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During a divorce, one household becomes two. This requires dividing all marital assets between the spouses. The outcome of the property division process can have long-reaching consequences on each party’s economic well-being.

If you are going through a divorce, or thinking about filing for divorce, make sure you speak with experienced attorneys who can protect your property interests throughout the process. Contact Ramsay & Ramsay, PC, in West Chester for help.

2. DIVISION OF ASSETS

During a divorce, all marital property must be divided. This involves a two-step process:

First, all marital assets must be identified and valued.

In general, marital property includes all items acquired during the marriage with the exception of gifts and inheritances. The value of each property is the fair market value, or what the property could be sold for in an arms-length transaction.

Second, properties must be divided between the spouses.

In Pennsylvania, marital property is divided based on the principle of equitable distribution. This does not mean property is divided 50-50. Instead, the court evaluates 11 factors and divides property based on what it determines to be most fair. The 11 factors include items such as:

• The length of the marriage
• The age, health, income and employability of each spouse
• The marital standard of living
• The contributions each spouse made to the marriage
• Custody arrangements

While guiding you through your divorce, Ramsay & Ramsay, PC, has one goal: to help you leave your marriage in the most financially secure manner possible.

Family law attorneys Tom and Marissa Ramsay carefully examine all assets to accurately classify them as marital or non-marital.  The attorney then work diligently to make certain that each asset is valued accurately.. Once that has been accomplished, they will then work with you to negotiate a property settlement agreement to ensure that you receive your fair share of the marital assets. If an agreement cannot be reached, they will zealously advocate for your interests in court.

3. PROTECT YOUR PROPERTY RIGHTS. CALL 610-235-4000.

For more information about equitable distribution of property, call Ramsay & Ramsay, PC, at 610-235-4000 or contact the firm online.

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FACTS ABOUT DRUG COURT

Drug Court is a court-supervised treatment program for nonviolent offenders with a drug or alcohol addiction who have drug charges, or DUI and drug charges in Chester County. Like all of the other treatment programs in Chester County, Drug Court is a voluntary program and, upon successful completion, will permit the dismissal and expungement of charges. Unlike the other treatment programs, however, Drug Court participants are required to make frequent court appearances, submit to random drug tests and participate in drug and alcohol treatment. Participants who exhibit compliant behavior are rewarded. Participants who are not compliant may be placed into custody, moved back to the previous phase and may be ultimately removed from the program.

Participants should expect to be in the program for a minimum of 12 months and a maximum of two years. The length of time depends on how well each individual progresses through the four phases as outlined below. To move from phase to phase, participants must be in compliance with their individual requirements and remain clean for 90 days.

REQUIREMENTS TO APPLY

The minimum requirements to apply for the Drug Court program are:

• You must be charged with a drug offense or first DUI and drug offense.
• You must have a drug addiction problem.
• You must not be currently on probation or parole.
• You may not have a record for any crime of violence.
• You must be legally residing in the United States.
• You must agree to waive your right to a Preliminary Hearing.
• You must follow instructions of the Bail Investigator.

In addition to the requirements above, you will be required to complete a Drug Court application, an Application for the Accelerated Rehabilitative Disposition (ARD) Program (for DUI cases), and a drug and alcohol assessment.

PHASES OF DRUG COURT

Drug Court is a four-phase program that lasts for a minimum of one year. Participants will graduate from phase to phase after 90 days and if they have successfully completed all requirements for each phase and the general Drug Court requirements as outlined below.

PHASE 1

• Concept: Recovery and Responsibility to Self
• Requirements:
  • Report to PO weekly
  • Drug Court attendance every one to three weeks
  • Random urine tests
  • Drug and alcohol treatment
  • Regular attendance at self-help sobriety group
  • Start seeking employment or vocational training

PHASE 2

• Concept: Maintenance of Recovery and Responsibility to Others
• Requirements:
  • Report to PO every other week
  • Drug Court attendance every three to four weeks
  • Random urine tests
  • Drug and alcohol treatment
  • Regular attendance at self-help sobriety group
  • Start seeking employment or vocational training
  • Actively paying restitution, court fees or treatment costs

PHASE 3

• Concept: Reinforce a Clean, Sober and Legal Lifestyle
• Requirements:
  • Report to PO monthly
  • Drug Court attendance every four to six weeks
  • Random urine tests
  • Follow treatment plan
  • Maintain employment or approved use of time
  • Actively paying restitution, court fees or treatment costs
  • Complete Phase 3 Project

PHASE 4

• Concept: Relapse Prevention
• Requirements:
  • Report to PO as directed
  • Drug Court attendance if required by the judge
  • Random urine tests
  • Follow treatment plan
  • Maintain employment or approved use of time
  • Participate in Drug Court Support Group

DRUG TESTING

While in the first three phases, you will be assigned a designated color and number for drug-testing purposes. Random drug testing is one of the most important aspects of Drug Court and must be taken seriously.

