Divorce Lawyer Chester County

McIntosh Lawyers, PC is a family law practice that was founded by Joe McIntosh, Esquire with over 25 years of experience of advocacy of complex divorces in Chester County. Our team provides legal counsel in Chester County for divorce and various family law services throughout Chester County, Delaware County and Montgomery County with our law office located at 23 West Second Street, Media, Pennsylvania.

Contact a Chester County Divorce Attorney Today

Divorce cases can be extremely emotional, and can be factually and legally complex. The division of marital property and going through the equitable distribution process can be very stressful. The last thing you need is a divorce attorney that unnecessarily complicates your divorce case, or throws fuel on the fire without your knowledge or permission. At McIntosh Lawyers, PC, our team puts their egos aside and represents you based upon your best interests. You will be involved in all aspects of the proceedings. I will personally ensure that you make all-important final decisions regarding your divorce proceedings after being informed of your rights and chances of success. We strive to make sure you understand the “why’s” and “how’s” of your case.

You will be provided with copies of correspondence and pleadings filed with the Court through the process. All phone calls will be returned same or next business day. You are an intricate part of the process and; therefore, your participation and input is necessary for the best results.

Joe McIntosh, Esquire has over 25 years of experience. Your case is not going to be passed off to an inexperienced associate. Joe McIntosh, Esquire takes an approach that serves our client’s best interests, whether such means litigation, arbitration or a quick and inexpensive settlement, our clients are provided with the best legal services possible during their most difficult times.

Contact a Chester County divorce attorney today for more information.

Pennsylvania Divorce Process

Pennsylvania Divorce Law

It does not matter what city or county in Pennsylvania that you reside as far as the divorce laws that apply to your case. Most of the laws that apply in divorce cases are found in two places – (1) Title 23 of the Pennsylvania Statutes Consolidated and (2) the Pennsylvania Rules Civil Procedure. Cases published by the Supreme Court of Pennsylvania and the Pennsylvania Court of Appeals interpret these laws and apply them to many varying factual scenarios that help our attorneys make the appropriate arguments that help persuade the Court to make decisions that are fair and appropriate in your divorce case. New laws and rules are added every year, and changes are made to some of the laws and rules every year. The statutes and rules set forth specific laws and regulations that are applicable to child custody (legal decision-making), parenting time, grandparent and other third-party visitation, community property, sole and separate property, spousal support (alimony), and other areas of family law.

Divorce Division of Property and Debts Regularly Handled by Chester County Divorce Lawyers

Identifying and Locating Assets and Legal Issues

Sometimes the division of assets and debts in a divorce case is fairly straightforward. On other occasions, one of the parties has not been involved as much in the finances and may not know what the parties own in assets or what they have incurred in debts. In some cases, one of the parties may be hiding assets. Not only must all assets be identified, sometimes it is necessary to make sure that the assets are properly valued so that our clients receive their fair share. Property interests in a Pennsylvania divorce case may include real estate, personal property, business interests, retirement plans, pensions, and other tangible and intangible assets. Our Chester County property division lawyers take the necessary steps to make sure that all marital assets are identified and all reasonable arguments are made to have such assets properly and equitably divided. This often includes issuing subpoenas, taking depositions, and other methods of discovery to obtain necessary information and documents. If the value of the property is disputed, we obtain the necessary appraisals or other evidence so that the Court can apply proper values to ensure that you receive your fair share.

We have much more information about the division of property and debts (including what constitutes community property and sole and separate property) throughout our website.

Generally, separate property includes anything that a party owned before marriage or inherited, as well as the gains/increase in value regarding such property that flows inherently from such property (for example, passive gains, capital gains, etc.). This may include various forms of property including real estate, business interests, retirement accounts and benefits, furniture and other pre-marriage personal property, financial accounts and other property interests.

Sometimes separate property can be converted or transmuted to community property. For example, adding the other party to the title of real estate, commingling separate funds and community funds within an account, and various other actions that establish that the separate property was not intended to stay that way.

