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Pennsylvania Family Law Updates, Events & Useful Tips Surrounding Family Law Issues

Category Archives: Divorce

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ATTORNEY-EXPERT CONFIDENTIALITY NOW A RULE

Posted in Divorce, Practice Issues

In May I wrote about the Pennsylvania Supreme Court’s split decision (resulting in affirmation) on protecting the communication between attorneys and the experts working on their cases. This was an important decision for a number of reasons, but despite the affirmation of the lower court’s decision, the fact it was a 3-3 split with some… Continue Reading

COLLEGE SUPPORT AND THE APPARENT REVIVAL OF MILNE V. MILNE

Posted in Custody, Divorce, Support

MAZUREK v. RUSSELL   2014 Pa Super. 130 (2014) College provisions in property settlement issues have always been a source of controversy.  The typical provision calls for mutual consent “which consent shall not be unreasonably withheld”.  The language seems clear enough when pen is set to paper but when enrollment time comes the games begin as… Continue Reading

SAME-SEX MARRIAGE LEGAL IN PENNSYLVANIA

Posted in Divorce, Same Sex Marriage

This afternoon,U.S. District Judge John Jones ruled that Pennsylvania’s version of the Defense of Marriage Act banning same-sex marriage is unconstitutional. This decision, out of the Middle District of Pennsylvania, paves the way for legal, same-sex marriage in Pennsylvania. The repercussions of this decision remain to be seen, however, since there are other pending cases… Continue Reading

SECRET, SECRET, I’VE GOT A WORK-PRODUCT PROTECTED SECRET

Posted in Divorce, Equitable Distribution, Evidence, Practice Issues

Many of my cases involve the use of expert witnesses; individuals hired to review and testify about a specific issue or topic. Usually they are financial experts whose job is value a particular asset such as a business, while other experts could be psychologists conducting a custody evaluation. In other areas of law, there are… Continue Reading

SUMMARY JUDGMENT MOTIONS IN PA SAME-SEX MARRIAGE CASE MAY PROMPT EARLY DECISION FROM COURT

Posted in Divorce, Same Sex Marriage

The battle over same-sex marriage rights in Pennsylvania has been simmering since last summer when concurrent litigation was initiated in a few different judicial venues. One case was filed in the Middle District of Pennsylvania and involves as plaintiffs eleven couples, two minor children, and a widow to a long-term partner. Having had the winter… Continue Reading

MAKE APRIL 11 YOUR TAX DAY

Posted in Divorce, Practice Issues

It isn’t just the accountants who suffer in April.  Not that they garner much sympathy but lawyers who do divorce work are also afflicted by a tsunami of telephone calls that begin a couple days before April 15.  Most begin with:  “My spouse is in the driveway demanding that I sign the returns he just… Continue Reading

A PAGE TURNER OPINION FROM MONTGOMERY COUNTY REMINDS US OF WHAT IS AND ISN’T RELEVANT IN A CUSTODY CASE

Posted in Adoption, Custody, Divorce

One of the most difficult concepts for lay persons to understand in the law is the rule stating that only relevant evidence is admissible in judicial proceedings.  The concept would seem self-evident as no one would disagree with the principle that courts should not waste time considering irrelevant evidence.  But when faced with a case… Continue Reading

RULES ARE RULES: SUPERIOR COURT SLAPS COUNSEL FEES ON PARTY APPEALING HIS OWN MISTAKE

Posted in Alimony, Divorce, Equitable Distribution, Practice Issues, Prenuptial Agreements, Support

A very interesting opinion recently came down from the Pennsylvania Superior Court awarding attorney’s fees in a divorce case. This case is a non-precedential opinion, meaning it cannot be cited as establishing law on the issue, but it is emblematic of the risk one runs if you do not follow the rules. The parties, two… Continue Reading

DON’T MISS THE BUS: SEPARATED PARENTS ENTITLED TO MULTIPLE RESIDENCES AND BUS STOPS FOR KIDS

Posted in Custody, Divorce, Practice Issues

Where a child will attend school is often a hotly contested issue in a custody case, however, school transportation can easily be an after-thought. After the dust clears on the custody trial, the parents simply look to the school district to bus their child to and from school; Mom’s house one day and Dad’s house… Continue Reading

NEVER DOUBT ALAN THICKE: FRESH START TAX PROGRAM IS REAL

Posted in Divorce, Equitable Distribution, Practice Issues

(Image: www.aaahighroads.com) I am sorry I doubted you, Alan Thicke Like many people, I have a healthy skepticism for infomercials or to-good-to-be-true schemes, so when I kept hearing Alan Thicke – famous for the 1980′s show “Growing Pains,” marrying a Miss World, and the real life dad to pop star Robin Thicke – pitch a… Continue Reading

SUPERIOR COURT AFFIRMS ‘TENANTS BY ENTIRETY’ AGAINST INDIVIDUAL JUDGMENTS

Posted in Divorce, Equitable Distribution, Practice Issues

Wendy Rothstein is a litigation partner in our Blue Bell office and she writes for our Pennsylvania Trial Practice Blog. Recently, Wendy highlighted a case in which the Superior Court declined to consolidate two individual judgments against a husband and wife. The bank wanted to seek the attachment of their house which is titled as… Continue Reading

DON’T HESITATE…ARBITRATE

Posted in Alimony, Custody, Divorce, Equitable Distribution, Support

One of the difficult aspects of taking a complex case to trial is not the subject matter, necessarily, but the Court’s ability to schedule several consecutive days of trial.  Due to case volume, the court administrators can rarely carve out two or more consecutive days of trial without significant advance notice and, often, direct instruction… Continue Reading

“LITERALLY” CALCULATING YOUR ODDS OF DIVORCING

Posted in Divorce

Eliana Baer, a family law attorney in our Princton, New Jersey office, recently wrote a blog post highlighting University of Pennsylvania economist Betsey Stevenson’s divorce calculator.  Ms. Stevenson’s calculator basically lets you plug in your “stats” and it generates the liklihood you’ll be divorced at some point.  It is a clever application but, as Eliana… Continue Reading

NO EMAIL – IS YOUR LAWYER OLD SCHOOL OR IRRESPONSIBLE

Posted in Adoption, Alimony, Custody, Divorce, Equitable Distribution, Practice Issues, Prenuptial Agreements, Protection from Abuse, Same Sex Marriage, Support

A South Carolina attorney was recently disciplined for failing to have an active email address. Despite characterizing herself as “retired” and not having a client in thirty years, the South Carolina Disciplinary Board still found that she “poses a substantial threat of serious harm to the public and to the administration of justice” for repeatedly… Continue Reading

“GRAY” DIVORCE AND THE ISSUES THAT CAUSE IT

Posted in Divorce, Equitable Distribution, Support, Uncategorized

The rate divorce among couples in their 50′s or older has grown so much in recent years that it has earned its own moniker: gray divorce. A recent article in the Fiscal Times by Christina Couch highlights some of the financial issues which are resulting in retired couples spitting up. Not surprisingly, they are really not any different from the reasons why any… Continue Reading