Recent Blog Posts

Is Mediation Right for Your York or Harrisburg Divorce?

Attorney Tim Colgan — Wed, 12 Oct 2011 17:12:00 GMT

Five Things That Will Help You Decide

So often after parties move through family law litigation we hear comments such as, "If only we could have sat down and discussed things face to face, we could have worked out so much of this." Mediation offers the option for parties to do just that - with help. A mediator will work with the parties to (a) specify concerns; (b) gather information; (c) identify the needs, interests and goals of the parties; and (d) then help them identify options for resolution.

By involving a mediator, parties can often keep discussions on track and proceed in a productive way that they could not manage if they attempted to address those same matters on their own. When there isn't a "referee" at the table, divorcing couples or parents dealing with custody issues often can't help but slip back into their old ways of dealing with disputes, which leads to gradually ratcheting up emotions to the point that the talks break down.

Here are five ways to assess whether mediation is right for your situation:

1. You want to preserve a civil relationship with your spouse after divorce. The reality is that for most divorcing couples, the divorce experience changes their relationship – it doesn't end it. This is true for divorcing couples with children as well as those who have mutual friends or may have common business interests. Mediation allows couples to work through their differences in a respectful manner so the future relationship is preserved.

2. You want to achieve a fair resolution. When both of you are interested in achieving a fair resolution, mediation is a great alternative to traditional litigation where the result is unpredictable and often very unsatisfactory for all parties.

3. You want to control the cost of the process. Mediation is often far less expensive that other process choices related to divorce and custody proceedings. For example, in mediation, you control how often you meet with the mediator.

4. You want to control the pace of the process. One of the greatest frustrations of traditional divorce litigation is the slow pace of the process. Agreements can be reached in a fraction of the time required in litigation because in mediation you aren't waiting for the court to tell you when you can address outstanding issues.

5. You haven't already reached agreement on all issues. One common misconception about mediation is the claim that you have to have an agreement before meeting with the mediator. Nothing could be further from the truth. In fact, the process of mediation helps guide couples to agreements that they were unable to reach on their own.

If you would like to discuss mediation in more detail, please contact me at (717) 502-5000 or tcolgan@cmlaw1.com.

Managing the Challenges of Joint Custody with Teenage Children

Tim Colgan — Wed, 15 Jun 2011 15:26:00 GMT

While divorce is always difficult, it is even more difficult when trying to manage a parenting schedule with teenage children. As children grow they become more independent and have their own commitments and social lives. Those commitments and social lives present challenges for parents who are living in the same home but those challenges are more dramatic for separated or divorced parents. Parents have to balance their own needs and desires regarding their children with the needs and interests of the children in remaining connected to their network of friends, classmates, teammates and co-workers. Often times the regimented schedules that are implemented for younger children are not feasible for teenage children. In order to manage your parenting time effectively, a willingness to be flexible is key. Additionally, a commitment to communication with your co-parent will help foster a positive relationship with your child. Children benefit when they know their parents are aligned when it comes to issues related to them. Children are keenly aware of when they are being used as a pawn in their parents' disagreements versus when their parents are truly working together to do what is best for them. Some keys to help manage co-parenting in the teenage years:

Communicate with your co-parent. Even if you disagree it's important to keep the lines of communication open.
Get input from your child on what is important to them. Children need to know they don't make the final decisions (that's the parents' job) but respecting them and asking for their input will be appreciated by them.
Be willing to compromise. If you show your co-parent that you are willing to compromise and be flexible, eventually, they will do the same for you – and most important, your child will benefit from your willingness to work together.
Ask for information. Don't assume you know the answer to why your child or your co-parent wants to arrange the schedule in a particular way. Ask questions to understand their goal. In doing this many more options and solutions are opened up and you increase the chances of reaching everyone's goals.

Selecting the right lawyer and the right process is critical in establishing, maintaining and growing your co-parenting relationship and your relationship with your teenage child. In Harrisburg and York, parents can choose the Collaborative Law process for this purpose. In Collaborative Law, the parents work together to create fair solutions for the benefit of all involved. The Collaborative Law process works for families because at its root is the understanding that a divorce if often more about the restructuring of relationships than the end of those relationships.