Waste and Improper Transfers Of Funds and Assets

Sometimes a spouse may improperly transfer or ‘waste’ assets or funds acquired during the marriage. In such cases, the spouse that wasted community assets or funds may be required to reimburse the innocent spouse for such waste. Such wasteful or improper spending may include money spent on an illicit extramarital affair, gambling, drugs and or other improper spending or transfers. If such has taken place for a long period of time, such wasteful spending or transfers may add up to a lot of money. In such cases, we take the necessary measures and make the additional claims to obtain additional property, extra spousal maintenance or other types of compensation for our clients.

Valuation and Division of the Family Business

In cases where a business is started during the marriage, a valuation of the business may be necessary. Even if a business was started prior to marriage, the community may have a claim to at least part of the increase in value, as well as funds or other assets held within the company. If a business is doing particularly well, there may be goodwill value in the business over and above the value of the hard assets. Our divorce attorneys in Chester County are very experienced in business valuation cases and other complex property cases. In cases where we represent the spouse that runs the business, we will advocate making sure that the business is not ‘over-valued.’ Similarly, in cases where we represent the spouse that will not be retaining the business, we take the necessary measures and make the required claims to ensure that all assets within the business are identified and that a fair valuation is obtained.

Business valuations are generally performed by experts that are certified to perform such evaluations. Some components of a business valuation are subjective, and a good family law attorney knows how to present evidence that is most beneficial to his/her client’s interests in obtaining a higher or lower valuation amount. When necessary, a good family law attorney in Chester County must persuade the expert or the Court to apply logic and reasonableness in order to avoid valuations that are too high or too low.

We have much more information about business valuations on our website, so click here if you want to learn more.

Child Custody (Legal Decision-Making) and Parenting Time

Often the biggest issues in a divorce case regard custody (legal decision-making) and parenting time. Factors such as domestic violence, drug, and alcohol abuse, mental health issues, or improper parental behavior may have a big impact on legal decision-making and parenting time orders. In other cases, the issues may be more subtle. In some cases, equal parenting time and decision-making are appropriate. In other cases, parenting time should be restricted (including supervised parenting time where the child is endangered physically or emotionally by one of the parents).

How parents behave during the divorce proceeding can be crucial to the Court’s final decision regarding parenting time and legal custody. This seems to be lost on many attorneys, who fail to properly advise their clients on how to approach daily issues as the case progresses.

At McIntosh Lawyers, PC, we not only fight to obtain the results that serve the best interests of your children, but we also provide you with our honest and experienced feedback during your proceedings to make sure that you do not make mistakes that may impact the Court’s decisions.

Our child custody lawyers in Chester County are happy to provide detailed and tailored information about legal decision-making and parenting time pursuant to the specific facts in your case.

Child Support

In divorce cases involving children, one party is generally ordered to pay at least some child support to the other parent. Considerations include each party’s income, expenses for the child’s health care insurance and uncovered health care expenses, the parties’ respective parenting time, and other considerations. Pennsylvania has Child Support Guidelines that are presumed to apply. However, in some cases where the children have a different standard of living in each household, the Court may deviate from the presumed amount (upward or downward).

Our website has very detailed information regarding the rules, application, and calculation of child support. For more information regarding child support, click here.

Does an Affair Affect My Divorce Case?

It is no secret that many marriages are destroyed by extramarital affairs. If extramarital affairs were relevant in divorce cases, we would need many more judges.

Pennsylvania is a no-fault state. This means that a spouse is not legally punished simply for the fact that he or she had an affair. However, as explained above, a spouse may engage in waste or make improper transfers by spending money during the affair. This may include gifts to the girlfriend or boyfriend, money spent on vacations, travel, hotel rooms or other funds spent. In such cases, the spouse who spent such funds may be ordered to reimburse the innocent spouse for their share of such funds.

Similarly, in child custody and parenting time cases an illicit affair by itself does not mean that a person is not going to be awarded joint legal custody/decision-making or maximum parenting time. However, there may be circumstances in which the Court may frown upon a party’s conduct that is relevant to the children’s best interests. For example, the judge may conclude it is poor parental decision-making to allow a girlfriend or boyfriend to spend significant time with the children before the children have a chance to heal from the split between their parents. If a parent allows his or her boyfriend/girlfriend to talk poorly about the other parent or engage in other inappropriate conduct in the presence of the children, the parent that allows such conduct may be held accountable by the Court.

