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Family Law Services

Unlike other kinds of legal disputes, divorce is very personal. There are many issues related to a divorce that will affect you long after the divorce is finalized. We help clients deal with the stress and pain of the divorce process and with their anxiety about the future by encouraging them to eliminate non-essential conflicts. Our lawyers have found that having clients focus on the central issues reduces tension and allows our clients to “move on with their lives” with a positive outlook for the future.

Litigation of custody, support, and property disputes is not the only answer, and in fact litigation should only be used as a last resort. Although our family law attorneys perform divorce litigation when reasonable agreements are unachievable, we work hard to limit your costs, both financial and emotional, by exploring resolution of your disputes outside of court. Resolving your disputes outside of family court also allows you to maintain control of the process and the terms of your agreements, rather than turning over control of your family’s future to the courts, who know very little about your circumstances.

Our lawyers are also experienced litigators. Many divorce case settle, but we always prepare for litigation. We feel that by being prepared to present the best case possible for you at trial, we can encourage successful settlements.

With approximately fifty-five percent of all marriages ending in divorce, and more than half of all children residing in single parent families, family law issues impact more individuals than probably any other area of the law. At Miller Law Offices, we serve clients throughout Chester, Delaware and Montgomery Counties, who are seeking effective solutions to complex family matters. Our office assists clients in all aspects of the law relating to the needs of today’s families, including: Divorce and annulment; Distribution of marital assets and debts; Spousal support and alimony; Prenuptials and Property Settlement Agreements; Child support; Child custody; Adoption; Termination of Parental Rights; Paternity.

”Divorce
For most families, the decision to divorce opens the door to several difficult issues that must be resolved. Whether through mediation, negotiation, or litigation, we will work with you and your family members to achieve fair and favorable arrangements on tough issues, while always protecting your rights, interests, and goals. Our law office guide clients to settlements in simple divorce matters, in complex property settlements, and through mutually determined agreements reached in divorce cases.

If an individual gets married as a result of fraud or duress then Pennsylvania Law allows for an annulment of the marriage which treats the marriage as if it never even happened. The grounds for an annulment are separate and distinct from a divorce and annulment is limited to a very narrow set of factors in determining if an annulment is a viable option for the party seeking one.

We will work effectively to bring your case to a resolution. Some cases are settled in 90 days, others can take longer, depending on the size of the marital estate and the desire of the parties to resolve their conflict.

”Division
Our law office handles many different types of divorce cases, from un-contested divorces involving few assets to divorces with many complex property issues such as a privately owned business by one of the parties. As a small law firm, we work with each client as an individual and flexibly tailor our services to meet your needs. We are committed to finding the best solutions for our clients.

One of the most prominent concerns for individuals facing a divorce is the protection of their assets and their future financial security. We will work to uncover any hidden assets and assist you with the complicated division of retirement accounts, employment related benefits, business valuation, stocks, and savings. We routinely work with experts including business valuation experts, pension valuators, and forensic accountants to protect your investments and assets during and after a divorce proceeding. It is our primary objective to see your interests protected and your future secured.

”Alimony
When spouses separate, the financial situation of the household is usually significantly affected. While child support orders can address the financial needs of the children, the predicament of a non-working spouse or a spouse with a reduced income must also be considered. At Miller Law Offices we handle all aspects of family law and work with our clients to establish fair spousal support and child support agreements.

Pennsylvania family law allows for payments to be made to a spouse upon separation, prior to the filing of a divorce complaint. This is called spousal support. Spousal support in Pennsylvania is usually not available if the two parties continue to live under the same roof. However, if one party can prove that the other is not contributing to the household expenses, spousal support may be collected. In Pennsylvania the spouse who has to pay support has the right to an entitlement defense to the payment of spousal support, if the spouse receiving support has committed one of the fault-based grounds for divorce. There is no defined length of time that spousal support must be paid. Spousal support is paid until the divorce decree is filed.

Another option in Pennsylvania, once a divorce complaint has been filed is alimony pendente lite (APL) (alimony pending the litigation). Spousal support and APL are calculated using the same formula and is determined according to the parties earnings and/or earning capacities.

The purpose for APL in Pennsylvania is to “level the playing field” financially which would permit both spouses to move forward with the divorce action without one party using his/her economic resources to the detriment of the dependent spouse.

Alimony is available to spouses who will need additional funds to meet their reasonable needs; to get them back on their feet financially, to the point that they can financially provide for themselves. In determining the amount of alimony and the length of time alimony will be paid, the courts will evaluate 17 factors when deciding if alimony should be awarded, how much and for how long.

”Prenuptial
At Miller Law Offices we have prepared many prenuptial agreements which protect assets/property which one party brings into the marriage. Prenuptial agreements can be simple or complex depending what the needs of our clients are. Especially for individuals entering into a marriage for a second or subsequent time prenuptial agreements are an effective method of ensuring that the assets/property of a client remain their property which they than can chose to distribute to their heirs as they deem appropriate.

”Child
When dealing with child custody or visitation, our clients appreciate the caring and supportive atmosphere that we provide to families along with our legal ability and experience. When deciding issues regarding child custody, the courts in Pennsylvania need to determine what’s in the “best interests of the child”. Courts will consider many factors including the age of the children; whether one parent was the “nurturing parent”; the mental and physical health of the parents, the relationship between the child and their parents, the relationship between the parents and their ability to communicate effectively on behalf of the children.

”Termination
The parental rights to a child can be voluntarily terminated by agreement of the parents, or, can be involuntarily terminated if a parent meets the statutory criteria to be considered to have abandoned their parental duties or have abused their children. The parent seeking involuntary termination of parental rights of the other parent has a heavy burden to prove that the other parent has abandoned or abused their children. At Miller Law Offices we have successfully litigated involuntary termination of parental right’s and are prepared to pursue this option for you should the facts of your case meet the statutory criteria. Contact our firm for more information on prenuptial agreements.

”Adoption
Our attorneys have handled many adoption/step-parent adoptions and we will work to quickly and efficiently sever the rights of a birth parent through voluntary consent, or a petition to involuntarily terminate parental rights of the other parent. After the parental rights of the birth parent have been terminated, we will formally proceed in an adoption by the step-parent. When you make this transition, you want an attorney you can trust to secure this important legal decision for your family. Contact our firm for more information on the step-parent adoption process.

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