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Separation is one of the no-fault grounds for divorce in Pennsylvania. A no-fault divorce simply means there has been an irretrievable breakdown of the marriage. Grounds for a divorce can be established if a one year separation period is established. One party would need to file an affidavit of separation setting forth the separation date. […]
Pennsylvania abides by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in terms of determining where a custody case should be handled. The preferred method for establishing jurisdiction is based on the home state of the child. The homes state is defined as the state where the child had been living for at least […]
Alimony is support paid after a divorce has finalized. Alimony is deductible from the party paying alimony and taxed as income to the party receiving it if it meets certain requirements established by the Internal Revenue Service. For starters, you need to make sure the specific terms of your alimony award are spelled out in […]
Parties other than parents and grandparents may be able to file for custody. Section 5324 of the Pennsylvania Domestic Relations laws discusses who has standing to file for legal and physical custody. First, a person who stands in loco parentis may file for custody. In loco parentis status means you are acting as a parent […]
Retirement benefits can be a substantial asset up for division in the context of a divorce action. The same is true in the case of military retirement benefits. There is a certain time requirement for service in order to be eligible for military retirement. Once this threshold is reached, a spouse is then entitled to […]
November is National Adoption Month. This is the 22nd year for recognition of National Adoption Month. It started as National Adoption Week in 1984 on the motion of then President Ronald Reagan. In 1995, President Clinton extended the recognition from a week to the entire month of November. This year’s initiative is finding homes for […]
Emotions run high in any child custody discussion. When you are fighting with your soon-to-be-ex, in person or through your attorneys, that arguing adds extra pressure to the process. When violence and abuse are already present in the relationship, there is added urgency along with a fear of you or your children being victimized. […]
If you have children and are getting divorced, you will negotiate a parenting time schedule, typically called a custody agreement. This dictates the amount of time that each child will spend with each parent. It can include overnights, holidays, and special arrangements like pick-ups and birthdays. If you are divorcing with younger children, your schedule […]
An accounting is one of the final steps in administering an estate. It is the final reconciliation of all assets in the estate, all expenses of the estate, and any interim distributions. A formal accounting is filed with the court. An informal accounting may be done as well and is presented to the beneficiaries as […]
An inventory of probate assets will need to be filed with the court in the process of probating the will. The first step for the executor or administrator is to gather information on what assets exist. For real estate, ownership should be confirmed first via review of deed or a title search. If the home […]
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