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

Category Archives: Divorce

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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 This case is a non-precedential opinion, meaning it cannot be cited as establishing law on the issue, but it is emblematic of the risk one runs if you do not follow the rules.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

THIRD CIRCUIT FINDS THAT PENNSYLVANIA’S FRAUDULENT TRANSFER STATUTE ALLOWS PUNITIVE DAMAGE AWARDS.

Posted in Divorce

In a case of first impression the United States Court of Appeals has ruled that claims for punitive damages are justiciable under Pennsylvania Uniform Fraudulent Transfer Act 12 Pa. C.S. 5104. In so holding, the Court has predicted Pennsylvania state courts would decide that a plaintiff could claim punitive damages under Section 5107 of the… Continue Reading

Money, money, money

Posted in Divorce, Equitable Distribution

I heard a commentator on the radio this morning talking about how “financial infidelity” (or secret spending) can ruin a relationship.  You’ve probably heard that money is one of top reasons people get divorced.  So, what can you do to prevent money from ruining your marriage?  I think it starts before you get married.  Have… Continue Reading

DOMA is Unconstitutional

Posted in Divorce, Same Sex Marriage

The United States Supreme Court issued their decision on gay marriage earlier today.  The Court ruled on California’s Proposition 8 ban on gay marriage and the 1996 federal Defense of Marriage Act (“DOMA”), which denied federal benefits to lawfully married same-sex couples, finding that DOMA is unconstitutional and sending Proposition 8 back to California. The… Continue Reading

NEW YORK CHANGING THE RULES AGAIN?

Posted in Divorce

A bill was introduced earlier this week in New York that would make further changes to the state’s divorce laws. These changes are interesting in contrast to the current statutes and precedent in Pennsylvania.  One of the more interesting changes is that, if passed, the bill would do away with the longstanding precedent that, in New… Continue Reading

IS IT A MINI-BUBBLE AND WHY IT MATTERS.

Posted in Divorce

  If you have been reading or listening to the news in the past thirty days, the big economic news is that the bond market has gone to hell and mortgage rates are on the rise.  The mortgage change began in February but then just as quickly lost speed as March turned into April.  But… Continue Reading