Category Archives: Family Law
How the Pennsylvania Courts Resolve Custody Contests Involving Third Parties
Custody disputes in Pennsylvania can often be emotionally charged. This is especially true in cases involving more than two parents. In cases where the child resided with someone other than their biological parents for an extended period of time, the court will often be called upon to determine whether the interests of the child… Read More »
How Pennsylvania Courts Resolve Contested Alimony Disputes
One of the most disputed and contentious issues in a divorce action is alimony. Alimony is unlike child support, which is mandatory. In a divorce action, alimony is discretionary. Therefore, the trial courts have considerable discretion when awarding alimony to one party. When a litigant appeals a decision on alimony, it is carefully scrutinized… Read More »
When an Uneven Division of Marital Property Is Upheld in Philadelphia Divorce Court
In Pennsylvania, the distribution of marital property is subject to an “equitable distribution” standard, which means that the division of the marital estate will not necessarily be even. Many people assume that unless the distribution is equal, the decision can be appealed. However, the discretion of the trial court can be very wide, meaning… Read More »
Coping with the Grief of Divorce
We think of grief in terms of the death of a loved one, but it’s important to realize that grief is present whenever there is a major disruption to our lives. When we recognize this, we can take control of the grieving process, work through our emotions in a healthy way, and come out… Read More »
Study: Divorce Associated with COVID Morbidity
A recent study published by the International Journal of General Medicine discussed some of the risk factors concerning COVID-19 mortality and various other factors such as race, income, population density, and marriage. The study did not reach a conclusion concerning causation, but COVID-19 mortality was worse for those who were divorced than it was… Read More »
When Can You Modify a Custody Agreement That’s Already Put into Place?
One of the most common questions that parents ask of their divorce lawyers is: “Can we change the child custody agreement?” The short answer to this question is “yes,” custody agreements are not necessarily permanent. But courts don’t want to be bombarded with petitions either, so they put a high bar on the standard…. Read More »
Understanding Equitable Distribution in Pennsylvania Family Law Cases
Pennsylvania is an equitable distribution state. While the courts will generally divide the marital estate 50/50, they sometimes favor one spouse by allotting them more of the marital estate than the other. There are several statutory factors that guide judges on equitable distribution. Suffice it to say, if one spouse would be left in… Read More »
Gruber v. Gruber: Understanding Pennsylvania’s Relocation Law
When divorced parents share custody of their children, there are very few issues that cause as much tension as one parent’s desire to relocate with their minor child. Whether the move is for a new job or a new relationship, relocation cases force the courts to balance the parents’ freedom to move against the… Read More »
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 »