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Pennsylvania Family Law Blog

Discussion of family law issues in Pennsylvania including divorce, child custody, adoption and reproduction technology related issues, and property distribution.
By Mark E. Jakubik

Post Frequency: 0.1/day

Last Entry: October 12, 2009 at 23:57:39

Texas Court Rules Gay Couple Can Divorce

Posted on October 12, 2009
A surprise court ruling from last week has heated up the gay-marriage debate in the state of Texas. A Dallas judge has permitted a gay couple, who had married in another state, to get a divorce even though Texas has banned gay marriage. Judge Tena Callahan of the Family District Court ruled in favor of the [...

Some Practical Advice About Money

Posted on October 12, 2009
There are two reasons family law will always be a busy area of practice. The reasons are that there are two subjects we do not teach in school: conflict resolution and money management. If people could manage their money or the conflict in their lives, the divorce business would be in for a major downturn...

Coming Back Soon

Posted on September 21, 2009
I’ve been on a very long hiatus from posting here – my apologies. There will be much new content coming very soon. Thanks for reading!

Recession and Divorce

Posted on April 20, 2009
With the recession hitting us hard and jobless rates up it has caused the divorce rate to increase. We all know that the economy is struggling and there are more pressures out there on each of us personally. How does this affect your marriage? I am sure you’re already feeling it, financially and emotionally...

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5 Steps To Managing Your Money And Your Marriage

Posted on April 03, 2009
In our society, money represents power, success, and often even your value as a person. We say (misquoting the Bible,) “Money is the root of all evil,” or ”money is power;” or “he who has the gold, makes the rules.” We consider it spiritual to take a vow of poverty, and we prosecute and convict people who get [...

Does Divorce Make Women Look Older?

Posted on February 17, 2009
Divorce is one of several factors now found to add years to a woman’s face. Lots of things make us old. Previous research has shown smoking causes premature aging in men and women, literally etching the aging in their faces. Other research has found that poor skin tone can add a decade to a woman’s perceived [...

Work On Your Credit Score Before Divorce

Posted on January 27, 2009
On a couple’s wedding day, divorce is the furthest thing from their minds. At such a wonderful, joyous time in one’s life, it is difficult to consider the possibility that the relationship will end. However it does occur on occasion. Many people get married every day and over half the population has been divorced...

Crash Causes Settlement Changes

Posted on December 07, 2008
When John and his wife divorced, they agreed to sell their home. But every time they come close, his ex stalls “because she wants to buy it.” With the real estate market in a tailspin and the nation in a recession, “She feels prices will go down further,” which would enable her to buy it [...

Let?s Bail Out the Divorce Lawyers!

Posted on December 07, 2008
So saith the dean of the matrimonial bar, Raoul Felder, in a tongue in cheek piece published in this weekend’s Wall Street Journal. What line do I get in tget my bailout money?

Madonna and Ritchie May Pursue Collaborative Divorce

Posted on October 22, 2008
Interesting article in the London Times online edition edition today, reproduced in full below, regarding the Madonna - Guy Ritchie split up. As I have said before, I usually try to avoind writing about celebrity stories here. But this story I think warrants mention...

Widow Denied Use of Deceased Husband?s Frozen Sperm

Posted on September 15, 2008
Iris and Joseph Kievernagel disagreed about having children during their 10-year marriage, and their argument moved into the courts - and the casebooks of legal precedent - after his death in a helicopter crash. In a ruling made public Friday, a state appeals court said the Sacramento County woman has no right to use her husband’s [...

Renewing Vows Can Help Save A Marriage

Posted on August 26, 2008
In an era when celebrity weddings have an almost unrivaled potential to catch the public eye, another kind of nuptial ceremony — the renewal of vows — seems just as noteworthy. Most recently, the celebrity power couple of Madonna and Guy Ritchie reportedly opted to tie the double knot at a private Kabbalah ceremony in Los [...

Strahan Wins Appeal

Posted on August 26, 2008
Former New York Giants defensive end Michael Strahan on Tuesday won his appeal from an $18,000-a-month child support obligation imposed in his 2006 divorce, which a New Jersey appellate court found both exorbitant and unfairly apportioned against him...

9 Questions To Ask The Divorce Lawyer (Before You Write The Check)

Posted on August 09, 2008
Selecting the lawyer that will represent you is one of the most important decisions that you will make in your divorce case. You should try to find a lawyer who is skilled, competent, and who regularly handles family law and divorce cases. Seek someone who is responsive and willing to communicate with you throughout the [...