Collaborative Professionals of Central Pennsylvania (CPCP) to Welcome Liz Ferris on March 24, 2011

Tim Colgan — Sat, 12 Mar 2011 18:51:00 GMT

The Collaborative Professionals of Central Pennsylvania (CPCP) are pleased to welcome Liz Ferris of Ferris Consulting on March 24, 2011. Ferris works with Collaborative professionals and Collaborative practice groups to help spread the word about Collaborative practice. Collaborative practice allows families facing issues of divorce, child custody and related issues to reach resolution and closure without the financial and emotional fallout normally associated with divorce. In the Collaborative process, families maintain control of the outcome of their situation and make their own decisions with the assistance of trained professionals. The process works well for families and divorcing spouses who desire fair agreements while at the same time preserving ongoing relationships for the future for the benefit of their children.

Colgan to Present at York County Collaborative Information Night

Tim Colgan — Sat, 12 Mar 2011 18:46:00 GMT

Colgan & Associates attorney Tim Colgan will participate in a panel presentation to lawyers, financial professionals, mental health professionals and real estate professionals on March 30, 2011 at the York County Bar Center. The informational presentation is designed to introduce professionals who work with divorcing families to the Collaborative process. The process works well for divorcing spouses who are interested in reaching fair agreements that bring closure and help minimize the financial fallout normally associated with divorce.

Unique Divorce Practice All About the Children

Tim Colgan — Tue, 18 Jan 2011 14:05:00 GMT

Here is a story about Collaborative practice in Alberta, Canada from the St. Albert Gazette. Explaining why Collaborative is so powerful, Sara Peacock, a St. Albert based lawyer offers, "I think for children, the preservation of relationships is the absolute biggest benefit. It allows the parents to preserve their relationship, to co-parent."

To read the entire article, go to:

http://www.stalbertgazette.com/article/20110115/SAG0801/301159973/-1/sag0801/unique-divorce-practice-all-about-the-children

For more information about Collaborative practice in Pennsylvania, contact Timothy J. Colgan, Esquire at Colgan Marzzacco, LLC (www.cm-familylaw.com).

Collaborative Practice Is Worldwide!

Tim Colgan — Sat, 08 Jan 2011 14:39:00 GMT

Did you know that there are more than 30,000 Collaborative professionals in 24 countries? These professionals are committed to helping individuals and organizations reach fair agreements while preserving ongoing relationships. Attorney Tim Colgan and Attorney Tom Clark of Colgan Marzzacco are Collaborative professionals who help families dealing with separation or divorce reach closure without the financial and emotional expense normally associated with traditional divorce and separation.

Valuation of Investment or Vacation Real Estate in Divorce

Tim Colgan — Tue, 26 Oct 2010 13:57:00 GMT

Valuation of an investment property or vacation home may be different than a standard market valuation approach for traditional residential real estate.

There are three primary approaches to real estate valuation: the market approach, the income approach and the cost approach. The market approach assesses the value of the property by reviewing sales of comparable properties in geographic proximity to the subject property. The cost approach considers the cost to construct a similar property. The income approach values the property for a given rate of return in light of the operating expenses associated with the property.

An investment property or vacation home that is rented when not being used by the owner, might be appropriately valued using the income approach to valuation as opposed to the more commonly used market approach used for residential properties. The income approach considers the gross rent the property generates and subtracts the operating expenses associated with the property. That "net operating income" is then divided by the rate of return an owner would expect to receive for such an investment. Therefore, a property that generates $32,000.00 in gross rent and has operating expenses of $12,000.00 has net operating income of $20,000.00. If the expected rate of return is 8%, the property value is $250,000.00. This may significantly different than the market approach valuation but may be a more accurate reflection of the value of the property if it is likely to be used as an investment property.

