Carrucoli and Associates - Family Lawyers

Family Law can be complex, but the divorce attorneys at Carrucoli and Associates have years of experience in this sensitive area and are ready to simplify things for you.

Understanding Divorce and Annulment

There are two types of ways to end a marriage in Pennsylvania - Divorce and Annulment. Divorce is the ending of a valid marriage, ordered by the Courts after the proper pleadings are filed. An annulment deals with the possibility that a valid marriage never existed and is more difficult to obtain in Pennsylvania.

Divorce

Divorce is broken down into two areas in Pennsylvania - No-fault and fault. A no-fault divorce occurs when both parties mutually consent to ending the marriage due to an irretrievable breakdown of the marriage, also stated as irreconcilable differences. The parties involved have both agreed to get a divorce. Obtaining a no-fault divorce in Central Pennsylvania can be a relatively painless process because the parties involved are not trying to prove which spouse was in the wrong. There is usually enough emotional pain involved in a divorce without trying to prove who was at fault. A no-fault divorce can be obtained in ninety (90) days when there are truly no contested issues between the parties.

In Pennsylvania, if both parties do not agree to the divorce, or the divorce is contested, the spouse seeking the divorce may be forced to live separately for two years before being able to compel his or her spouse to go through with the divorce. The party seeking this type of divorce still alleges irretrievable breakdown or irreconcilable differences; however there will obviously be a longer period to wait since one party is not agreeable to the divorce.

Although fault divorce is not as popular as it once was in Pennsylvania, our divorce attorneys can handle your fault divorce expertly while reducing the stress put upon you as much as possible. To obtain a fault divorce, the party seeking the divorce must prove one of the following:

• Divorce based on Imprisonment for 2 or more years
• Divorce based on Bigamy
• Divorce based on Indignities, or a course of conduct that makes a spouse’s life burdensome or conditions intolerable
• Divorce based on Adultery, or voluntary sex with a non-spouse
• Divorce based on Cruel & Barbarous Treatment, or physical abuse
• Divorce based on Desertion, or willful and malicious absence from home without justification for a year or longer
• Divorce based on Insanity, or a situation where a spouse is institutionalized

A fault-based divorce requires the parties to have at least one hearing before the court, while a no-fault divorce does not usually require any type of court appearances by the parties.

No matter how you have decided to obtain a divorce, there are many other issues that need to be worked out. Some of these areas include: property division, spousal support, alimony, alimony pendente lite, custody, visitation and child support. All of these areas can cause emotions to flair and can be very difficult to deal with on your own. The knowledgeable attorneys at Carrucoli & Associates will take you through the process of divorce step by step and will work their hardest to alleviate the tension caused by situations like this.

We work our hardest to resolve your legal matters with your best interest in mind. We will always try to handle your case without court intervention by attempting to negotiate with the opposing counsel and/or party. Successfully negotiating with the opposing party will keep your costs down and will lessen any stress the situation is causing. However, if there is a need to take your case to court, we will expertly and forcefully fight hard for what you deserve. Our South Central Pennsylvania firm does not push our clients into court and will give you an honest assessment of your case. Contact Carrucoli and Associates today to discuss the best way to handle this difficult time in your life with one of our Family Law Attorneys.

Annulment

In order to obtain an annulment in Pennsylvania, it must be proven that a marriage is either void or voidable. A void marriage is one that had no legal legitimacy since its inception. A voidable marriage occurs when the legal legitimacy of the marriage may be challenged.

Void Marriages:

The following are reasons to have a marriage declared void - as if the marriage never occurred:

• Either party has a current husband or wife at the time of the marriage in question
• A marriage between certain relatives such as brother and sister, parent and child, grandparent and grandchild, aunt and nephew, uncle and niece or first cousins
• If a party is not capable of consenting to the marriage due to a mental disorder or insanity
• When, if a common-law marriage is alleged, either party is under 18 years of age

A marriage that is considered void can be declared valid if the parties involved live together as husband and wife, or cohabitate, and if whatever made the marriage void is resolved, such as a prior marriage being terminated.

Voidable Marriages:

• At least one party is under 16 years of age at the time of the marriage and did not obtain the courts approval prior to the marriage
• At least one party was 16 or 17 at the time of the marriage and did not obtain the court approval or parental consent prior to the marriage and an action for annulment is stated within 60 days of the marriage ceremony
• If either party was intoxicated by alcohol or drugs and an action for annulment is started within 60 days of the marriage ceremony
• Where at least one party has a natural and incurable impotence which was unknown to the other party at the time of the marriage
• Where one party was under the influence of fraud, duress, coercion or force to enter the marriage

A voidable marriage is still considered valid until an annulment decree is obtained from the court.

