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Recent Blog Posts
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Bifurcation
Bifurcation is the process whereby a divorce decree may be granted prior to resolution of the economic rights of the parties. Where granted, the court retains jurisdiction over the parties’ equitable distribution claims as well as support claims. Section 3323 (c)(1) of the Divorce Code discusses where bifurcation might be available. If both parties consent […]
Support Orders and Retroactivity
Normally a support order is retroactive to the date of filing. If, however, there was a reason someone was precluded from filing for support, say for a physical or mental disability, the support order could be retroactive to the date they could have filed if they had been able. If a party conceals their income, […]
Counseling during a Divorce
Oftentimes when people are getting divorced, there are many emotional issues involved. In instances where one spouse did not want the divorce, or even when they did but they endured physical abuse, adultery, mental abuse, or just the trauma of change that a separation brings, counseling with a qualified therapist or psychologist can be invaluable. […]
Changing Your Name Legally
There are many reasons why someone may want to change their name. It could be they have never really bonded with their parent and want a new last name. It may be that they wish to change their name for business purposes. Perhaps, they are from another country and want to change it formally to […]
What Happens to the Pet in a Divorce
In Pennsylvania, pets are considered personal property in a divorce. Like any personal property, if they were a pet prior to marriage, they go to the party who owned the dog at the time of the marriage. If they were purchased during the marriage, then like any other personal property, either party is entitled to […]
How long will the Divorce take?
If you are getting divorced, or recently filed, you may wonder how long it is going to take to get your divorce. In Pennsylvania, there are two no-fault grounds for divorce which is the vast majority of divorces even if you think you have been wronged. If you are already separated for two years when […]
How an Inheritance could hurt you in a divorce
If you are getting divorced and you are entitled to a large inheritance, although the Court cannot distribute your inheritance as part of the marital estate (unless you put it into joint names), it still must be disclosed as part of the divorce process. Inheritance that you are entitled to prior to the divorce due, […]
Post-Judgment Relief
Most agreements submitted to the court for enforcement or final judgments made by the court are difficult to change. There is the option of an appeal or motion for reconsideration within a certain time frame following the decision. The argument at that time is usually that a wrong decision was made based on the evidence […]
How to Approach Debt in a Divorce
When you are getting divorced, most debt, with a few exceptions, accumulated during the divorce is marital debt regardless of the name on the debt. The first step in approaching your debt is to find out what you have. I recommend that you start by obtaining your free credit report. You can obtain one from […]
Who provides health insurance during/after the Divorce?
When the parties are married, usually, one of the parties carries the health insurance for the parties and any minor children. The Court keeps the status quo as much as possible while the divorce is pending. If you are carrying insurance for your spouse, you cannot drop them until the divorce is final. Health Insurance […]