Divorce

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 the proceeds were received as determinative of whether or not it was subject to equitable distribution. The Focht decision established that it was when the cause of action accrues which determines whether the eventual settlement proceeds or judgment are marital assets or not.

This decision was recently cited in the July denial of an appeal from a Northumberland County decision, Glosek v. Glosek, CV-2005-1695. Continue Reading Cases Citing Recent Decision as to When Lawsuit Proceeds Are Marital Begin to Roll In

The Wall Street Journal recently ran an online and print article by Elizabeth Bernstein discussing a study which identified the five main reasons why people get divorced. The article and study look to divorced people to develop the common themes of their unsuccessful marriages.

While the article is designed to offer tips on how couples can stay together, I also found a few of the points instructive to individuals on surviving their divorce litigation:

 Continue Reading Advice to Married Couples Works for Divorcing Couples, Too