“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
The Rules of Court clearly allow a Family Part Judge to appoint their own expert on any issues, whether custody or economic issues, in order to aid the court in making a decision on an issue before the Court. The Court rule...more
As Spring came this year, the news was filled with reports that we would see an especially large crop of ciccadas this year as the 13 year brood is coming at the same time as their 17 year cousins. But it isn’t just insects...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
We often see family law clients who have misconceptions about divorces. These misconceptions impact their decision-making. We are going to debunk common myths about divorce in Arizona to provide clarity and empower...more
When you hear a couple is divorcing, one of the first questions people ask is “who is keeping the house?” Clients rarely ask the question that way. They more often ask, should I keep the house? Indeed, that is the better...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
During the divorce process, parties are tasked with determining how to equitably divide their marital property. Typically, “marital property” is defined as any property acquired between the date of marriage through the date...more
It’s an unfortunate week to make the comparison but it is an apt one for the very reason we saw as the tragedy in Baltimore unfolded early Tuesday morning. Then, a ship appears to have temporarily lost power and control,...more
Whether you are getting married or divorced, it is helpful to understand what will happen to the assets and liabilities that you have or had at the time of marriage. This is because assets and liabilities that you have...more
I can lie and pretend to watch educational series, all law dramas, during my limited free time between work and two little kids, but I will be honest and tell you that reality TV runs on repeat between my husband’s sports (or...more
Every day there is another article published beginning with the ubiquitous question: “Can I retire if I have……………?” The blank piece is filled with all kinds of trivia. Can I retire if … - a. I am 55 and will have social...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
The assets we write about are nice ones to own. Philadelphia is home to a significant research and technology investment community. Pittsburgh also hosts these kinds of businesses. They can create special problems in a...more
Last week, I blogged about the new statute that closed the block hole that existed when a party who held most or all of the assets died during while a divorce was pending. Specifically, the new statute permits the court to...more
What happens when a party dies in the middle of divorce? Under the law, the divorce action abates and the matter is over. In many cases, that is to the benefit of the surviving spouse because, in most cases, they would...more
As my colleague Eric Solotoff of the New Jersey Family Law Blog noted in a recent post the 2024 Divorce Season officially launched on January 2 as many unhappy couples defer taking action until the holidays are over and folks...more
One of the most common assets that divorcing couples own is real property. In many cases, the real property is limited to the marital residence. However, some cases also involve either residential or commercial investment...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
Just a few months ago we wrote about folks who have forgotten about retirement assets. Our article was based on experience. But now we have seen the data and it is staggering. The news comes about because the Biden...more
Modern day divorce brings us assets in many forms and many of them are “pregnant” with tax consequence when they are divided. In almost all cases, couples who can’t agree on much do tend to acknowledge that money they have...more
Days after I wrote about the Guardian Ad Litem (GAL) role for litigants here in the R.B. v. E.A.C. matter, another case was released on a similar issue: In The Matter of A.H. In this case, the parties who were dual citizens...more
We are reading a lot about if, when, and how people who have conventional IRA accounts should be evaluating whether to convert them to Roth accounts. For those who don’t live in this world, let’s take a minute to bring you...more
On November 14, 2023, the Appellate Division decided an interesting case that implicated the intersection of family law, estate law and federal law. The reported (precedential) decision In the Matter of the Estate of Michael...more
As a divorce attorney, I’ve noticed that there are a few widely held false beliefs regarding divorce laws in Washington state. Here are the most common and potentially the most dangerous for those headed for a divorce:...more