Family Law

Carla Trongone, Attorney at Law offers innovative approaches, and a proven ability to resolve legal issues. She believes attorneys have a special obligation to clients to obtain equitable divorce settlements, provide effective legal representation and provide sound legal counsel in a confidential, sensitive and secure setting.

Prenuptial Agreements

Nobody wants to think at the beginning of a marriage that it will ever end in divorce. However the statistics on divorce in the United States cannot be ignored. In 2003 the Bureau of the Census stated that 2.3 millions couples married and 1.3 million couples divorced in the United States

A prenuptial agreement (prenup) is smart financial planning. A Prenuptial (or Premarital) Agreement is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. Property which may be the subject of a premarital agreement includes any interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

You should consider having a prenup if you fall into any of the following categories:

• You have assets such as a home, stock or retirement funds


• Own all or part of a business


• You may be receiving an inheritance


• You have children and/or grandchildren from a previous marriage


• One of you is much wealthier than the other


• One of you will be supporting the other through college


• You have loved ones who need to be taken care of, such as elderly parents


• You have or are pursuing a degree or license in a potentially lucrative profession such as medicine


• You could see a big increase in income because your business is taking off

Sadly, in more than half of the cases, marriages have a beginning, a middle, and an end. Anyone who has been through a divorce will tell you that, without a prenuptial agreement, the end of a marriage can be a litigation nightmare.

A properly drawn and executed prenuptial agreement provides the parties with a measure of certainty as to how property and debts will be divided at the end of an unsuccessful marriage and may greatly reduce or even eliminate the issues which must be expensively litigated. The trouble and expense of drafting and executing a prenuptial agreement generally does not begin to compare with the trouble and expense of the legal battle resulting from the absence of a prenuptial agreement.

To schedule a free initial consultation, call Carla Trongone, Attorney at Law, today, or e-mail her at cmt@trongonelaw.com

Separation Agreements

A Marital Separation Agreement (or Settlement Agreement) is a legal and binding agreement between you and your spouse, which resolves many issues like, property and debt division, spousal support, child custody, visitation, child support, and insurance coverage.

The separation agreement has two primary purposes. First, a separation agreement can settle all of your issues for the period you and your spouse separate until the time of divorce. Second, a separation agreement is the final legal document you and your spouse will use to settle all your marital issues in order to get a final judgment or decree for divorce granted by the judge.

Keep in mind that drafting a Marital Separation Agreement does not mean you must get a divorce. Many separating spouses initiate the idea of putting a Separation Agreement in writing even if the separation is on a trial basis. It is very important to have everything documented, especially an official date of separation for financial purposes.

Divorce

There are generally two types of divorces in Pennsylvania: Fault Divorces and No-Fault divorces.
The following are all grounds for a fault based divorce:

• Imprisonment for 2 or more years


• Bigamy


• Indignities, or a course of conduct that makes a spouse’s life burdensome or conditions intolerable


• Adultery


• Physical abuse


• Desertion, or willful and malicious absence from home without justification for a year or longer


• Insanity, or a situation where a spouse is institutionalized

Sometimes, even though a spouse is at fault, he or she may have “defenses” to the behavior. Common defenses are Provocation, Condemnation or Insanity.
If you think you may be proceeding with a fault based divorce, please contact our offices by e-mailing us at cmt@trongonelaw.com

Filing for Divorce in Pennsylvania

The “standard” for a No-Fault Divorce is one where the Marriage is “irretrievably broken”. Where both parties agree that they want a divorce, and both parties consent to a divorce, the parties may sign an affidavit, wait 90 days, and assuming the paperwork is in order, a divorce may be granted.

A party can also request a decree in divorce (No-Fault) where the party alleges that the marriage is “irretrievably broken”, and the parties are separated and apart for at least two years.

To proceed with a divorce in Pennsylvania, a spouse must reside in PA for at least 6 months before the divorce. The court of common pleas in the county where one or the other of the parties resides will generally have jurisdiction of the divorce case.

For more information about proceeding with a divorce in Pennsylvania, please contact our offices by e-mailing us at cmt@trongonelaw.com.

Alimony

Alimony in Pennsylvania is the periodic payment of support money for maintenance of a former spouse. Alimony is available if necessary to ensure the ability of the economically weaker party to support him or herself.

In Pennsylvania, there is another “type” of alimony which the court calls Alimony Pendent Lite. Alimony Pendent Lite ( commonly APL ) is Alimony given during the pending litigation. APL is meant to be used for immediate support.

Paternity

In Pennsylvania, there is a strong presumption that the husband of a mother is to be considered the father of his wife’s baby. Where paternity of the child is in question, the parties can proceed through the court with a Paternity suit to determine the paternity of a non-marital child. Once paternity is established, the father has a duty to support his child.

For more information on paternity, please contact our offices by e-mailing us at cmt@Trongonelaw.com.

Child Support

In Pennsylvania, a parent has an obligation to pay a sum of money for the maintenance of his or her child. The duty to support continues until the child is 18 or emancipated, regardless of the relationship between the parents. The amount of child support is determined by statutory guidelines.

A parent may request a modification of child support based on “Material and substantial change(s) in circumstances,” which are generally conditions relating to an increase or decrease in wealth or income, change in employment, retirement, or disability.

Custody

Sometimes when parents end their marriage, it is difficult for them to agree upon who should have custody of the children. The court uses a “Best Interest” and welfare of the child standard to decide which custody arrangement will be best for the children. The court also takes into account various other factors, which include the desires of all parties involved; the age and health of the parties; the history of domestic violence, if any; and the relationships with siblings and other extended family members.

In some situations, Joint Custody can work. Joint custody works best when parents are non-hostile and very cooperative. It also works best when the parents live close enough to each other.

There are two different types of custody: Physical custody and legal custody. Physical custody is determined by which parent has the children in their “possession”. Legal custody is determined by which parent (or commonly both) has decision making power in deciding on important aspects of the child or children’s upbringing.