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

Tag Archives: assets

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

Cases Citing Recent Decision as to When Lawsuit Proceeds Are Marital Begin to Roll In

Posted in Divorce, Equitable Distribution

Earlier this year, Mark Ashton, a partner in our Chester County office, wrote about the Pennsylvania Supreme Court decision, Focht v. Focht. This case is significant because it overruled Pennsylvania’s prevailing caselaw addressing how to determine whether a lawsuit and personal injury settlement are marital or non-marital assets. The old law looked to the timing of when… Continue Reading

Expensive Shoe Collection Brings Divorced Couple Back to Court

Posted in Equitable Distribution

Jenice Armstrong of the Philadelphia Daily News wrote a column about Beth and Daniel Shak’s divorce. The Shaks divorce was finalized in 2009, but recently Mr. Shak filed a petition to enforce the parties’ settlement agreement and is seeking 65% of Mrs. Shak’s extensive (and expensive) shoe collection. Mr. Shak contends that this collection is an asset… Continue Reading

I CAN’T LIVE LIKE THAT

Posted in Divorce

The practice of family law is where practicality meets emotion with diverse consequences.  For some, divorce comes upon them like a changing tide; for others, it is an emotional tsunami.  People fall apart for various reasons, but the two most common are: “I like someone better,” and “I can’t live like that.” The former has to… Continue Reading

“I WANT YOU TO SHOW HOW AWFUL SHE IS”

Posted in Divorce

Divorce lies at the confluence of Character and Money; two streets that don’t intersect snugly. Time and again, as lawyers we are asked to “expose” the character of the other spouse so the Court may fully appreciate what a lowlife you chose as your life partner.  Read that last sentence a second time and realize its… Continue Reading

SO WHY IS IT NOT 50/50?

Posted in Equitable Distribution

At most initial interviews we listen to what clients tell us to be the history of the marriage and the asset pool we are addressing and attempt to predict an equitable distribution result.  Sometimes our predictions are very accurate; sometimes they are not.  Perhaps because they are bashful, many clients do not stop to ask… Continue Reading