PROCEDURE

• Call the testing hotline at 610-344-4455 each day, Sunday through Friday between 9:00 pm and 7:30 am.
• Listen for the color/number that is being tested.
• If your color/number is being tested – you must report to Adult Probation between 8:00 am and 4:00 pm the following day for a drug test.
  • On Saturday test days, you will report to Human Services at 520 East Lancaster Ave in Downingtown, Pennsylvania, between 8:00 am and 10:30 am.

SANCTIONS

You will be sanctioned for missing a random test, diluting or adulterating samples or attempting to submit fake urine as follows:

• First missed: 24 hours incarceration
• Second missed: 72 hours incarceration
• Third missed: one week incarceration
• Fourth missed: removal from the program

• Diluting/Adulterating: counted as a positive
• Submitting a fake urine sample: prosecuted for “Furnishing a Drug-Free Urine”

PROHIBITED

The program prohibits use of the following medications because they interfere with drug testing and can result in unwanted positive tests:

• Barbiturates
• Benzodiazepines such as Ativan, Klonopin, Valium, Xanax,  etc.
• Muscle relaxers such as Flexeril
• Narcotic pain medication such as Darvocet, Oxycontin, Percocet,  etc.
• Sleep Aids such as Ambien or Soma
• Stimulants such as Adderall or Ritalin

ALTERNATIVES

You should ask your doctors and treatment providers for alternatives for the following medications that may cause a cross-reaction with drug testing:

• Clarithromycin
• Effexor
• Lamictal
• Protonix
• Sustiva
• Zantac
• Zoloft

ALCOHOL

You will be submitted to sensitive alcohol testing. Because the tests are so sensitive, you must limit your exposure to substances that contain ethyl alcohol. It is your responsibility to read product labels to determine whether products and substances you use contain ethyl alcohol. Use of the following products that contain ethyl alcohol will be considered a violation of Drug Court rules and will not be allowed as an excuse for a positive result:

• Cough syrups and other liquid medications
• Food and other ingestible products that contain ethyl alcohol
• Hand sanitizers
• Hygiene products that contain ethyl alcohol
• Mouthwash and breath strips
• Nonalcoholic beer and wine
• Solvents and lacquers

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A Driving Under the Influence charge is very serious in Pennsylvania and carries harsh penalties as outlined in this DUI Penalties chart. Pennsylvania DUI law is quite complex and is different in each county. The procedure for handling a DUI case depends on various factors such as your prior arrests, blood alcohol level, driving behavior and prescription drug use, just to name a few. DUI cases are different in Chester County, Delaware County, Montgomery County, Berks County, Bucks County and Philadelphia County. It is vitally important you immediately contact an attorney to evaluate your case and ensure your interests are properly represented.

2. FIRST-TIME OFFENDERS

If it is your first DUI, you may be eligible for Pennsylvania’s pretrial diversion program called Accelerated Rehabilitative Disposition (ARD). Individuals with a first-offense DUI will be considered for the ARD program if they have no history of prior delinquency or criminal activity, lend themselves to treatment and rehabilitation rather than punishment and who are unlikely to commit another crime. However, even if you are a first-time offender, you will not be eligible for ARD if:

• The crime involved firearms, drugs, violence, serious injury, offenses against the elderly or children, sexual offenses or a breach of the public trust;
• If an accident occurred with the offense and a third party was killed or seriously injured;
• If a person under the age of 14 was in the defendant’s car at the time of arrest;
• If the defendant has a poor driving record;
• If the defendant doesn’t waive his/her preliminary hearing;
• The District Attorney’s Office has the discretion to determine other factors that may disqualify a defendant from the ARD program;
• The judge has the final say as to whether the defendant is admitted onto the ARD program.

The eligibility requirements and application process for ARD are different in all Pennsylvania counties. The experienced attorneys at Ramsay & Ramsay can help you successfully apply for ARD in Chester County, Delaware County, Montgomery County, Berks County, Bucks County, Lancaster County and Philadelphia County. We will explain the application process, discuss your eligibility, help to ensure you are admitted into the program and you successfully complete it.

The completion of the ARD program offers the defendant many benefits:

• No need to plead guilty – the charges are held in abeyance
• Shortened driver’s license suspension
• Avoid or reduce jail time
• Reduced community service
• No criminal conviction
• Expungement of criminal record

If you have been charged with a DUI it is vitally important you contact an experienced attorney as soon as possible. Contact Ramsay & Ramsay for a free initial consultation.

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Unsafe work conditions, wet or icy floors and sidewalks, inadequate lighting or poor maintenance can all be causes of slip and fall accidents.

Falls from ladders, roofs, scaffolding, vehicles and other work areas caused 827 deaths on the job in 2011, the latest year of which the government had finalized statistics. People were also injured or killed at a variety of other premises, including private and public property, such as nursing homes.

