Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

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Showing posts with label Lawyers in West Chester PA. Show all posts
Showing posts with label Lawyers in West Chester PA. Show all posts

Monday, August 21, 2023

Understanding Property Division in Divorce: Equitable Distribution and Complex Asset Division

estate planning attorney

Divorce is a challenging and emotional process, and one of the most complex aspects is property division. That is why it is crucial to understand the concept of equitable distribution and how it affects the division of assets.

Equitable Distribution in Pennsylvania

Pennsylvania follows the principle of equitable distribution when distributing assets during a divorce. Equitable distribution does not always mean an equal 50/50 split of assets but rather, a fair and just division based on various factors. These factors include the length of the marriage, each spouse's financial situation and contributions to the marriage, and more.

Understanding this concept is vital because it sets the framework for how your marital assets will be divided. Although some states adhere to community property laws, Pennsylvania takes a more flexible approach to ensure that both spouses receive a fair share of the assets acquired during the marriage.

Complex Asset Division

In many divorces, property division goes beyond the straightforward division of bank accounts and real estate. Complex assets, such as investments, retirement accounts, business interests, and valuable personal property, often require special attention. Dividing these assets can be intricate, and it is essential to work with experienced lawyers in West Chester PA who are well-versed in complex asset division.

When it comes to complex asset division, it is crucial to conduct a thorough valuation of these assets to determine their true worth. This may involve hiring experts such as appraisers, financial analysts, and forensic accountants to ensure an accurate assessment. Your divorce attorney will play a key role in coordinating this process and advocating for your interests.

Protecting Your Rights and Interests

During a divorce, emotions can run high, and it is easy to become overwhelmed by the complexities of property division. This is when you especially need the best divorce lawyers in your area. They can help you navigate the legal process, advocate for your rights, and ensure that your interests are protected.

Your attorney will work closely with you to identify your priorities and goals in the property-division process. Whether it is retaining ownership of the family home, securing your fair share of retirement accounts, and/or safeguarding your business interests, your lawyer will develop a strategy tailored to your specific needs.

Estate Planning Considerations

Divorce can also have a significant impact on your estate planning. It is essential to revisit your estate plan to update Wills, Trusts, and Powers of Attorney to reflect your new circumstances. This is where the expertise of an estate planning attorney comes into play.

An estate planning attorney can help you make informed decisions about how to protect your assets and provide for your loved ones after divorce. They can guide you through the process of revising your estate plan to ensure that your wishes are upheld and your financial future is secure.

You Do Not Need to Go Through it Alone

Property division in divorce is a complex and often emotionally-charged process. Understanding equitable distribution and the intricacies of complex asset division is essential to achieving a fair outcome. If you are facing divorce in Delaware County, Chester County, or Lancaster County, Pennsylvania, do not navigate this challenging journey alone.

Seek the assistance of the best divorce lawyers who can guide you through the legal complexities, protect your rights, and advocate for your interests. Additionally, consult with an estate planning attorney to ensure that your financial future is secure after divorce.

Contact us today to schedule a consultation and take the first step toward a more secure future.

This blog was originally posted on https://pa4law.com/understanding-property-division-in-divorce-equitable-distribution-and-complex-asset-division/

Monday, August 14, 2023

Understanding Restraining Orders: How They Work to Provide Protection from Abuse

sex crimes lawyer

If you find yourself in a situation where you or a loved one is facing abuse, harassment, or threats, it is crucial to understand the legal recourse available to protect your safety and well-being. Restraining orders, often known as protection from abuse (PFA) orders in Pennsylvania, can provide a legal shield against such harmful behaviors. In this article, we will explore the workings of restraining orders, how they offer protection from abuse, and why consulting a criminal attorney or Lawyers in West Chester PA is essential for those in and around Pennsylvania, specifically Delaware County, Chester County, and Lancaster County.

What is a Restraining Order?

A restraining order is issued by a court to prohibit one person from getting close to another person or even contacting them. These orders are typically sought by individuals who have been, or believe they are at risk of being harmed, harassed, or abused by another person. Restraining orders are designed to create a physical and emotional distance between the parties involved, and to ensure the safety and well-being of the petitioner.

Types of Restraining Orders

In Pennsylvania, there are various types of restraining orders, including:

1.   Protection from Abuse (PFA) Orders: These are specifically designed to protect victims of domestic violence, including spouses, partners, and children. A domestic violence defense lawyer can help victims initiate the process of obtaining a PFA order.

2.   Protection from Sexual Violence or Intimidation (PSVI) Orders: These orders offer protection to victims of sexual violence or intimidation, even if there is no pre-existing relationship between the parties involved. Consulting a sex crimes lawyer is crucial if you need to pursue a PSVI order.

3.   Protection from Harassment Orders: These orders are issued in cases of harassment, stalking, or threats. They can be sought by individuals who believe they are at risk of harm, even if there is no familial or intimate relationship with the alleged abuser.

How Restraining Orders Work

Obtaining a restraining order typically involves several steps:

1.   Filing a Petition: The petitioner, who seeks protection, must file a petition at the appropriate courthouse. It is advisable to consult with a criminal attorney or domestic violence defense lawyer during this initial stage to ensure the proper paperwork is submitted.

2.   Temporary Order: In emergency situations, the court may issue a temporary restraining order (TRO) to provide immediate protection. The TRO is temporary and usually followed by a hearing where both parties can present their cases.

3.   Hearing: A hearing will be scheduled, usually within 10 days, where both the petitioner and the respondent can present evidence and arguments. It is crucial to be prepared for this hearing, and consulting an attorney is highly recommended.

4.   Final Order: Following the hearing, the court will decide whether to issue a final restraining order (FRO). If granted, this order may have a set duration or remain in effect indefinitely, depending on the circumstances.

The Importance of Legal Representation

Navigating the process of obtaining a restraining order can be complex and emotionally challenging. This is why consulting a criminal attorney or domestic violence defense lawyer is essential. These legal professionals have the expertise to guide you through the process, ensure your rights are protected, and help you present a strong case in court.

Restraining orders play a critical role in protecting individuals from abuse, harassment, and threats. Understanding the types of orders available and the legal process involved is essential when seeking protection. If you or a loved one is in need of a restraining order in Pennsylvania, particularly in Delaware County, Chester County, or Lancaster County, do not hesitate to seek legal assistance.

Contact us today to consult with experienced lawyers who can help you obtain the necessary protection and support to ensure your safety and well-being.

This blog was originally posted on https://pa4law.com/understanding-restraining-orders-how-they-work-to-provide-protection-from-abuse/

The Role of a Lawyer in Domestic Abuse Cases

Domestic abuse cases can be deeply traumatic and complicated. When navigating these difficult circumstances, victims often rely on the legal...