When I started to write for this blog a few years ago I promised myself that this was not going to become some kind of personal journal. I had seen
Practice Issues
Delaware Court Case Offers Criteria for Awarding Child Tax Exemptions Among Parents
The allocation of child tax dependency exemptions is a topic of discussion among our clients on a frequent basis. While the guidelines issued by the I.R.S. dictate who is eligible …
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Cohabitation and Unmarried Couples – Practical Tips (Part 2/2)
Last month we discussed a few issues that couples should consider when they begin to live together, but don’t plan to or anticipate getting married very soon. This month, we will look at some other important life decisions which may have a huge impact on people’s lives and relationships:Continue Reading Cohabitation and Unmarried Couples – Practical Tips (Part 2/2)
Cohabitation and Unmarried Couples – Practical Tips (Part 1/2)
As the national divorce rate for new marriages hovers around 50%, couples living together before marriage or in lieu of marriage is an increasingly routine arrangement. Media coverage has played a part by confirming what many people knew anecdotally: that people are choosing to live together as a committed couple without ever getting married.
What is also increasing in frequency and necessity is for cohabitating couples to be proactive in laying the legal groundwork for how they plan to live together, acquire or pay for assets, and how they should disentangle themselves from such arrangements in the event that they break-up. It can be a difficult conversation to have – no less difficult than one party asking the other for a pre-nuptial agreement – and the introduction of real world considerations may burst the romantic bubble for some, but the risks are real and people’s lives change – the boyfriend with a steady paycheck has gone back to school and is unable to pay half the mortgage; your girlfriend can not afford her to contribute to household expenses when she loses her job; you have a child together.
The ease of cohabitation without the apparent messiness or seemingly permanence of marriage can actually create a larger quagmire of difficulty if the relationship ends. If you are considering cohabitating with your partner, there are a few things worth considering:
Continue Reading Cohabitation and Unmarried Couples – Practical Tips (Part 1/2)
ARE PERSONAL INJURY CLAIMS MARITAL PROPERTY? AN OLD QUESTION REVISITED?
In a case decided late last year the Pennsylvania Supreme Court visited an old and persistently nagging question. Are personal injury settlements marital property where the injury occurred before separation but the trial or settlement of the claim occurred afterward?
In Focht v. Focht, the husband was injured at a raceway in Leesport, PA in April, 1999. He and his wife retained counsel shortly after the injury with the wife raising a claim for loss of the consortium of her husband (i.e, his services as a spouse). A divorce action was initiated in early 2004. The personal injury cases ultimately settled later that year for a gross value just over $400,000.
Continue Reading ARE PERSONAL INJURY CLAIMS MARITAL PROPERTY? AN OLD QUESTION REVISITED?
Social Media Follow-Up
Here’s an interesting article that follows up my recent blog on Facebook:
http://allthingsd.com/20120208/you-know-who-really-loves-smartphones-divorce-lawyers/Continue Reading Social Media Follow-Up
Decision Fatigue
In August 2011, an article was published in the New York Times about “decision fatigue.” John Tierney, a frequent columnist for the Times, describes a series of studies examining …
SUPERIOR COURT CLARIFIES WHAT MATERIAL CAN BE SECURED FROM AN EXPERT WITNESS FILE
As lawyers we are commonly asked to forecast judicial outcomes. What will a court do given a stated set of facts? Of course, it is rare for facts to be …
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EBLASTER APPEARS TO GET BLASTED IN A DELAWARE COUNTY CASE
We tend to think that the use of computer software available on the internet could not possibly result in criminal charges brought against the party using it. But on Friday …
Continue Reading EBLASTER APPEARS TO GET BLASTED IN A DELAWARE COUNTY CASE
ARE TEXT MESSAGES ADMISSIBLE AS EVIDENCE
A recent Superior Court decision in a criminal law setting may have broad implications for civil cases as well, including those decided in family law settings. In Commonwealth v, Koch, …