Author Archives: Jay Butchko
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 »
Court Case Addresses Dissipation of Assets and Unequal Distribution of the Marital Estate
In most cases, the Pennsylvania family law courts will divide the marital estate 50/50. However, there are some cases in which the court will favor one party over the other. The dissipation of assets, or intentionally spending money or selling assets from the marital estate to prevent your former spouse from getting their fair… Read More »
Explaining Gruber Factors in a Pennsylvania Family Law Case
If you want to relocate to another state or country with your children, you’ll need to first seek court permission. The court will analyze your case by applying a set of considerations outlined in the Pennsylvania Supreme Court case Gruber v. Gruber, 583 A.2d 434 (1990). This case sets forth the framework for courts… Read More »
Divorce and Adultery: How the Pennsylvania Courts Approach the Matter
Among the many grounds on which you can file for divorce, adultery is the most popular. Adultery can influence the court’s decisions when it comes to deciding matters such as child custody, alimony, and the division of marital assets. However, it isn’t as straightforward as simply taxing a litigant for their extramarital affair, and… Read More »
What are the Key Essentials for a Prenuptial Agreement?
Creating a solid prenuptial agreement requires careful planning and strict adherence to specific legal principles. In this article, the Philadelphia family law attorneys at the Law Offices of Lauren H. Kane will go over the key essentials that make for ironclad prenuptial agreements. Full financial disclosure – Transparency is the most essential ingredient to… Read More »
How Can a Prenup Protect Me From My Partner’s Debt?
Marriage is, among other things, a financial partnership between two people who will ostensibly spend the rest of their lives together. While love can bring two people together, financial hardship can drive them apart. This is especially true when one spouse brings significant debt into the relationship. It could be student loans, credit card… Read More »
Protecting Your Financial Interests While Dividing Debt During a Divorce
During the divorce process, you won’t just be dividing your assets, you’ll also be dividing your debts. Dividing debts can be one of the most challenging aspects of divorce. For Pennsylvania couples seeking a no-fault divorce, understanding how to protect your finances during the debt division process is critical. You could be facing a… Read More »
What is the Family Law Arbitration Act?
The State of Pennsylvania adopted the Family Law Arbitration Act (FLAA) on July 7, 2024. This law allows divorce decisions related to divorce matters to be made by a qualified third party arbiter as opposed to a judge. The FLAA covers decisions related to property division, alimony, child support, and more. The arbitrator, who… Read More »
What Constitutes “Cruel and Barbarous Treatment” For the Purpose of Divorce in Pennsylvania?
Essentially, each state makes up its own rules for divorce. Today, all states allow for what are known as “no-fault grounds.” In other words, you don’t have to “blame” the other spouse for the breakdown of the marriage; you can just say that “irreconcilable differences” make the marriage unsustainable. Some states, however, like Pennsylvania,… Read More »