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APL is short for alimony pendente lite which translates to alimony while the divorce is pending. Spousal support can be sought when the parties are separated and potentially before a divorce matter is pending. Often, these two terms for support between spouses are used interchangeably. This is due in large part to the fact that […]
Earlier this year a bill was introduced to the Pennsylvania General Assembly which would affect the Divorce Code. House Bill 380 proposes amending Section 3301(d) of the Divorce Code to allow divorce on the basis of separation for a one year period as opposed to the current law which requires a two year separation period. […]
Parental rights can generally only be dissolved in conjunction with an adoption matter. A biological parent can consent to an adoption, voluntarily relinquish their rights or be subject to involuntary termination. Pursuant to 23 Pa.C.S. § 2511, there are nine (9) grounds for involuntary termination of parental rights: (1) The parent by conduct continuing for […]
If there is a question as to the validity of a marriage, Section 3306 of the Divorce Code discusses how either party may file for declaratory judgment with the court at any time. The court will declare the marriage valid or invalid based on the proof presented. Under 23 Pa C.S. 3304, void marriages include […]
Montgomery County has a different procedure regarding grounds for divorce and equitable distribution matters. Once grounds are established and discovery is complete, the moving party should file a Motion for Entry of Grounds and Appointment of an Equitable Distribution Master. The moving party will now have to pay a $400 fee at the time the Motion is filed. The Motion must certify […]
Mortgage payments may be considered in the course of establishing a support award. Pennsylvania Rule of Civil Procedure 1910.16-6 covers adjustment to basic support awards and allocation of additional expenses. Under sub-section (e) mortgage payments, real estate taxes, and homeowners’ insurance may need to be considered. Second mortgages, home equity loans and other obligations secured […]
Pensions already in pay status at the time of separation require additional considerations in a divorce matter. The pensions can still be divided as a marital asset however the method of valuing the total value of the pension for distribution is altered. This is because often elections for survivor benefits are made at the time […]
Benefits payable to the children can affect the child support award. Pennsylvania Rule of Civil Procedure 1910.16-2(b) discusses the treatment of public assistance, SSI benefits, certain Social Security payments and foster care payments in regard to calculation of support. Per sub-section (1) public assistance and SSI payments cannot be considered. SSI is a federal means-tested […]
Breast-feeding alone is not a reason to grant custody to the Mother over the Father in a custody dispute. In J.R.M. v. J.E.A., 33 A.3d 647 (Pa.Super. 2011), the court granted Mother primary physical custody based exclusively on the fact that the parties had poor communication and Mother continued to breast feed the child. Father […]
Great-grandparents are able to pursue partial custody just as grandparents are. Section 5325 of the Domestic Relations Statute indicates great-grandparents may petition for partial custody/visitation where one of the following conditions is met: (1) a parent of the child is deceased; (2) the parents of the child have been separated for at least six months; […]
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