Author Archives: Jay Butchko
Alimony Awards in Pennsylvania Divorce Cases
What is the purpose of alimony? Generally speaking, the courts award alimony to one spouse when they cannot support themselves with their own finances. This buys the spouse time to become financially viable on their own. It is not, for example, to be used as punishment for marital misconduct or to “repay” the spouse… Read More »
Simeone v. Simeone: How Pennsylvania Courts View Prenuptial Agreements
A prenuptial agreement can offer clarity and protection for both spouses. On the other hand, it can also spark fierce disputes when the marriage ends. In Pennsylvania, the landmark case of Simeone v. Simeone defined how courts evaluate these agreements. The case remains the foundation for modern Pennsylvania family law on prenuptial agreements. Background… Read More »
Pennsylvania Court Weighs in on Child Custody Case
Few issues that are resolved in divorce are more emotional than custody concerns. Parents love their children and want to spend time with them. In some cases, this pits them against one another in court. Such was the case with M.J.M. v. M.L.G. In this article, the Philadelphia child custody lawyers at the Law… Read More »
B.L. v. L.S.: How Pennsylvania Courts Handle Contested Custody Agreements
Custody disputes can be extremely challenging for all parties involved. Parents almost always believe that they’re acting in their child’s best interests, but have very different definitions about what that entails. The Pennsylvania courts need to balance these situations carefully by applying the “best interests of the child” standard in custody cases while respecting… Read More »
Long v. Long: Clarifying What Counts as Alimony in Pennsylvania
When a marriage ends, financial arrangements between former spouses can take on many forms. Each form serves a different legal purpose. Confusing one for another can have costly consequences. The Pennsylvania Superior Court’s decision in Long v. Long provides important guidance on how courts determine whether post-divorce payments actually qualify as “alimony” under Pennsylvania… Read More »
What is the “Date of Separation” and How Does it Influence Marital Property Decisions After Divorce?
The date of separation is a crucial concept when it comes to Pennsylvania divorces. It has significant implications for how property is divided during your divorce. It acts as a dividing line that distinguishes property that is subject to equitable distribution from separate property that is owned solely by one spouse. In this article,… Read More »
Can My Actions Influence How Property is Divided in a Pennsylvania Divorce?
In Pennsylvania, the division of marital property during your divorce will follow the principle of equitable distribution, which aims at a fair (but not necessarily equal) division of assets and debts. While marital misconduct, such as adultery, will not necessarily impact property division, a spouse’s conduct can, in some cases, influence equitable distribution. This… Read More »
What is a Status Conference in a Pennsylvania Divorce?
A status conference is a formal court meeting during which the judge or a court-appointed hearing officer reviews the progress of your divorce case. The judge wants to check in to see how you’re advancing, ensuring that the divorce proceedings are moving forward efficiently and both parties are complying with court requirements. In this… Read More »
How Can I Be Separated While Living Under the Same Roof as My Spouse?
The State of Pennsylvania allows couples to legally separate even while they’re living under the same roof, as long as they’ve ceased “cohabitation” and one party has clearly demonstrated the intent to dissolve the marriage. In some cases, you may need to prove precisely when your date of separation was. It can be more… Read More »
Can You Relocate With Your Children in Pennsylvania?
You are allowed to relocate with your children in Pennsylvania, but you must go through the process of getting the court’s permission (or your former spouse’s) before you do so. One Pennsylvania court case that demonstrated this issue is Collins v. Collins. Background of the case The Collins case involved a dispute over child… Read More »