Family Law

Ladies: Get Divorced and Live Great; Guys: Get Divorced and Die Early

Posted on March 25, 2011
A new book is being released which studies the effects of a whole host of sociological events to determine why we some of us live long lives and some of us die early. The conclusions of The Longevity Project are interesting on several levels, but most relevant to my profession is the impact of divorce on peoples' lives...

WHY DO I NEED A LAWYER

Posted on March 23, 2011
When meeting with a perspective client, one of the most important things we discuss are legal fees. Inevitably, the potential client will ask what he or she can do to help lower his or her fees. Can they do their own photocopying? Can they take filings to the courthouse themselves? Will it save them money if they look for legal authority on the internet and forward it to me? While I recommend certain things, like being organized, obtaining financial documents yourself, and responding promptly to correspondence and pleadings, I never suggest that a client cut certain corners...

April 15th

Posted on March 22, 2011
Each year I get phone calls from clients around the tax filing deadline asking for advice regarding tax filings.  First of all, your attorney likely is not an accountant and certain tax issues need to be discussed directly with an accountant.  However, there are some important things to consider when doing your taxes during a separation and/or divorce proceeding...

WE KNOW IT'S WRONG BUT IS IT CONTEMPTIBLE

Posted on March 22, 2011
One of the great frustrations to both the law practitioner and the client comes after a court order is secured directing that a thing be done or not done, only to see the opposite occur.  The premise of the American judicial system is that when Court's speak they do so with finality and it is the obligation of the litigants to 'follow' the letter of the Court's order...

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Custody Case Highlights the Importance of Examining All Adults in Child's Life

Posted on March 19, 2011
A recent case out of Lawrence County, Pennsylvania highlighted the need to consider every adult who may be involved in a child's life during a custody case. While it may be axiomatic that the courts will consider the partners or paramours of a parent in a custody case, too often the background of those individuals is not given the appropriate investigation it deserves...

Custody Case Shows that Courts Care Who Parents Date

Posted on March 19, 2011
A recent case out of Lawrence County, Pennsylvania highlighted the need to consider every adult who may be involved in a child's life during a custody case. While it may be axiomatic that the courts will consider the partners or paramours of a parent in a custody case, too often the background of those individuals is not given the appropriate investigation it deserves...

COMMON LAW MARRIAGE, ANYONE?

Posted on March 17, 2011
 We recently had an inquiry with respect to the status of common law marriage in Pennsylvania.  The quick answer is that this doctrine was long abandoned in other states but survived in Pennsylvania until this century.  The more correct answer is that common law marriage is still alive in a diminished form and will survive in that form for many years to come...

I'm Leaving! But What Should I Do First?

Posted on March 15, 2011
Many times people come into my office or call wondering what they should do to prepare for separating from their spouse or the parent of their children. Understandably, it is a difficult decision and each person wants to position themselves to best handle the potential 'fall-out' of the separation...

WHO GETS TO INTERVIEW YOUR CHILD

Posted on March 09, 2011
It is relatively rare for domestic relations cases to be decided by the Supreme Court of the United States. There is a reason for that. The United States Supreme Court long ago decided that matters concerning the management of the family were best handled by the states and their courts rather than the federal judiciary...

Custody Law and Local Customs and Practices

Posted on March 03, 2011
One of the more interesting aspects of practicing family law in Pennsylvania is that each County has its own unique nuances and habits with how they adjudicate custody matters. This may range from procedural practices in how they schedule conferences and Master's hearings to the anecdotal tendencies of the Bench...

CUSTODY CASES: COURTS TO CONSIDER YOUR CRIMINAL CONVICTIONS AND MEMBERS OF YOUR HOUSEHOLD

Posted on February 25, 2011
Pennsylvania Family Courts have always been able to consider criminal convictions of the parties to child custody actions.  As of January 24, 2011, Pennsylvania child custody is now governed by §§5321-5340 of the Pennsylvania Code.  This new law specifically sets forth an expanded list of criminal offenses for the Court to consider and makes consideration of those offenses mandatory, rather than discretionary...

Standing for Foster Parents to Assert In Loco Parentis Relationship to Children

Posted on February 24, 2011
Under Pennsylvania law, an individual stands 'in loco parentis' to a child where he or she assumes the obligations of parenthood. In order to sustain an adoption petition predicated on a party's standing in loco parentis, the child's placement with that party must be with the agreement of the child's biological parents...

Co-habitation Discount on Alimony Pendente Lite Award

Posted on February 23, 2011
The common understanding of an alimony pendete lite (or 'APL') award is that it is a relatively strict economic analysis based on incomes. Due in large part to the prominent reference to 'alimony' in this term, it is commonly assumed that APL is treated like alimony in the sense that it is taxable income to the recipient (true) and terminable based on co-habitation (false)...

RECALCULATING RETIREMENT NEEDS

Posted on February 23, 2011
The Weekend Edition of the Wall Street Journal on February 19-20 reported on something most of us already knew:  Americans are not saving enough for retirement. The proposition is old but the data is new and, therefore, worthy of attention. Why is this germane to a series on Separation and Divorce?  That's easy...

IS PARENT COORDINATION FOR YOU?

Posted on February 02, 2011
Anyone who has had their chance to participate in a child custody proceeding at any level knows that the procedures are slow.  Typically courts are requiring parents to attend a parenting class and/or informal mediation before the real games begins and we get to a ruling or order...

Fox Rothschild Attorney, Jennifer Millner, Scores a Victory in New Jersey for the Valuation of Her Client's Military Pension

Posted on February 02, 2011
I would like to highlight a recent victory by one of our outstanding New Jersey family law attorneys; Jennifer Millner, Esquire, a partner in our Princeton office, won an appeal to New Jersey's Appellate division over an issue arising from valuation of a military pension...

