Guardianship refers to the authority to make decisions on behalf of an adult individual who has been deemed incapacitated by the court. The standard for incapacity involves an analysis of whether the individual can manage their financial resources and/or meet essential requirements for their own health and safety. The first step for a party interested […]
Just short of a year following the US Supreme Court decision that the federal statute, the Defense of Marriage Act (DOMA), was unconstitutional, Pennsylvania has followed suit in recognizing its own marriage laws are also unconstitutional. In a decision rendered May 20, 2014, the Honorable John E. Jones, III, sitting for the US District Court […]
Pursuant to NJ Court Rule 5:5-5, all counties in the state are required to maintain an Early Settlement Panel (ESP) program. The goal of the program is to promote resolution prior to trial. Most divorce cases will settle prior to trial either at an ESP or otherwise. The panels are usually comprised of two-three attorneys […]
The current statute relating to paternity is 23 Pa.C.S. §4343. As it relates to testing to determine paternity, the statute provides: (c) Genetic Tests. (1) Upon the request of any party to an action to establish paternity, supported by a sworn statement from the party, the court or domestic relations section shall require the child […]
Many courts will recognize legal property and/or support rights arising from cohabitation of non-married parties. Palimony refers to the support obligation that may arise following the end of the relationship. NJ previously recognized palimony claims however a recent change to the law has made it more difficult to obtain by requiring a written agreement on […]
The Service Members Civil Relief Act (SCRA) was signed into law by President Bush in 2003. It was an overhaul of the SSCRA which had been law since 1940. The main purpose of the SCRA is to protect service members from civil lawsuits while they are on active duty and unable to adequately defend themselves. […]
Discovery is the process of obtaining information from the opposing party in the course of a lawsuit. Discovery is governed by the Pennsylvania Rules of Civil Procedure (Pa. R.C.P.). Rule 1930.5 states that there shall be no discovery in a simple support, custody or Protection from Abuse proceeding unless authorized by court. In order for […]
The Philadelphia Center for Emotionally Focused Training is sponsoring a workshop for couples on February 2, 2013 titled “Hold Me Tight.” The focus of the workshop is to help couples reconnect and move forward in a more loving relationship. Dr. Ruth Jampol and Dr. Nancy Logue will be facilitating the workshop which will use the […]
Parties are often encouraged to try to reach an agreement to resolve whatever issues have arisen in any legal matter. In family law, agreements are especially encouraged due to the personal nature of the issues at hand along with the belief that it is better for the parties to draft their own agreement rather than […]
Most family law actions that will be filed include a filing fee for the initial complaint or pleading. A part of these filing fees go to fund the Pennsylvania Children’s Trust Fund (CTF). This fund has received approximately $40 million dollars from family law filing fees since inception. The initiative of the CTF is to […]
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