There is no real economic advantage in trying to obtain an annulment instead of a divorce decree. Pennsylvania law states that equitable distribution, alimony and alimony pendente lite are available in both divorce and annulment actions.

In order to find out which is the best way to proceed with the termination of your marriage, contact our experienced family law attorneys so that they can discuss your options with you. Our divorce attorneys practice throughout South Central Pennsylvania.

Equitable Distribution

Dividing the marital assets is one aspect of obtaining a divorce in Pennsylvania. Some assets that are considered when splitting up marital property are as follows:

• checking and saving accounts
• retirement accounts, such as an 401k, pension plan and/or employee termination benefits
• inheritances (depending on how and when they were received)
• real property, including the marital residence
• personal property
• stocks, bonds, Cds, money market accounts, IRAs, trusts and annuities
• proceeds from a legal action, such as workers compensation or a medical malpractice lawsuit
• any liabilities such as mortgages, credit card debt, car loans, personal loans

Many parties reach agreements regarding how to split up their marital property and enter into a Property Settlement Agreement or a Marital Settlement Agreement. However, sometimes it is necessary to have a hearing before the court on how the marital property should be equitably distributed. When this is the case, the court will look at some of the following in order to decide how to divide the marital assets and debts:

• how long the parties were married
• the standard of living established during the marriage
• the sources of income of both parties
• the ability of each party to support themselves in the future
• prior marriages of either party
• any contribution made by one party to the education of the other party
• value of property owned solely by one spouse, such as gifts or inheritance, and is not part of the marital property to be divided
• custody of any minor children

Even when it appears that both parties are agreeable to a divorce, emotions tend to run high when parties start to split up the marital assets. Our family law attorneys can help walk you through the difficult process of dividing your property. The attorneys of Carrucoli & Associates will work their hardest to keep you out of court by negotiating a settlement that is best for you. However, if court is inevitable, we strongly advocate for our client to ensure that you are receiving what you deserve.

Custody

Our Pennsylvania custody lawyers handle child custody cases throughout South Central Pennsylvania, including, but not limited to: Cumberland, Dauphin, York, Lebanon, Perry, Franklin, Adams and Lancaster Counties. Our attorneys are experienced in handling the full range of custody matters such as Custody Conciliations, Custody Hearings, Custody Trials and Contempt Hearings. We are able to assist you in obtaining custody of your child (or children) and/or modifying a custody Order already in existence. Contact our office today to speak to one of our experienced Pennsylvania custody attorneys.

Custody can be one of the most difficult areas of family law with which our clients must deal. While the court looks at the best interests of the children, there are many times when one or both parents lose sight of their children’s interests. Instead, it essentially becomes a battle between the parents, while neither notices the emotional toll it is taking on children. Our custody attorneys work hard with their clients to figure out what is in the best interests of the children and we attempt to narrow down the issues between the parents to find those that are truly related to custody. We counsel our clients through the whole custody process and will strongly advocate for what we believe is in the child’s best interest.

In Pennsylvania, custody is broken down into two areas: Legal and Physical

Legal Custody:

Legal custody is the right of the parents to make decisions regarding the care of the child. This includes medical, schooling and religious decisions as well as the right of parents to be kept informed regarding how the child is doing. In Pennsylvania, legal custody is usually shared between the parties, meaning that each party has an equal right to make decisions that will impact the life of the child.

Physical Custody:

Physical custody determines with whom the child spends time. In Pennsylvania, there are several types of physical custody: primary custody, partial custody, shared custody, full custody and visitation.

Every custody situation is different and our family law attorneys listen to our clients to get the full story in order to come up with the best possible solution. The court will only be interested in the best interest of the child and, therefore, we also will focus on this. Although we will strongly advocate for our client’s wishes, we will not use the child as a pawn in an attempt to get back at the other parent for past wrongs. The welfare of your child (or children) is our top concern and we will honestly discuss all of your issues with you while listening to any concerns you may have.

Of course, it is not in the best interest of a child to have a stranger, who may never meet the child, decide where they should live and when visitation should occur. We will always expertly attempt to negotiate a custody agreement that is best for the child and for our client. However, if there is the need to go into court, our custody lawyers will strongly advocate for what they believe is in the best interest of the child and what the client wants. Contact the South Central Pennsylvania firm of Carrucoli & Associates, P.C. today to speak to one of our custody lawyers.

Carrucoli and Associates Is Here To Help

We understand that each case is unique and you have many personal interests at stake. The attorneys Carrucoli and Associates are able to bring years of experience to help your situation. Give us a call today.