Do I Have to Go to Trial When I get a Divorce?

If you and your spouse agree to all issues regarding your divorce proceedings, McIntosh Lawyers, PC can draft settlement documents in order to avoid going to trial. Our firm attempts to identify and resolve all of the issues in your case without expensive legal fees associated with a trial so long as the issues can be settled in a manner that is fair and equitable to you.

Our website has excellent information regarding alternative dispute resolution and mediation services designed to assist you in settling your case, which you can access by clicking here.

Types of Divorce Cases We Represent

At McIntosh Lawyers, PC, we only represent clients in divorce and other family law cases, which means we dedicate our time to just one broad area of law. Our attorneys are more knowledgeable and have more experience than many lawyers who practice numerous areas of the law because we do not divide our time among several different practice areas.

PENNSYLVANIA FATHER’S RIGHTS / PENNSYLVANIA MOTHER’S RIGHTS

A number of law firms sometimes hold themselves out as a Father’s Rights law firm or a Mother’s Rights law firm. In many cases, this is just a marketing ploy. The frank truth is that most (if not all) law firms will be happy to accept qualified clients from both genders. It is also a truth that many years ago the law was more beneficial to mothers with regard to parenting time and legal decision-making than fathers. Over time Arizona’s statutes have been changed so that parenting issues are gender neutral. In parenting cases, the Court is supposed to focus on the children’s best interests. Financial issues are also gender-neutral under the statutes. Both wives and husbands (if eligible) can request spousal maintenance, and the law is written gender-neutral in such regard. Our firm works hard to obtain the best results for our clients regardless of gender, religion, race, sexual orientation, or other factors.

SPOUSAL MAINTENANCE (ALIMONY)

PROPERTY DIVISION

As a general rule, divorced couples equally divide between them all community property and debts. There are some exceptions where such division may not be equitable.

LEGAL SEPARATION / ANNULMENT

Legal separation and annulment are two alternatives to divorce that may be options. Talk with a Chester County divorce alternative lawyer if this is an option for you and the benefits involved.

Frequently Asked Questions

DO I NEED A REASON TO FILE FOR DIVORCE?

Pennsylvania is a “no-fault state.” In other words, you do not need to state any specific reason why you want a divorce, nor does your spouse have to agree to a divorce. Only one person is required to claim that the marriage is “irretrievably broken.” This means that one spouse has decided that the marriage cannot be worked out and it’s time for a divorce. You do not have to go through marital counseling or anything else to get a divorce.

HOW LONG WILL IT TAKE TO GET A DIVORCE?

Once the divorce petition and other documents have been served on the other party, you need only wait 90 days if you and your spouse agree on all issues you can obtain a divorce decree without ever having to see the judge. If you and your spouse cannot eventually agree on all issues, the only other way to obtain a divorce is through a trial. In such an event, the judge makes all decisions (there is no jury in divorce cases). How long it takes to get to trial depends upon the complexity of your case and how backed up the court is. The Chester County judges have many cases and I could take months to get a trial date.

HOW MUCH DOES IT COST TO GET A DIVORCE?

The total fees and costs in divorce proceedings vary depending upon a number of factors. If you and your spouse agree to most or all terms, the fees and costs should be minimal. It is our belief that no matter how simple the divorce, it is always in your best interests to consult with an attorney. This does not mean that you cannot do your divorce yourself. However, many people who do not consult with attorneys may leave out certain very important provisions that can come back to haunt them later on and cost them a great deal; such as the division of retirement plans. A little “preventive medicine” may save you a lot of headaches in the future. McIntosh Lawyers, PC is committed to providing its clients with quality representation at a reasonable cost.

SHOULD I TALK TO A LAWYER BEFORE I FILE FOR DIVORCE AND/OR BEFORE I MOVE OUT OF THE HOUSE?

If possible, it is always in your best interests to consult with a family law attorney before you move out of your residence or file for divorce, even if you decide to represent yourself. What happens early on in a case may turn out to be very important. For example, we generally recommend having at least a temporary parenting agreement in place before you move out of the marital residence if you have children. We also recommend that you videotape all contents of the home so that you can ensure that all items can be identified and are divided equitably. We may also recommend that you photocopy financial records stored in the home.

