Divorced and Taking Your Children Out of the Country – PA Law

If you have joint custody of any children under 16, both parents must consent before taking them out of the country. If your child does not already own a passport, Pennsylvania law requires that both parents must appear in person and provide proof of parentage to apply for the passport. In the case of divorce, […]

Surrogacy Contracts

Surrogacy is the process whereby a third party is used to assist couples in having a child. Surrogacy may be traditional wherein the third party will have a biological tie to the child but has agreed to relinquish any legal rights as a parent. The other option is gestational surrogacy where the third party is […]

Wills for Heroes

Wills for Heroes is a program in conjunction with the Pennsylvania Bar Association that provides free wills, living wills, and powers of attorney to first responders and their families. Appointments are required along with proof of military or public service. There is also a limit on the size of the estate to utilize this service. […]

Insurance companies prohibited from denying claims of victims of abuse

Under Pennsylvania’s Unfair Insurance Practice Act, an insurance company may not deny a claim by an innocent co-insured where the loss was caused by the intentional act of another insured if the innocent co-insured is a victim of domestic violence. The Superior Court of Pennsylvania recently addressed this provision in Lynn v. Nationwide Insurance Company. […]

Costs of sale and taxes to be considered in equitable distribution of a business

In Carney v. Carney, a recent decision by the Superior Court of Pennsylvania, the Court held that costs associated with the sale of a business and related tax effects were relevant to an equitable distribution order. The trial court entered an equitable distribution order, which gave Husband the couple’s trucking business. Husband was required to […]

Informal Probate Administration

Informal administration is where the bulk of the process is by agreement of the interested parties. The notice requirements are still the same. After the short certificate, the executor or administrator needs to notify all possible beneficiaries as well as all possible debtors by publishing notice in the local law reporter and a local newspaper […]

Pennsylvania Victims of Domestic Violence May Have Easier Road to Divorce Under New Law

On April 21, 2016, Governor Wolf signed into law a bill which essentially simplifies the process for victims of domestic violence to obtain a divorce. Currently, under the Divorce Code, even in the case of domestic violence, if a spouse refuses to consent to the divorce after 90 days, the divorce cannot proceed until there […]

Social Media Use During a Divorce

In a divorce, social media activity can be used as evidence which may affect alimony, property division and child custody. Accordingly, anyone involved in these family law proceedings should be cautioned about use of social media. As many people know, once something is posted online, it can never truly be deleted. Social media posts are […]

Child Support when Custody is Shared

When parties have an equal custodial arrangement, meaning that they share overnights on an equal basis, seven nights in a two week period with one parent and seven nights with the other, there is still the possibility of a child support order. The party who earns more money will be obligated to pay support. If, […]

Grounds to contest a will

Contesting a will in Pennsylvania is a very difficult process. The person contesting has the burden to show that the will is not valid. The most common grounds for contesting a will are fraud, undue influence, forgery, lack of mental capacity, and failure to meet legal requirements. Fraud: Was the decedent deceived into signing the […]