McGreevey Train Wreck Ends

Posted on August 09, 2008
The train wreck divorce trial of former New Jersey Governor Jim McGreevey and his wife, Diana Matos McGreevey, has ended, with the ex-governor largely prevailing. The court ruled that McGreevey would not be required to pay alimony to his ex. McGreevey has been ordered to pay child support in an amount considerably less than his [...

What Are The Grounds For Divorce In Pennsylvania?

Posted on July 04, 2008
A divorce may be granted in Pennsylvania divorce law using either “Fault” or “No-Fault” grounds. Fault grounds include: (1) adultery; (2) bigamy; (3) imprisonment for two or more years; (4) confinement for incurable insanity for 18 months; (5) willful desertion for one year; (6) cruel and inhuman treatment endangering the life of the spouse; (7) personal indignities...

Housing Reform Package May Not Help Divorcing Couples

Posted on May 11, 2008
The proposed housing reform package may offer some bail-outs for those who have experienced losses as a result of the downturn in the housing market, but it may not offer enough help for average families trying to get out from under overwhelming mortgages, especially if those families are trying to divorce and complete settlement negotiations...

Is April 16 National Divorce Day?

Posted on April 16, 2008
April 16 is National Divorce Day, according to Beverly Pekala, a Chicago divorce attorney who specializes in family law. She maintains that more people file for divorce the day after the federal tax deadline than any other day of the year. Money, she said, is at the heart of the problem...

Life Events Can Cause Problems With the IRS

Posted on April 12, 2008
Did you know that changes in your lifestyle could affect your taxes? When these changes happen, you will need to make adjustments to avoid creating IRS Problems. Have you recently gotten married? If you have changed your name, you will need to notify Social Security to get your name changed on your card...

Schwarzenegger Opposes Gay Marriage Ban

Posted on April 12, 2008
In an apparent shift in position, California Governor Arnold Schwarzenegger says that he will oppose any attempt to impose a ban on gay marriage in California. From today’s San Francisco Chronicle: Gov. Arnold Schwarzenegger told a group of gay Republicans on Friday that an attempt to ban same-sex marriage by changing the state Constitution is a [...

Divorce and Life Insurance Planning

Posted on April 12, 2008
Divorce is never easy, and fear of one’s financial future often looms large. Property division, alimony, child support are usually negotiated. Then, if either or both spouses remarry, two or three sets of kids complicate matters. Careful advisers always delve into the question of life insurance early in the process...

The Billable Hour System Is Corrupting the Legal Profession

Posted on April 09, 2008
That is the not terribly surprising message delivered by the new President of the California Bar Association, Jeff Bleich, as reported in a piece recently published on the American Bar Association’s website. as you might recall (or more likely, do not) I wrote some time ago about my belief that the billable hour system ill [...

Strahan Appeal Argued

Posted on April 09, 2008
Sounds as if New York Giant Michael Strahan may have had a successful day in an appellate court, if the Newark Star Ledger is to be believed: The slugfest that is Michael Strahan’s divorce case resumed today in state appellate court, where the football player found a sympathetic ear for his claim that a lower court [...

Changes In Property Values Complicate Property Settlements

Posted on March 30, 2008
The Financial Times ran the below story in this weekend’s edition, looking at how shifts in the value of real estate can complicate property settlements. While the article focuses largely on how rising values - a thing of the past in most markets in the United States - can change how spouses approach their divorces [...

More couples hiding wealth from each other

Posted on March 16, 2008
Honesty may be the best policy for a successful marriage. But when it comes to divorce, couples are becoming increasingly devious in concealing their wealth from each other. One fifth of couples who divorced last year tried to conceal their assets or income from their spouse - a figure which has doubled since 2006 - [...

Computer Security and Safety for Those Contemplating Divorce

Posted on March 12, 2008
Jeanne Hannah has published a most helpful post in which she discusses a wide array of steps that those who are divorcing, or who are contemplating divorce, should take to secure the information contained on their computers and email accounts. Jeanne’s post is required reading for clients and lawyers alike...

Estate Planning and Divorce

Posted on March 10, 2008
Massachusetts estate planning lawyer Leanna Hamill has published an interesting series of posts on the interplay between divorce and estate planning. I think Leanna’s posts provide excellent advice: If you are separated from your spouse, filing for divorce, or even just contemplating it - you need more than just a divorce attorney...

Good Advice for Parents

Posted on March 07, 2008
The following article is from one of our regular guest columnists, Dr. Trey Kuhne: A few months ago, a friend sent this to me through the email. I am uncertain who the original author is but was moved so much by it that I thought it might be an encouragement to parents who wonder if [...

