“It didn’t happen if there isn’t a document to prove it.” This proposition is a little bit like “possession is nine tenths of the law.” It sounds good and frequently applies, but it isn’t as absolute as it sounds. In...more
In 1980 Pennsylvania revised its 1929 Divorce Code and for the first time allowed post divorce alimony. It was a tough legislative battle with conservative forces professing concern that divorce would become ubiquitous. One...more
April Fools brought us a panel decision in Smedley v. Smedley (312 EDA 2023) which takes on the issue of whether home sales or other “one time” transactions are a basis to seek modification of child support or alimony awards....more
Marriages may be dissolved by either party when the parties have continuously lived separately and apart for at least one year. However, you are not actually divorced until the District Court enters a Judgment for...more
Much of the material we publish comes from Pennsylvania’s Superior Court. In most instances that court is reviewing trial court decisions based on whether the lower court committed an “abuse of discretion.” One of the...more
A divorce decree is a court order legally ending a marriage. Once entered, both parties to the marriage can move on to their separate lives. However, a divorce decree does not relieve you of any joint debt or contractual...more
The demographics of family life have changed a lot in recent decades. Young people are marrying less and later in life when they do. The number of young people interested in having kids is in decline. And older folks are...more
Yesterday, I posted the Top 10 Posts in 2022 on our NJ Family Law Blog as measured by page views. Aside from publishing the posts directly on our blog, the posts are also shared on a content aggregator, JD Supra which...more
The end of the year is the time for holiday merriment and top 10 lists. As a kid, I used to love to listen to Casey Kasem’s countdown of the top songs of the year. So I decided to do a top 10 list related to posts on this...more
Extreme times produce irrational responses. A day ago, an unhappy orthopedic patient in Oklahoma decided it was time to kill his surgeon. He took three other lives as well as these people got “in his way.”...more
We previously blogged in 2014 about Marsico v. Marsico, where the trial court barred a litigant from appearing and testifying in a divorce matter through a designated power of attorney, which appointed the Husband’s daughter...more
When parties settle their cases, many if not most, expect that their agreement that they spent months or years negotiation will finally provide them with some peace. After all, if someone agrees to do something in an...more
The body of law governing divorce contains few absolutes. One such absolute is the timing of the divorce relative to the assertion of claims for alimony and division of assets and debts, known as equitable distribution. ...more
Over the last several weeks, via emails, attending webinars and otherwise, I have frequently heard that the coronavirus may create significant estate planning opportunities. In fact, while writing this post, I Googled...more
One of the more complex issues we see when addressing alimony and equitable distribution relates to inherited assets and the money (distributions, investment experience, interest, etc.) that emanates from them. Under New...more
Credibility is key when it comes to matrimonial litigation – from your initial filing through the last day of trial. In our practice, we can often make educated guesses of the range for equitable distribution and alimony from...more