A Partition Action is the type of legal proceeding needed to divide property amongst unmarried individuals that cannot agree what to do with the property. There are two options in a partition action. One option involves physically splitting the property, if possible. The alternative option, and more likely occurrence, involves the home being sold with […]
https://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.png00Karen Ulmerhttps://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.pngKaren Ulmer2013-07-25 03:55:432020-04-06 16:16:43Splitting Real Estate Outside of a Divorce
Last month the U.S. Supreme Court found that the Defense of Marriage Act (DOMA) was unconstitutional as it violates the Fifth amendment in failing to provide due process for all. DOMA was initially enacted in 1996 and provided that the federal government could refuse to recognize same-sex marriages granted under state laws. This resulted in […]
Many clients going through family law matters will have questions regarding how they can/should file their taxes as well as what tax consequences may arise in their situation and the answers vary depending on if it’s a divorce, custody, or support matter. To start with divorce, while married parties can choose between married filing jointly […]
Finally receiving the divorce decree is an accomplishment for divorcing parties, however, it does not always mean the end of the matter. If custody and support were issues were raised as part of the divorce, even though an initial resolution may have been met, both are issues which can be revisited based on change of […]
Pensions are generally considered marital property and subject to distribution at the time of divorce. The pension may need to be appraised to determine the marital value of the pension, specifically in an instance where the party began accruing the benefits prior to the marriage or the parties were separated for numerous years before a […]
Some states routinely include a morality clause as part of a divorce case. A morality clause would prevent the parties from doing certain things following separation. In family law, the clause usually prevents either party from having a new partner stay overnight while minor children of the former marriage are present. Texas is one of […]
https://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.png00Karen Ulmerhttps://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.pngKaren Ulmer2013-06-14 11:57:092020-04-06 16:16:43Morality Clauses in Family Law
Many clients contemplating divorce have questions about what they should do even prior to filing for divorce to protect themselves. Below is a list of some proposed actions from personal finance company, Kiplinger’s. Obtain a credit card in your own name if you don’t already have one. Obtain a checking and savings account in your […]
https://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.png00Karen Ulmerhttps://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.pngKaren Ulmer2013-06-07 11:23:552020-04-06 16:16:43Practical Steps in Preparing for Divorce
Most divorces proceed on the basis of no-fault or irretrievable breakdown of the marriage based on mutual consent after ninety days or two year separation, however, fault grounds for divorce can still be utilized. Under 23 Pa CS 3301(a), the fault grounds for divorce are listed and include(1) desertion for the period of one or […]
In a custody matter, court approval or permission of the parent is required prior to a relocation. A relocation would be any move that substantially interferes with the custodial rights of the other parent. 23 Pa CS 5337 lays out the specific procedures to be followed in the event of a proposed relocation. First, the […]
One of the consequences of failing to pay child support is a suspension of your driver’s license. This can happen if support is overdue by three months or more. Advance notice must be given prior to the suspension. The notice specifies the past due amount, how, when and where it can be contested. Grounds for […]
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Splitting Real Estate Outside of a Divorce
A Partition Action is the type of legal proceeding needed to divide property amongst unmarried individuals that cannot agree what to do with the property. There are two options in a partition action. One option involves physically splitting the property, if possible. The alternative option, and more likely occurrence, involves the home being sold with […]
Same-Sex Marriage & Divorce
Last month the U.S. Supreme Court found that the Defense of Marriage Act (DOMA) was unconstitutional as it violates the Fifth amendment in failing to provide due process for all. DOMA was initially enacted in 1996 and provided that the federal government could refuse to recognize same-sex marriages granted under state laws. This resulted in […]
Tax Consequences
Many clients going through family law matters will have questions regarding how they can/should file their taxes as well as what tax consequences may arise in their situation and the answers vary depending on if it’s a divorce, custody, or support matter. To start with divorce, while married parties can choose between married filing jointly […]
Post-Divorce Issues
Finally receiving the divorce decree is an accomplishment for divorcing parties, however, it does not always mean the end of the matter. If custody and support were issues were raised as part of the divorce, even though an initial resolution may have been met, both are issues which can be revisited based on change of […]
Disability Pension
Pensions are generally considered marital property and subject to distribution at the time of divorce. The pension may need to be appraised to determine the marital value of the pension, specifically in an instance where the party began accruing the benefits prior to the marriage or the parties were separated for numerous years before a […]
Morality Clauses in Family Law
Some states routinely include a morality clause as part of a divorce case. A morality clause would prevent the parties from doing certain things following separation. In family law, the clause usually prevents either party from having a new partner stay overnight while minor children of the former marriage are present. Texas is one of […]
Practical Steps in Preparing for Divorce
Many clients contemplating divorce have questions about what they should do even prior to filing for divorce to protect themselves. Below is a list of some proposed actions from personal finance company, Kiplinger’s. Obtain a credit card in your own name if you don’t already have one. Obtain a checking and savings account in your […]
Fault Grounds for Divorce
Most divorces proceed on the basis of no-fault or irretrievable breakdown of the marriage based on mutual consent after ninety days or two year separation, however, fault grounds for divorce can still be utilized. Under 23 Pa CS 3301(a), the fault grounds for divorce are listed and include(1) desertion for the period of one or […]
Custody Relocation Procedures
In a custody matter, court approval or permission of the parent is required prior to a relocation. A relocation would be any move that substantially interferes with the custodial rights of the other parent. 23 Pa CS 5337 lays out the specific procedures to be followed in the event of a proposed relocation. First, the […]
Driver’s License Suspension
One of the consequences of failing to pay child support is a suspension of your driver’s license. This can happen if support is overdue by three months or more. Advance notice must be given prior to the suspension. The notice specifies the past due amount, how, when and where it can be contested. Grounds for […]