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
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
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
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
Your spouse just came home from the club. The ostensible mission was golf and perhaps another round or two at the proverbial 19th hole. But, tonight there’s not just the travails of the par 3s on the back nine holes or...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
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
In July 2020 we wrote about a precedential decision called Lewis v. Lewis, 234 A.2d 707, 711 (Pa.Super.) where what might be described a “fairness in execution” doctrine appeared to be substituted for traditional notions of...more
Contrary to the prevailing belief in 1980 when Pennsylvania became a no-fault state, liberalization of the divorce laws did not prompt an avalanche of divorce. After many years focusing my practice in this field, it became...more
Contrary to popular belief, truly effective estate planning entails all parts of your life, not just the end of it. The process requires reflection on deeply held beliefs about what is important to you, your expectations for...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
Ask anyone being married for the first time why he or she should have a premarital agreement and the answer is commonly: “Why would I, I don’t really own anything?” followed quickly by the romantic sentiment, “and besides, I...more
The Superior Court issued a non precedential decision on September 21 grappling with a question that has lingered since Pennsylvania adopted equitable distribution forty years ago. What happens to transfers of marital assets...more
Too often, infidelity plays a role in the demise of a marriage. The spouse who was cheated on will likely (and understandably) be angry. But can that infidelity be used against the cheating spouse during your divorce? In...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
In the last few days, I have worked with another attorney to try to bring a peaceful end to a very brief marriage. In the space of a couple weeks, we identified what was left of the “ties that bind” and how to painlessly...more
Prior to the walk down the aisle for the happiest day of their lives – to that point – many hopeless romantics decide (or are required by their parents) to get a prenuptial agreement which set forth many of their rights and...more
It appears Johnny Depp’s marriage to actress, Amber Heard, will soon end in divorce. Heard recently filed for divorce, citing “irreconcilable differences,” a mere fifteen months after she exchanged wedding vows with Depp....more