Each case is different, and many of our clients have special circumstances. Again, some “preventive medicine” may save you a lot of heartache and headaches in the future.

SHOULD I FILL OUT THE DIVORCE FORMS MYSELF?

In many cases, especially ones that are uncontested, you may be able to represent yourself. The Administrative Office of Pennsylvania Courts (AOPC) has family law and other forms available online

McIntosh Lawyers, PC is a family law practice that was founded by Joe McIntosh, Esquire with over 25 years of experience of advocacy of complex divorce in Chester County. Our team provides legal counsel in Chester County for divorce and various family law services throughout Chester County, Delaware County and Montgomery County with our law office located at 23 West Second Street, Media, Pennsylvania.

Contact a Chester County Divorce Attorney Today

Divorce cases can be extremely emotional, and can be factually and legally complex. The division of marital property and going to the equitable distribution process can be very stressful. The last thing you need is a divorce attorney that unnecessarily complicates your divorce case, or throws fuel on the fire without your knowledge or permission. At McIntosh Lawyers, PC, our team puts their egos aside and represents you based upon your best interests. You will be involved in all aspects of the proceedings. Our attorneys will ensure that you make all-important final decisions regarding your divorce proceedings after being informed of your rights and chances of success. We strive to make sure you understand the “why’s” and “how’s” of your case.

As we have stated throughout our website, we highly recommend that you at least consult with an attorney. A little bit of preventive medicine may save you a lot of money, heartache, and headaches. In many cases, McIntosh Lawyers, PC provides consult services without the necessity of formally retaining the firm and without having to pay a deposit or retainer fee.

Contact a Chester County divorce attorney today for more information.

At McIntosh Lawyers, PC, we pride ourselves on advocating strongly for our clients and placing them in the best position for success while also keeping in mind the cost of litigation. During the proceedings, we take the appropriate steps and advise our clients in a manner that increases the possibility to recover all or a portion of their attorney fees, or that limits their exposure to paying the other party’s attorney fees.

Pennsylvania Divorce Process

Pennsylvania Divorce Law

It does not matter what city or county in Pennsylvania that you reside as far as the divorce laws that apply to your case. Most of the laws that apply in divorce cases are found in two places – (1) Title 25 of the Pennsylvania Revised Statutes and (2) the PennsylvaniaRules of Family Law Procedure. Cases published by the Supreme Court of Pennsylvania and the Pennsylvania Court of Appeals interpret these laws and apply them to many varying factual scenarios that help our attorneys make the appropriate arguments that help persuade the Court to make decisions that are fair and appropriate in your divorce case. New laws and rules are added every year, and changes are made to some of the laws and rules every year. The statutes and rules set forth specific laws and regulations applicable to child custody (legal decision-making), parenting time, grandparent and other third-party visitation, community property, sole and separate property, spousal maintenance (alimony), and other areas of family law.

New statute changes were imposed recently that can affect your case, including the statute regarding spousal maintenance requests. New changes to the Rules of Family Law Procedure were also approved and took effect on January 1, 2019. The statutes and rules have occasionally been updated through 2022. Attorneys that do not practice family law regularly may not be aware of such changes that may affect your case.

At McIntosh Lawyers, PC, we meet as a team regularly to discuss new laws and the application of the law to our clients’ cases in order to obtain the best results possible.

Divorce Division of Property and Debts

Identifying and Locating Assets

Sometimes the division of assets and debts in a divorce case is fairly straightforward. On other occasions, one of the parties has not been involved as much in the finances and may not know what the parties own in assets or what they have incurred in debts. In some cases, one of the parties may be hiding assets. Not only must all assets be identified, sometimes it is necessary to make sure that the assets are properly valued so that our clients receive their fair share. Property interests in an Pennsylvania divorce case may include real estate, personal property, business interests, retirement plans, pensions, and other tangible and intangible assets. Our Chester County property division lawyers take the necessary steps to make sure that all marital assets are identified and all reasonable arguments are made to have such assets properly and equitably divided. This often includes issuing subpoenas, taking depositions, and other methods of discovery to obtain necessary information and documents. If the value of the property is disputed, we obtain the necessary appraisals or other evidence so that the Court can apply proper values to ensure that you receive your fair share.

