Divorce Lawyer Montgomery County

McIntosh Lawyers, PC is a law firm founded by Joe McIntosh, Esquire is an experienced divorce lawyer serving Montgomery County Pennsylvania providing quality legal representation with over 25 years of experience as a divorce attorney handling all aspects of family law including; child support, child custody, alimony, spousal support, domestic violence, and property division.

Every divorce case is unique and that is why you need an experienced family law attorney that has tried cases in Montgomery County, Pennsylvania. As a practicing Montgomery County Divorce Lawyer, I have litigated every aspect of the divorce process. As a result of my education, training, and courtroom experience; I will provide the legal counsel necessary to guide you through the divorce process and provide the answers you need for your family law case.

Our law office only represents clients in family cases therefore, we have the experience to identify the legal issues in your divorce case. Our law office attends continuing legal education classes throughout the year to stay current with issues in divorce law.

As a family lawyer, I personally handled and tried everything from no assets uncontested divorces to high net worth litigated and contested divorces with significant marital property to divide. Frequently, I am retained to litigate if there was a legal separation between the parties because of the impact it has on property division.

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.

You will be provided with copies of all Court Orders and all documentation in the divorce proceedings. The content and meaning will be explained so that you have a thorough understanding.

Although Pennsylvania is a no-fault divorce state, I do represent clients in fault divorces because fault is a factor in the awarding of alimony however, fault does not impact property division.

Our law firm serves our local communities such as Norristown, King of Prussia, Conshohocken, Collegeville, Jenkintown, Pottstown and strives to be the Top Montgomery County Pennsylvania Divorce Lawyers. We also represent clients out of state in Maryland, Houston, Texas, and clients outside the United States.

Equitable Distribution and Marital Property Division

Equitable distribution is the process in which marital property is equitably divided among the parties. Generally speaking, marital property is all property acquired from the date of marriage to the date of separation with certain exceptions. The following are examples of marital property:

1. All property acquired by either party during the marriage, no matter whose name the property is in.

2. The increase in value, until the date of final separation, of non-marital property acquired by gift or inheritance.

3. The increase in value of property owned prior to the marriage or property acquired in exchange for property owned prior to the marriage until the date of final separation.

The following are examples of non-marital property:

1. Property acquired before marriage or property exchanged for premarital property.

2. Property excluded by agreement.

3. Property acquired by gift, except between spouses or inheritance.

4. Property acquired after final separation, except where there has been an exchange for marital property.

5. Property which has been sold, conveyed or otherwise disposed of in good faith and for value prior to the date of separation.

6. Certain veterans’ benefits.

7. Property to the extent that it has been mortgaged or encumbered in good faith and for value, prior to the date of final separation.

8. Payments received as a result of an award or settlement for a cause of action which occurred before the marriage or after the date of final separation.

Equitable Distribution and Marital Property Division factors the Court must consider:

In an action for divorce or annulment, the court shall, upon request of either party, equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such proportions and in such manner as the court deems just after considering all relevant factors including:

(1) The length of the marriage.

(2) Any prior marriage of either party.

(3) The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties.

(4) The contribution by one party to the education, training or increased earning power of the other party.

(5) The opportunity of each party for future acquisitions of capital assets and income.

(6) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.

(7) The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker.

(8) The value of the property set apart to each party.

(9) The standard of living of the parties established during the marriage.

(10) The economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective.

(11) Whether the party will be serving as the custodian of any dependent minor children.

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 probate of Wills and estate planning after divorce. Although we do not represent clients in personal injury cases, we can refer you to a qualified professional.

Alimony Factors

In determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors, including:

(1) The relative earnings and earning capacities of the parties.

(2) The ages and the physical, mental and emotional conditions of the parties.

(3) The sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits.

(4) The expectancies and inheritances of the parties.

(5) The duration of the marriage.

(6) The contribution by one party to the education, training or increased earning power of the other party.

(7) The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.

(8) The standard of living of the parties established during the marriage.

(9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.

(10) The relative assets and liabilities of the parties.

(11) The property brought to the marriage by either party.

(12) The contribution of a spouse as a homemaker.

(13) The relative needs of the parties.

(14) The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in the determinations relative to alimony, except that the court shall consider the abuse of one party by the other party . . . . (as defined under Protection from Abuse Act)

(15) The Federal, State, and local tax ramifications of the alimony award.

(16) Whether the party seeking alimony lacks sufficient property, including, but not limited to,. property distributed under Chapter 35 (relating to property rights), to provide for the party’s reasonable needs.

(17) Whether the party seeking alimony is incapable of self-support through appropriate employment.

See 23 Pa.C.S.A. §3701

Child Custody Factors the Court Considers

(a)  In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving weighted consideration to those factors which affect the safety of the child, including the following:

(1)  Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.

(2)  The present and past abuse committed by a party or member of the party’s household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.

(2.1)  The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).

(3)  The parental duties performed by each party on behalf of the child.

(4)  The need for stability and continuity in the child’s education, family life and community life.

(5)  The availability of extended family.

(6)  The child’s sibling relationships.

(7)  The well-reasoned preference of the child, based on the child’s maturity and judgment.

(8)  The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.

(9)  Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.

(10)  Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.

(11)  The proximity of the residences of the parties.

(12)  Each party’s availability to care for the child or ability to make appropriate child-care arrangements.

(13)  The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.

(14)  The history of drug or alcohol abuse of a party or member of a party’s household.

(15)  The mental and physical condition of a party or member of a party’s household.

(16)  Any other relevant factor.

We are members of the Montgomery County, Delaware County and Chester County Bar Associations and members of the Family Law Section of the Bar Association.

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. Check out our website under resources for FAQ. Contact us to see if your qualify for a free consultation.