(UPDATE) LAW FIRM ASKS COURT FOR GUIDANCE AS TO WHETHER PARENTS OR DOMESTIC PARTNER SHOULD RECEIVE BENEFITS OF A PROFIT SHARING PLAN

Posted on January 31, 2011
We previously blogged about Philadelphia based law firm Cozen O'Conner's efforts to obtain a guidance as to how to pay-out the profit sharing plan of one of their partners who was in a same-sex marriage. Cozen was presented with a beneficiary designation form which appears to grant the partner's parents the benefit...

Recent Updates to Decedent's Estates and Fiduciary Law Reflects the Divorce Code

Posted on January 26, 2011
In October, 2010, Governor Rendell signed into law Act No. 85 which amended Title 15 and 20 of the Pennsylvania Code to address the death of a party during divorce proceedings. Previously, the Divorce Code was amended to reflect the fact that if a party to a divorce dies after grounds have been established, then equitable distribution is to proceed as normal with the decedent's estate stepping into the shoes of the deceased party and that the Court should apply the normal equitable distribution factors in deciding the case...

LAW FIRM ASKS COURT FOR GUIDANCE AS TO WHETHER PARENTS OR DOMESTIC PARTNER SHOULD RECEIVE BENEFITS OF A PROFIT SHARING PLAN

Posted on January 25, 2011
Philadelphia based law firm, Cozen O'Connor, has asked the Eastern District of Pennsylvania for guidance as to the validity of a beneficiary designation form submitted by the parents of a deceased partner in their Chicago office. The parents of Ms...

THE RULES CHANGE IN THE RELOCATION GAME

Posted on January 20, 2011
We have previously noted that there are few cases more vexing than those involving one parent deciding to leave this state with a child and move to another to pursue what he/she perceives as better pastures. Clear case law has developed since 1990 that set a standard for when relocation should be granted and setting forth that once the Commonwealth has jurisdiction over a case a parent wishing to take the children to live out of state needs to file and meet some burdens to sustain their position...

IS SNOOPING THROUGH YOUR SPOUSE'S EMAIL ILLEGAL?

Posted on January 07, 2011
 Over the past few weeks, an interesting story emerged about a Michigan husband, Leon Walker, who is facing felony charges stemming from his use of his wife's Gmail password to access her email account and learn about her extra-marital affair. Mr...

STATE SEN. MICHAEL A. O'PAKE

Posted on January 05, 2011
Though this blog typically addresses current issues in Pennsylvania family law, I thought it was worth noting the passing of a long standing member of the Pennsylvania Senate, Senator Michael A. O'Pake. Among his many accomplishments and legislative efforts, he authored or helped spear-head many laws pertaining to family law, including the adoption of no-fault divorces, the passage of the Children's Protective Services law and Protection from Abuse Act, and Children's Health Insurance Program (CHIP), which we discussed in a previous entry...

WEDDING BELL BLUES

Posted on December 30, 2010
Reported today on MSNBC is the lawsuit filed in Illinois by a 32 year old attorney against her 31 year old fiancé who decided four days before the wedding that marriage was not right for him.  The bride had already reserved the banquet facility for $30,000 and contracted for entertainment and decorations totaling an additional $21,000...

FINANCING THE DIVORCE - LENDERS ARE INVESTING IN DIVORCES

Posted on December 14, 2010
It is not uncommon in divorce cases to have one spouse who is in a financially superior position than the other. Though alimony pendente lite provides the dependent party additional support during the pendency of the divorce, the complexity of many cases means that the 'independent spouse' has mounting legal fees which far exceed any alimony pendente lite award...

VIRTUAL VISITATION

Posted on November 24, 2010
It is the 21st century and, slowly, modern technology is making its way into the custody realm. For years, custody orders have often included provisions allowing for telephone contact between non-custodial parents and their children. For years, these provisions have been a source of contention, with non-custodial parents claiming that custodial parents block telephone access...

SUPERIOR COURT DECISION CHANGES HOW BUSINESSES ARE VALUED:

Posted on November 23, 2010
Business valuations are often important considerations in Pennsylvania family law cases. Depending upon the type of business and/or its legal status ('S' corporation, Limited Liability Corporation (LLC), Limited Liability Partnership (LLP)) any number of business valuation methods may be utilized to arrive at the value of the business for equitable distribution purposes...

FAMILY LAW BLOG - IMPOSSIBILITY OF SUPPORT ORDER

Posted on November 23, 2010
Rule 1910.19, Subsection(f)(2) of the Pennsylvania Support Guidelines provides for the termination or suspension of the support order when 'the obligor is unable to pay, has no income or assets and there is no reasonable prospect that the obligor will be able to pay in the foreseeable future...

IMPOSSIBILITY OF SUPPORT ORDER

Posted on November 23, 2010
Rule 1910.19, Subsection(f)(2) of the Pennsylvania Support Guidelines provides for the termination or suspension of the support order when 'the obligor is unable to pay, has no income or assets and there is no reasonable prospect that the obligor will be able to pay in the foreseeable future...

LIVING TOGETHER WITHOUT MARRIAGE

Posted on October 29, 2010
The October 15, 2010 edition of USA Today informs us the business of living together without benefit of marriage in what is termed a 'committed relationship' is becoming more and more accepted. What was a generation ago deemed 'living in sin' is viewed as a bad thing by only 38% of Americans...

REVENGE OF THE FOURTEEN YEAR OLDS

Posted on October 21, 2010
Each year we look for new trends in how families operate and how the law comes in contact with families.  The notion that teenage children are in conflict with parents is scarcely new.  It can be traced to ancient times and is largely based upon a maturing child's desire to become independent...

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