We have much more information about the division of property and debts (including what constitutes community property and sole and separate property) throughout our website.

Generally, separate property includes anything that a party owned before marriage or inherited, as well as the gains / increase in value regarding such property that flow inherently from such property (for example, passive gains, capital gains, etc.). This may include various forms of property including real estate, business interests, retirement accounts and benefits, furniture and other pre-marriage personal property, financial accounts and other property interests.

Certain types of property may increase in value as a result of community efforts or contributions. Thus, the increase in value may be apportioned between the separate property and community property based upon what community contributions were made (i.e., labor by either spouse or community capital contributions such as mortgage payments). In such cases, the property remains separate, but the community may have a claim to a portion of the increase in equity. The community would be entitled to a community lien for its share of such equity.

Waste and Improper Transfers Of Funds and Assets

Valuation and Division of the Family Business

In cases where a business is started during the marriage, a valuation of the business may be necessary. Even if a business was started prior to marriage, the community may have a claim to at least part of the increase in value, as well as funds or other assets held within the company. If a business is doing particularly well, there may be goodwill value in the business over and above the value of the hard assets. Our divorce attorneys in Chester County are very experienced in business valuation cases and other complex property cases. In cases that we represent the spouse that runs the business, we will advocate making sure that the business is not ‘over-valued.’ Similarly, in cases that we represent the spouse that will not be retaining the business, we take the necessary measures and make the required claims to ensure that all assets within the business are identified and that a fair valuation is obtained.

We have much more information about business valuations on our website, so click here if you want to learn more.

Child Custody (Legal Decision-Making) and Parenting Time

Often the biggest issues in a divorce case regard custody (legal decision-making) and parenting time. Factors such as domestic violence, drug and alcohol abuse, mental health issues or improper parental behavior may have a big impact on legal decision-making and parenting time orders. In other cases, the issues may be more subtle. In some cases, equal parenting time and decision-making are appropriate. In other cases, parenting time should be restricted (including supervised parenting time where the child is endangered physically or emotionally by one of the parents).

At McIntosh Lawyers, PC, we not only fight to obtain the results that serve the best interests of your children, we provide you with our honest and experienced feedback during your proceedings to make sure that you do not make mistakes that may impact the Court’s decisions.

Our child custody lawyers in Chester County are happy to provide detailed and tailored information about legal decision making and parenting time pursuant to the specific facts in your case.

Child Support

In divorce cases involving children, one party is generally ordered to pay at least some child support to the other parent. Considerations include each party’s income, expenses for the child’s health care insurance and uncovered health care expenses, the parties’ respective parenting time and other considerations. Pennsylvania has Child Support Guidelines that are presumed to apply. However, in some cases where the children have a different standard of living in each household, the Court may deviate from the presumed amount (upward or downward).

Our website has very detailed information regarding the rules, application and calculation of child support. For more information regarding child support, click here.

Does an Affair Affect My Divorce Case?

It is no secret that many marriages are destroyed by extramarital affairs. If extramarital affairs were relevant in divorce cases, we would need many more judges.

Similarly, in child custody and parenting time cases an illicit affair by itself does not mean that a person is not going to be awarded joint legal custody/decision-making or maximum parenting time. However, there may be circumstances in which the Court may frown upon a party’s conduct that is relevant to the children’s best interests. For example, the judge may conclude it is poor parental decision making to allow a girlfriend or boyfriend to spend significant time with the children before the children have a chance to heal from the split between their parents. If a parent allows his or her boyfriend / girlfriend to talk poorly about the other parent or engage in other inappropriate conduct in the presence of the children, the parent that allows such conduct may be held accountable by the Court.

Do I Have to Go to Trial When I get a Divorce?

Our website has excellent information regarding alternate dispute resolution and mediation services designed to assist you in settling your case, which you can access by clicking here.

