determine if you are both going to trick or treat together. The determinative question is whether both of you can get along and make it a positive experience for your child. That usually means being willing to leave your new significant other out of the picture. Remember, the focus is on your child and not to make your ex jealous or upset. If you cannot make it a positive experience, it may be better to alternate years. Determine where you are trick or treating. If you are both still living at home, this one is easy. If you are now living in separate homes and both neighborhoods trick or treat at the same time, you have to select a location. Think of this from the child’s perspective. Do they have friends in the new neighborhood and feel excited about it? Would they rather spend their first Halloween where it is familiar? Remember that divorce is an opportunity to create new traditions. If you do not have your children on Halloween, you can still create new traditions around the holiday and the fall season. Read More

Adam Garret selected to the ACBA Young Lawyers Division Bar Leadership Initiative

2023/09/26

We are pleased to announce that a Pietragallo attorney, Adam Garret, are among the 14 attorneys selected to the Allegheny County Bar Association’s (ACBA) Young Lawyers Division Bar Leadership Initiative Class of 2023-2024. The Bar Leadership Initiative (BLI) is a year-long program which creates a pipeline for the involvement of young lawyers within the area legal community. The goal of BLI is to aid and encourage young lawyers in developing their professional and community leadership skills, and to position themselves to assume a leadership position within the Allegheny County Bar Association. Read More

Carla Schiff Donnelly speaks on Pennsylvania Bar Association Family Law Section’s Podcast: Law in the Family

2023/09/14

Pietragallo partner Carla Schiff Donnelly recently spoke on an episode of Law in the Family, a podcast from the Pennsylvania Bar Association Family Law Section, titled, “The Prenuptial Agreement Intake: Laying the Foundation for an Effective Agreement”. The Law in the Family podcast is intended to provide insights for lawyers about the practice of family law in Pennsylvania, in this episode Ms. Donnelly discussed the initial meeting and discussions that come with prenuptial agreements. The podcast is available below, and can be found on Apple Podcasts, Google Podcasts, and Spotify. Read More

Carla Schiff Donnelly to speak at 2023 Pennsylvania Bar Association Commission on Women in the Profession Fall Retreat

2023/11/03

Carla Schiff Donnelly will be speaking at the 2023 Pennsylvania Bar Association (PBA) Commission on Women In the Profession Fall Retreat held November 3-4, 2023 in Hershey, PA. Ms. Donnelly will be speaking the second day of the conference on the panel entitled “Writing Your Way to Success”. This program will discuss the importance of writing in the legal profession, helping attendees of all skill levels to refine their writing, and avoiding pitfalls that derail success. Ms. Donnelly will be joined on the panel by, Samantha E. Dorn, Esq. of Allegheny County Court of Common Pleas and Rhonda M. Fulginiti, Esq. of Buchanan Ingersoll & Rooney PC. More information and registration for the retreat can be found here.   Read More

20 Pietragallo Lawyers Named in 2024 The Best Lawyers in America® and Ones to Watch

2023/08/17

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 21 lawyers have been named as 2024 The Best Lawyers in America® and Ones to Watch. In addition, partner Marc Stephen Raspanti have received “Lawyer of the Year” award for his work in Health Care 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 Avalli Family Law Litigation – Trusts and Estates Trusts and Estates Joseph J. Bosick Construction Law Pamela Coyle Brecht Qui Tam Law Kerri Lee Cappella Family Law Mark Gordon Insurance Law Litigation-Insurance Workers’ Compensation Law – Employers Kenneth Horoho, Jr. Family Law James F. Marrion Product Liability Litigation – Defendants 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 Francis E. Pipak, Jr. Workers’ Compensation Law – Employer Marc Stephen Raspanti Criminal Defense: White-Collar Health Care Law – Lawyer of the Year Qui Tam Law Douglas K. Rosenblum Corporate Compliance Law Criminal Defense: White-Collar Clem C. Trischler Commercial Litigation Product Liability Litigation – Defendants Robert D. Weinberg Family Law Peter St. Tienne Wolff Commercial Litigation Litigation – Trusts and Estates Trusts and Estates   The following were chosen as Best Lawyers in America: Ones to Watch® in America: John W. Kettering Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Corporate Governance and Compliance Law Nonprofit / Charities Law Alexander M. Read More

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