Colgan to Present Advanced Family Law Seminar

Tim Colgan — Thu, 01 Jul 2010 14:10:00 GMT

Colgan Marzzacco Attorney Timothy J. Colgan will present an Advanced Family Law Seminar for the National Business Institute (NBI) on November 9, 2010 in Allentown, PA. Colgan's presentation will focus on complex asset cases in divorce and on advanced child support and spousal support issues.

Colgan Speaks to Pennsylvania Psychological Association

Tim Colgan — Thu, 01 Jul 2010 14:01:00 GMT

On June 16, 2010, Colgan Marzzacco Attorney Timothy J. Colgan delivered a continuing education presentation to the Pennsylvania Psychological Association's Annual Meeting in Harrisburg, PA. The presentation focused on the Collaborative method for resolving family law matters involving divorce, custody and support. Colgan previously presented to the Pennsylvania Psychological Association at their March 2009 Continuing Education Conference and in June 2009 at their Annual Meeting.

At What Age Can a Child Choose?

Tim Colgan — Thu, 22 Apr 2010 19:26:00 GMT

In Pennsylvania, there is no age at which a child may choose with which parent to live. A child's preference is admissible in custody proceedings but the judge must decide how much weight to give to a child's preference. A child's preference based upon sound, mature reasons for selecting one parent over another is likely to be given greater weight than the preference of a child based upon momentary whim or impulse. The Pennsylvania Superior Court stated, "The weight to be accorded a child’s preference varies with the age, maturity and intelligence of that child, together with the reasons given for the preference. Moreover, as children grow older, more weight must be given to the preference of the child." Wheeler v. Mazur, 793 A.2d 929 (Pa. Super. 2002).

Pennsylvania Child Support Guidelines Change in May 2010

Tim Colgan — Sun, 28 Feb 2010 18:52:00 GMT

In May 2010, changes to the Pennsylvania Child Support Guidelines take effect. The changes to the Guidelines are based upon Federal law and Federal regulations which require that each state have child support guidelines and that those guidelines are reviewed and updated at least once every four years. The review is to incorporate the most recent economic data on child-rearing costs and data from case files. Pennsylvania's support schedule is based upon child-rearing expenditures measured by David M. Betson, Ph.D., Professor of Economics at the University of Notre Dame. As with the current Guidelines, important factors in determining the correct amount of child support include the incomes of each parent, the cost of child care and the cost of health insurance for the children.

We encourage you to meet with a Child Support Attorney at Colgan Marzzacco before filing to modify child support through Domestic Relations. Many times clients file for modifications and are surprised when they receive an unexpected increase or decrease after their conference with Domestic Relations. If you meet with a Child Support Lawyer at Colgan Marzzacco we will answer all your questions and help you make an informed decision about whether to seek a modification through Domestic Relations.

Through the end of May 2010, Colgan Marzzacco will offer a 20% discount off of the regular cost of child support reviews and recalculations. Please contact a Family Law Attorney at Colgan Marzzacco today to schedule your review.

DIVORCE: Tying Up The Loose Ends

Thomas M. Clark — Mon, 22 Feb 2010 21:11:00 GMT

In a good deal of cases, the day someone receives a Divorce Decree represents closure to a significant period of their life. Some people are sad, and some are happy to be receiving a fresh start. The problem is, all too often once a recently divorced person is too quick to put the matter behind them and to turn the page without completing some important final steps.

We have identified areas of interest that a recently divorced person may overlook once the Divorce matter is concluded. The following are important tips to remember:

Even if you currently have a Will, have a new Will drafted that reflects your new status. Any provisions made for your former spouse in a Will drafted prior to your divorce may still be valid even though the final result might not reflect your true desire.
Consistent with the terms of your divorce, c ontact each of your insurance companies or their agents, including, but not limited to, life, household, automobile, fire, casualty or liability insurance, to make sure that coverage and beneficiaries are appropriate. Consistent with the terms of your divorce, r emove your former spouse's name from any jointly held assets or debts such as bank accounts and credit cards.
Check with your employer and/or accountant to determine any appropriate changes to your income tax withholding given your new status.
Consistent with the terms of your divorce, c heck the beneficiary designation on any retirement account you may have. A divorce may not automatically change a beneficiary designation on a retirement account. The best thing to do is to check the beneficiary designations on assets such as these and make the appropriate changes.
The same caution applies to any life insurance polices that you have. Consistent with the terms of your divorce, check the beneficiary designations to be sure they reflect your desires.

