Family Law
Arbitration in Family Law Matters: How to Avoid Court & Why It Matters
November 5, 2024Unlike arbitration, courtrooms are typically where individuals turn when they face issues that cannot be resolved through other means. However, court proceedings can be time-consuming and costly, and they may not always adequately address your specific needs, intentions, or concerns. Fortunately, there are several alternatives to the court system known as Alternative Dispute Resolution (ADR) processes. The two primary options within ADR are mediation and arbitration.
Understanding Child Custody Provisions in Pennsylvania
January 3, 2024Child custody provisions in Pennsylvania act as a way to navigate the arrangements for childcare with clear boundaries and legal expectations. Whether you resolve your child custody dispute by agreement or after lengthy litigation in court, you should expect that the resulting custody Order will include many, if not all, of the following provisions:
What Happens To The Engagement Ring If There Is No Wedding?
December 1, 2023Pennsylvania law has been clear for many years. If a person proposes and gives his/her intended spouse an engagement ring (and/or another type of gift) with the promise to marry and the wedding does not occur, the engagement ring, and/or any other gift given in anticipation of the wedding must be returned to the donor. This was because the engagement ring (and/or other gift) was a gift that was conditioned on the promise that a marriage would occur. The Pennsylvania Superior Court recently handed down a case that changed the law somewhat. In Campbell v. Tang, Mr. Campbell proposed to Ms. Tang to give her a diamond engagement ring, a matching pendant necklace, and matching diamond earrings. Ms. Tang accepted his proposal, and the parties began to plan a wedding.
Child Custody Decisions in Pennsylvania
September 8, 2023Understanding Your Choices for the Best Chance at Success
Child custody decisions in Pennsylvania are determined by a court’s assessment of the best interests of the child, considering all relevant factors, including those factors listed in Section 5328 of the child custody statute. Among the 16 factors considered by the court is the “well-reasoned preference of the child, based on the child’s maturity and judgment.” It is important to highlight that the well-reasoned preference of a child is simply one of 16 factors a court must weigh when deciding a physical custody schedule that is in the best interests of a child. Therefore, although a child may express a preference in residing primarily with one parent over the other, that preference is considered along with all other factors, and a court may decide that the child’s preference is outweighed by more significant factors. This means that a court may not agree that the child’s desired preference is in their best interests, regardless of the child’s age or level of maturity.
COMMON LAW MARRIAGE IN PENNSYLVANIA
July 18, 2023Common Law Benefits
Pennsylvania stopped recognizing Common Law Marriages as of January 1, 2005; however, if you had established a Common Law Marriage in Pennsylvania prior to that date, Pennsylvania Law preserves the validity of such marriages. An established Common Law Marriage may provide you with certain benefits such as spousal death benefits, Social Security surviving spouse benefits, or zero percent inheritance tax (as opposed to 15% for unrelated persons).
Emergency Protection from Abuse Orders
June 7, 2023Staying Safe & Legally Protected
Generally, a person who claims they were abused by a family member or current or former intimate partner can receive a restraining order (abuse orders) from the Court of Common Pleas. Those restraining orders are issued under the Protection from Abuse Act and are frequently referred to as “PFAs.” But sometimes an alleged victim asks for an order at night or on the weekend. Fortunately, there is a procedure in Pennsylvania that allows Magisterial District Courts (MDJs) to issue emergency orders when the Court of Common Pleas is not available. This article will help you understand the qualifications and process for emergency protection from abuse orders in a general way. For detailed legal help in your specific case, contact our team of experts.
Understanding Pet Custody in PA Divorce
May 17, 2023Pet Custody in PA Divorce
What does the law say about pet custody in the event of divorce in Pennsylvania? We treat our pets like family, but what happens to our pets when the family separates and the marriage ends in divorce? Currently, the Pennsylvania Divorce Code does not provide special considerations or provisions for family pets; rather, the court views pets as personal property, dividing such “property” as it would furniture and other items of tangible property.
What to Expect in the Pennsylvania Divorce Process
May 2, 2023By its nature, divorce is an emotionally taxing ordeal. Legal counsel is well aware, or should be, that the prospective client or client with whom he or she is speaking seeks assistance at very likely one of the low points of their lives. Being so, it is incumbent upon legal counsel to clearly explain the statutory and procedural process of divorce.
WHAT YOU CAN EXPECT IF YOU RECEIVE NOTICE THAT YOU ARE A PARTY TO A SUPPORT ACTION
April 24, 2023Support conference matters are handled in the part of the Court of Common Pleas called the Domestic Relations Section. Complaints for support are filed with the Domestic Relations Office, which handles issues associated with support for spouses and children as well as temporary alimony (also known as alimony pendente lite).
DIVORCE AND ESTATE PLANNING
March 14, 2023What You Need to Know During a Divorce
Many legal issues surround divorce, such as the determination of custody, support, and equitable distribution of marital property. In addition to all of this, there are often emotional issues. Updating an estate plan is generally at the bottom of your list, if it even makes the list, when you are going through a divorce. However, updating estate planning documents, such as a Will, Power of Attorney, Health Care Power of Attorney, Advanced Medical Directive (Living Will), and Revocable Trusts should be a top priority.