If you or someone you know and love suffered a serious injury or death as the result of a fall contact us for a free evaluation of your case.

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If you or someone you know and love suffered a serious injury or death as the result of a fall contact us for a free evaluation of your case.

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If you were injured in a car, truck, motorcycle or bike accident, you may feel as if your entire world is coming apart. Physical pain and suffering, lost wages and large medical bills can be overwhelming.

Ramsay & Ramsay, PC, can help you put your life back together. Located in West Chester, attorneys Tom and Marissa Ramsay help accident victims throughout Chester County get the compensation they need to begin healing from their injuries. They can help you.

2. GETTING YOUR LIFE BACK AFTER AN AUTO ACCIDENT

Building a strong claim for compensation begins with getting a detailed breakdown of the accident. Tom and Marissa Ramsay do this through diligent investigation.

They begin by hearing what happened in your own words. Then they collect insurance information from you and the other party, examine all police reports and follow up with witnesses. They also work with your treating physician to gather all medical records, including hospital visits, medical evaluations and treatment plans.

Once they have a timeline of events in place and understand the full extent of your injuries, they begin a dialogue with the insurance company. If a fair settlement agreement can be negotiated, great. If not, Tom and Marissa are ready to fight for your rights in court.

Whether through negotiation and settlement, or in court, Tom and Marissa Ramsay will fight for your rights. They will vehemently pursue the compensation you need to get your life back after an accident. This includes compensation for:

• Lost wages
• Reduced earning capacity
• Current and future medical expenses
• Physical pain
• Emotional suffering
• Loss of enjoyment of life’s pleasures

They also handle wrongful death claims, helping families secure compensation after losing a loved one in a fatal accident.

3. INJURED IN A CAR ACCIDENT? CALL 610-235-4000.

After an accident, many people are surprised and disappointed by how difficult it is to work with insurance companies. Remember, your insurance company is not on your side. Its job is to protect the bottom line. To the contrary, the insurance company wants to pay their insured the least sum of money possible in order to protect their bottom line.   Accordingly, the only way to protect your interests is to work with experienced personal injury lawyers who will fight for your economic rights against the powerful insurance companies.

Get the legal help you need. Call Ramsay & Ramsay, PC, today at 610-235-4000 or contact the firm online.

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The principal issues in alimony are amount and duration. In other words, how much money per month and for how long will one spouse be obligated to pay alimony to the other spouse. Unlike child support, spousal support or APL obligations which are established pursuant to the Pennsylvania Support Guidelines, the monthly award one receives in alimony is a function of their “reasonable needs.” The length of time that one must pay alimony to their former spouse depends largely on the length of the marriage and the “rule of thumb” is that one is entitled to spousal support/ APL/alimony for one year for every three years of marriage.

The post Child And Spousal Support first appeared on Ramsay & Ramsay, PC.

Nothing is more important than time with your children. Ramsay & Ramsay, PC, located in West Chester, will help you protect your rights as a parent.

2. FINDING THE BEST SOLUTION FOR YOUR FAMILY

When custody disputes become heated, they take a toll on the entire family — including the children. Family law attorneys Tom and Marissa Ramsay understand this. When dealing with custody matters, they don’t add fuel to the fire. Instead, they work to negotiate custody arrangements out of court. This not only reduces time, cost and stress, it also helps keep you in control.

In court, a judge or master — who has little knowledge of you and your children — decides how custody is split. When parents work together to reach custody arrangements, the results are often better for everyone involved.

However, custody issues cannot always be amicably resolved out of court. When necessary, Tom and Marissa will litigate and fight for the parenting time you deserve and need to maintain strong ties with your children.

3. LEGAL AND PHYSICAL CUSTODY

Many people don’t realize there are two types of custody: physical and legal.

Physical custody has to do with where your child lives and how much time you see him/her. Physical custody can take many forms. It can be shared, meaning each parent spends significant time with the child, or one parent may have primary or sole custody while the other has partial custody.

Legal custody is your decision-making power as a parent. Courts virtually always award shared legal custody to both parents which means that each parent has the power to make decisions regarding their child’s health related, educational and religious issues.

How Custody Is Determined?

In Pennsylvania, judges make custody determinations based on the best interests of the children. This determination involves weighing a variety of factors, including:

• The current status quo — who is caring for the child now?
• Each parent’s ability to provide a safe, loving, stable living environment
• Whether there has been any domestic violence issues, or if there are alcohol or drug dependencies
• The preferences of the child
• Sibling relationships

4. SCHEDULE A CONSULTATION

If you are involved in a custody dispute, or are going through a divorce where minor children are involved, you need the advice of an experienced family law attorney. Schedule a consultation with Ramsay & Ramsay, PC, today. Call 610-235-4000.

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