For more information, please contact a Pennsylvania Divorce Lawyer at Colgan Marzzacco, LLC at 800-615-0115 for a free telephone consultation. A Pennsylvania Divorce Attorney at Colgan Marzzacco, LLC is available to answer your questions regarding equitable distribution or any other matter of relating to a family law case.

Marital Misconduct and your Divorce

Thomas M. Clark, Esq. — Mon, 15 Feb 2010 19:40:00 GMT

The rule in Pennsylvania is that the determination of the equitable division, distribution or assignment of the marital property in a divorce must be made without regard to marital misconduct (23 Pa.C.S. §3502(a)). In divorces, the Court is called upon to make an equitable division of the marital property and the Court must consider only the relevant factors that have been specifically outlined by the law. The law allows the Court great flexibility in adjusting the property awards to reflect various factors and can also use discretion as to how much weight to give each factor. However, the Court can not consider the marital misconduct of either party when awarding an equitable division of property.

It should be noted that marital misconduct may be considered in an award of alimony (23 Pa.C.S.A. §3701(b)(14)).

For more information, please contact a Pennsylvania Divorce Lawyer at Colgan Marzzacco, LLC at 800-615-0115 for a free telephone consultation. A Pennsylvania Divorce Attorney at Colgan Marzzacco, LLC is available to answer your questions regarding equitable distribution or any other matter of relating to a family law case.

What is Legal Custody in Pennsylvania?

Tim Colgan — Fri, 05 Feb 2010 15:40:00 GMT

"Legal Custody" refers to a parent's right to share in decisions of major importance in the life of their minor child. Decisions that relate to the school a child will attend, medical care of a child and decisions about religion are all examples of Legal Custody issues. Legal Custody is different from Physical Custody. Physical Custody is the actual physical possession and control of a minor child. A parent can have limited or no rights of Physical Custody and still share Legal Custody.

For more information, please contact a Pennsylvania Custody Lawyer at Colgan Marzzacco, LLC at 800-615-0115 for a free telephone consultation. A Pennsylvania Custody Attorney at Colgan Marzzacco, LLC is available to answer your questions regarding custody or any other matter of relating to a family law case.

Can One Attorney Represent Both Parties in a Divorce?

Tim Colgan — Thu, 21 Jan 2010 16:01:00 GMT

Many people want to know if they can hire one attorney to represent them both in a divorce action. On the surface, it may seem as though there would be no problem with this in situations where the parties are on relatively good terms and have worked out many of their issues between them. Unfortunately, though, this issue is more complex than it may seem on the surface. As a result, a lawyer cannot represent both parties in a divorce. This situation presents an inherent conflict of interest. This problem is best illustrated by an example:

"A Husband and Wife have decided to divorce and have agreed to the terms of the division of their property. In their conversations, they have agreed that Husband will stay in their house and refinance it when he is able. No time frame is established for the refinance. Husband really wants the house and is unable to refinance now because of poor credit."

If one attorney were trying to represent both spouses in this case, he or she would be caught in an impossible quandary. If the attorney explained to Wife that this deal would make it impossible for her to get financing for a new home she might reconsider the deal thereby angering Husband. If the attorney advises Husband that if he goes through with this deal that he would in essence become a real estate "partner" with his Wife following the divorce and that she could force the liquidation and sale of the property, he may change his mind about the deal, thereby angering Wife.

This is just one example of how trying to serve as one attorney for two parties with differing interests is not possible or ethical. There are options for spouses who are on relatively good terms and want to manage the cost of their divorce. Mediation allows the parties to work with one another to resolve their differences with the help of a neutral third party.

For more information, contact Colgan Marzzacco today to schedule a free telephone consultation with one of our Family Law attorneys or Mediators.