by Karen UlmerJust 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 […]
Divorce and Deferred CompensationApril 29, 2026 - 12:41 pm
Rental Properties and DivorceApril 17, 2026 - 9:37 am
Pets in DivorceApril 8, 2026 - 11:23 am
Landlord-Tenant Basics
A lease is the typical agreement outlining the arrangement to occupy property between the tenant, who will become the occupant, and the landlord, who is the legal owner of the property. Leases between landlords and tenants can be oral or written if the lease is for a period of less than three years, although written […]
Retirement Plan Distributions in Divorce
Retirement plans are often one of the significant assets up for distribution in the course of a divorce. Careful attention should be given to the type of retirement plan at issue to avoid tax penalties and/or early withdrawal penalties to the extent possible. First, retirement plans must be distinguished between qualified plans and non-qualified plans. […]
Improper Custody Relocation
Pennsylvania’s custody relocation statute, 23 PA C.S. 5337, requires the party seeking relocation to get court approval or the other parent’s permission prior to relocation. A relocation is defined as any move that would “significantly impair the ability of the nonrelocating party to exercise custodial rights.” Procedurally, the party intending to relocate should give at […]
Increase/Decrease in Asset Value
Property acquired prior to the marriage or in exchange for said property is not marital however the increase in value of that property during the marriage is up for distribution. Pursuant to 23 Pa. C.S. §3501(a)(1), any increase in value for non-marital or separate property should be measured from the date of marriage or date […]
Guardian Ad Litem
A guardian ad litem (GAL) is an attorney the court appoints to represent the best interests, and often times the legal interests, of a child in a court proceeding. Once appointed, the GAL should participate in all future proceedings as necessary to continue to ensure the child’s interest. By law, the GAL is mandated to […]
Non-Marital Property
Section 3501 of the Divorce Code defines what will be considered marital property versus what will be considered non-marital property. Specifically, marital property will include all property acquired by either party from the date of marriage through the date of separation. There is a presumption all property acquired during the marriage is marital regardless of […]
New Rules for Montgomery County
Montgomery County has just adopted a number of changes to their local rules regarding divorce matters. Where there are pending claims for equitable distribution, 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 […]
Same-Sex Marriage
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 […]
Self Support Reserve
The self support reserve is the amount of money a parent paying support needs to have available to support themselves. It is intended to ensure low-income parties can meet their own basic needs as well as provide an incentive for continued employment. In Pennsylvania, the self-support reserve is presently $931 a month. This number reflects […]
New Custody Rules for Chester County
Chester County has just approved a number of changes to their local rules regarding custody matters. For all custody orders, it must be stated within the order that neither party will relocate with minor children without proper consent or court approval as required under Section 5337. For all initial complaints for custody or petitions for […]