Types of Divorce Cases We Represent

PENNSYLVANIA FATHER’S RIGHTS / PENNSYLVANIA MOTHER’S RIGHTS

A number of law firms sometimes hold themselves out as a Father’s Rights law firm, or a Mother’s Rights law firm. In many cases, this is just a marketing ploy. The frank truth is that most (if not all) law firms will be happy to accept qualified clients from both genders. It is also a truth that many years ago the law more was more beneficial to mothers with regard to parenting time and legal decision-making than fathers. Over time Arizona’s statutes have been changed so that parenting issues are gender neutral. In parenting cases, the Court is supposed to focus on the children’s best interests. Financial issues are also gender neutral under the statutes. Both wives and husbands (if eligible) can request spousal maintenance, and the law is written gender neutral in such regard. Our firm works hard to obtain the best results for our clients regardless of gender, religion, race, sexual orientation or other factors.

SPOUSAL MAINTENANCE (ALIMONY)

While there is an Pennsylvania statute regarding spousal maintenance (Pennsylvania Revised Statute Section 25-319), there are no math formulas that Pennsylvaniacourts must follow in spousal maintenance cases. Other than applying the statutory factors set forth by Pennsylvania Revised Statutes Section 25-319, the Court’s judgment regarding spousal maintenance is largely discretionary. Therefore, it is extremely beneficial to both parties meet with an experienced attorney as early in the process as possible.

PROPERTY DIVISION

As a general rule, divorced couples equally divide between them all community property and debts. There are some exceptions where such division may not be equitable.

LEGAL SEPARATION / ANNULMENT

Legal separation and annulment are two alternatives to divorce that may be options. Talk with a Chester County divorce alternative lawyer if this is an option for you and the benefits involved.

Frequently Asked Questions

DO I NEED A REASON TO FILE FOR DIVORCE?

An exception to a no fault divorce is if you have a covenant marriage. Very few people have a covenant marriage. If you had a covenant marriage, you would know it (i.e., you would have to fill out forms prior to marriage, go through counseling, and various other legal requirements). In such event, you may have to wait a period of time to get a divorce, or address facts such as domestic violence, etc.

HOW LONG WILL IT TAKE TO GET A DIVORCE?

Once the divorce petition and other documents have been served on the other party, you need only wait 60 days if you and your spouse agree on all issues or your spouse does not file an answer to your divorce petition. This can be done through a “default hearing” if the other party has not responded to the petition, or you can obtain a “consent decree” (where all terms are agreed upon) without ever having to see the judge. If you and your spouse cannot eventually agree on all issues, the only other way to obtain a divorce is through a trial. In such event, the judge makes all decisions (there is no jury in divorce cases). How long it takes to get to trial depends upon the complexity of your case and how backed up the court is. The Maricopa County judges have many cases and as a result do not provide very much time for divorce trials (i.e., most divorce trials are between two and six hours of trial time).

HOW MUCH DOES IT COST TO GET A DIVORCE?

The total fees and costs in divorce proceedings vary depending upon a number of factors. If you and your spouse agree to most or all terms, the fees and costs should be minimal. It is our belief that no matter how simple the divorce, it is always in your best interests to consult with an attorney. This does not mean that you cannot do your divorce yourself. However, many people who do not consult with attorneys may leave out certain very important provisions that can come back to haunt them later on, and cost them a great deal. A little “preventive medicine” may save you a lot of headaches in the future. McIntosh Lawyers, PC is committed to providing its clients with quality representation at a reasonable cost.

SHOULD I TALK TO A LAWYER BEFORE I FILE FOR DIVORCE AND/OR BEFORE I MOVE OUT OF THE HOUSE?

Each case is different, and many of our clients have special circumstances. Again, some “preventive medicine” may save you a lot of heartache and headaches in the future.

We serve our local communities such as West Chester, Downingtown, Kennett Square, Malvern, Exton, Philadelphia and strive to be the Top Media Divorce Lawyers. We also represent clients in criminal defense matters that result and we caused by family law matters. We are your full-service PA Divorce Attorney and offer estate planning after divorce.

Disclaimer. Any information provided is of a general nature, should be considered legal advice, and should be construed to create attorney-client relationships or guarantee our legal representation. Contact us to see if your qualify for a free consultation.