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It can be a simple process for a step-parent to adopt their step-child. Some of the statutory requirements for adoption are waived in the case of a family member adopting a child. Specifically, a home study, which is expensive and can take several months to complete, is not required. Instead, the step-parent need only complete […]
One of the factors for consideration in determining what is in the best interests of the child for a custody award is the preference of the child. It is common for the opinion of the child to be sought in the course of a custody evaluation. There is also the possibility that a child will […]
Diminishing credit is a concept that property brought into a marriage loses its separate nature and becomes marital in nature as the marriage progresses. The court may give credit for separate property brought into the marriage depending on the circumstances. Generally, any credit to be received decreases with the length of the marriage. For example, […]
Pennsylvania law does recognize workers’ compensation awards as marital property subject distribution in a divorce action. In order for the award to be classified as marital, the underlying injury creating the eligibility for workers’ compensation must have occurred during the marriage. Pennsylvania generally utilizes the timing of the receipt of assets for identifying marital property. […]
You may be able to get reimbursed for medical expenses if you have an existing support order. Unreimbursed medical expenses may be allocated between the parties in a support matter in proportion to their income under Pa. R.C.P. 1910.16-6. The court may include the expenses within the support order or direct that it is paid […]
The initial step is to get a Complaint filed with the court. The Complaint would include the grounds under which you are seeking divorce as well as any other types of relief requested. For example, your complaint would state if you are asking for a no-fault divorce on the basis of mutual consent or separation […]
U.S. Courts have recognized foreign support/custody orders, divorce decrees, adoption decrees, and money judgments. A court will recognize a foreign Order under the doctrine of comity so long as the party has established domicile in the foreign country. As discussed in Hilkmann v. Hilkmann, “[c]omity is a recognition which one nation extends within its own […]
Each party’s income is relevant in the context of a support action. Pennsylvania can assign an earning capacity for parties who are voluntarily unemployed or underemployed. There are recognized exceptions to avoid having income imputed if you do not work. One of those exceptions is if you are physically incapable of working. In the event […]
Certain criminal charges are relevant in family law cases. Pennsylvania law requires parties to submit a criminal history verification in every custody proceedings. Under 23 Pa CS 5329, the court is to consider criminal convictions, not just official charges, when making a custody decision. Charges for the following crimes must be disclosed: homicide, aggravated assault, […]
Under Pennsylvania law, one of the parties to the divorce action must have been a bona fide resident of Pennsylvania for at least six months prior to the commencement of the divorce. Bona fide residence is defined as actual residence with domiciliary intent or the place where a party intends to return to if temporarily […]
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