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Can You Throw Out the Prenup During a Divorce?May 29, 2026 - 4:43 pm
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Explaining a Waiver form for Divorce
Oftentimes parties are pro se, meaning they represent themselves. Sometimes, it can be frightening to receive paperwork in the mail that you do not understand or fear may end upwaiving your rights. In a divorce you may receive one of two types of a waivers. One is called a waiver of Notice of Intent to […]
Benefits of Mediation in Law
Mediation is a neutral and voluntary process wherein two or more parties that have a dispute meet with a mediator who facilitates the meeting in an attempt to come to an agreement and keep the matter out of court. A mediator does not have to be an attorney. Oftentimes, counselors receive training in mediation as […]
Filial Responsibility Statute
Under the PA filial responsibility statute, adult children are financially responsible for payment of their parents’ medical care and nursing home costs. This was recently decided in the case of Health Care and Retirement Corporation v. Pittas, a 2012 PA Superior Court case. See 23 Pa.C.S. § 4603. However, there is a bill currently pending […]
Paternity by Estoppel
A presumption of paternity arises where a child is born into an intact marriage. In that circumstance, absent clear and convincing evidence to the contrary, the husband will be deemed to be the father. However, even in the absence of a biological connection, paternity may be established. Paternity by estoppel acts to impose an obligation […]
Alimony Modification
Alimony is support paid to an ex-spouse following the divorce decree. Unless otherwise stated by agreement, alimony may be subsequently modified due the changed circumstances of either party. The changes must be substantial and of a continuing nature. For example, if a party loses their employment or becomes disabled modification could be sought. An alimony […]
3301(d) Affidavit and Counter-Affidavit
Most parties pursuing divorce will choose to proceed with no-fault grounds for divorce. A no-fault divorce simply means there has been an irretrievable breakdown of the marriage. There are two different ways to establish an irretrievable breakdown of the marriage under the Divorce Code. First, both parties may consent to the divorce after 90 days […]
Mental Incapacity in Divorce Case
Section 3308 of the Divorce Code provides for an action in divorce where the defendant is suffering from a mental disorder. In practice, however, seeking a divorce where one of the parties is mentally incapacitated can raise unique issues. The Pennsylvania Rules of Civil Procedure discuss the steps that must be taken when one of […]
Step-Parent’s Duty to Pay Child Support for Step-Children
On December 29, 2015, the Pennsylvania Supreme Court decided that a step-parent can be responsible for child support if that step-parent has taken aggressive legal steps to obtain the same custodial rights as a biological parent. A.S. v. I.S., No. 8 MAP 2015 (Pa. Dec. 9, 2015). The mere existence of a relationship between the […]
New Birth Certificates
Additional copies of a birth certificate may be ordered from the Department of Vital Records. An application is required along with a fee of $20. Fees may be waived for members of the armed forces. Simple changes to a birth certificate can be made by agreement of the parents through the Department of Vital Records […]
Interstate Adoptions
The Interstate Compact for the Placement of Children addresses adoptions where a child is to be transferred across state lines. It creates uniform legal and administrative procedures for interstate adoption matters. All U.S. states are members of the Compact. The Compact has existed for approx. forty years. The state where the child presently resides must […]