Marital status at the end of the year determines filing status

Posted on March 07, 2008
Q: My divorce was final in December 2007. How should I file my taxes? Can I file as single now or do my ex and I have to do one last joint return since we were married for the majority of 2007? Answer from AICPA member Lisa R. Featherngill: Your filing status is determined on the last day of [...

Divorce Advice for Women ? 11 Things to Do Now

Posted on March 07, 2008
Once you decide you are going to get a divorce, there are some things you can do to get ready for it. 1. Start a War Chest. You are going to need your own money for a divorce. You will have to be able to maintain yourself and your children for a while if you are [...

For Kids of Divorce, Keep Homes Consistent

Posted on January 31, 2008
Q: I am a divorced father of a 9-year-old boy, sharing custody with my ex-wife. The problem is that she’s overindulgent, and after a week in her house, our son comes home feeling and acting helpless. How do I get my ex to understand that our son needs to learn to be independent ? and [...

Lessen Impact of Divorce on Credit

Posted on January 27, 2008
If you’re planning to file for divorce this year or are already splitting your assets with your soon-to-be ex-spouse, your credit is likely to take a hit. Many people don’t realize that lenders do not honor court decrees that assign payment responsibilities for joint loans...

Why We Don?t Look to Hollywood For Marital Role Models

Posted on December 17, 2007
Seems Pam Anderson is getting divorced again. If I recall correctly, this was the guy that she slep with because she owed him money. And folks wonder why these things don’t work out.

Gay Couple Married in Massachusetts Cannot Get Divorced in Rhode Island

Posted on December 10, 2007
A lesbian couple who married in Massachusetts cannot get divorced in their home state of Rhode Island, the state?s highest court ruled Friday in a setback to gay rights advocates who sought greater recognition for same-sex relationships.The Rhode Island Supreme Court, in a 3-2 decision, said the family court lacks the authority to grant a [...

Gay Couple Married in Massachusetts Cannot Get Divorce in Rhode Island

Posted on December 07, 2007
A lesbian couple who married in Massachusetts cannot get divorced in their home state of Rhode Island, the state’s highest court ruled Friday in a setback to gay rights advocates who sought greater recognition for same-sex relationships. The Rhode Island Supreme Court, in a 3-2 decision, said the family court lacks the authority to grant a [...

Freinds Swap DNA to Avoid Child Support

Posted on November 15, 2007
Courtesy of the Mississippi Family Law Blog comes this truly bizarre story of the lenghts that one man went to to try and avoid a child support obligation. Very bizarre: Two Army colonels face criminal charges over DNA scam When I served in the military, random drug testing was standard and steps were taken to ensure that [...

Happy (belated) Blogiversary to Me

Posted on November 14, 2007
One year ago yesterday, I made my first post to this blog. Over the past year, the daily readership, and your comments, have grown. To those of you reading, please accept my thanks. And please keep coming back. Thanks!

This Week?s Sign That The Apocolypse Is Upon Us

Posted on November 14, 2007
This from a blog called Sid in The City: Apparently officials in Broward County, Florida, don’t spend their waking hours fretting about the divorce rate in this country, because they just made getting a divorce even easier than it was. You can now do it online...

Learning to Ride the Marital Storm Can Lead to Calm Waters

Posted on November 08, 2007
A survey published this week reveals that the vast majority of adults want to be married. More than seven out of ten say they would like a ring on their finger ? more than ten times the number of people who want to live with a partner without being married...

Kansas Supreme Court Rules Against Sperm Donor in Parental Rights Case

Posted on October 27, 2007
The Kansas City Star reported yesterday that the Kansas Supreme Court has ruled against a sperm donor who had challenged that state’s law prohibiting sperm donors from exercising parental rights in the absence of a written agreement between the donor and the birth mother...

Social Networking Sites Are A treasure Trove Of Information

Posted on October 17, 2007
There is a very interesting article in this week’s National Law Journal, posted below, that discusses the increasing use that many lawyers are making of social networking sites such as MySpace and Facebook as sources of information about their clients and adversaries...

5 Common Finanical Mistakes in Divorce

Posted on October 15, 2007
1. Trying to keep the house no matter the costs.‘ Many couples scrambling to obtain a divorce settlement wish to keep the house at any cost. However, financial experts say that more attention should be given to who can afford to maintain the property, pay the mortgage, and manage the taxes...

Divorce adds another wrinkle to retirement planning

Posted on October 15, 2007
Some older clients seek guidance as they end their marriages As if baby boomer retirement and estate planning weren’t enough, financial advisers are now grappling with another issue brought to the fore by boomers: late-in-life divorce. Advisers are reporting that more of their clients who are approaching retirement age are coming to them for financial guidance as they [...