Family Law

Movant Denied Guardianship Of Her Incapacitated Father Due To Her Being Disciplined As An Attorney

Sep 21, 2018

The court did not base its decision to deny movant guardianship of her incapacitated father on her decade-old attorney disciplinary record, though her disciplinary record was relevant to its task of appointing an appropriate guardian who would act in her father’s best interests. The court denied movant’s motion for reconsideration. Petitioner, the Philadelphia Nursing Home, […]

Mother Awarded Primary Physical Child Custody due to School Commute

Sep 09, 2018

Mother was entitled to primary physical child custody of the parties’ minor children where 50-50 custody arrangement was not viable due to the children’s school commute and mother was more nurturing and attentive, while father was ambivalent to the children’s’ needs and sometimes abusive. The court ordered shared legal child custody, with mother to have […]

Alimony Tax Changes May Affect Dynamics of 2018 Year End Divorce Proceedings

Sep 06, 2018

Alimony Tax Changes Under The Tax Cuts & Jobs Act May Affect The Dynamics Of 2018 Year End Divorce Proceedings and Settlements For years before the passage of the Tax Cuts and Jobs Act (“TCJA”), the payment of alimony would be deducted by the former spouse making the alimony payments for Federal income tax purposes […]

Father’s Petition to Modify Mother’s Primary Physical Child Custody Denied Where Shared Physical Custody is Untenable

Sep 04, 2018

Petition to modify child custody properly denied where court found maintenance of mother’s primary physical custody warranted where she fostered the child’s relationship with father and where the parties had a high-conflict relationship that would make shared physical child custody untenable. Father P.J.P. appealed from the order denying his petition for modification of the custody […]

Pending Divorce Action is Not a Basis for Forfeiture of Spousal Share of Husband’s Estate

Apr 19, 2018

Pending divorce action was not a basis for forfeiture of spousal share where grounds for divorce had been established where decedent had not filed his affidavit of consent to no-fault divorce, and where decedent’s removal from marital residence was not spouse’s refusal to support. In an estate litigation case, Patricia Scarpaci appealed from the order […]

Alimony Trends

Apr 06, 2018

In the past, most alimony awards provided for payments to former wives by breadwinning husbands. As the culture has changed, so that now most marriages include two wage earners, women are viewed as less dependents, and men are more likely to be primary parents, the courts and spousal support awards have kept pace. More and […]

Going through a Divorce Owning a Family Business? Here’s what to expect!

Feb 08, 2018

Very few life changes can impact a family business like a divorce, especially when the business is a successful and thriving establishment that has increased in value significantly over the years. For equitable distribution/divorced purposes, Spouses’ share equitably in the increase, value of the business during the marriage… Married couples rarely consider the possibility when […]

DATING DURING DIVORCE OR SEPARATION

Jan 25, 2018

Dating during divorce can have legal consequences both for the divorcing spouse and their new partner. Dating while separated can hold up and complicate the divorce proceedings, can effect custody and visitation decisions, and rarely but possibly, depending on the state, may be grounds for a lawsuit. Effects on the Divorce Dating while going through […]

REMARRIAGE AND ESTATE PLANNING

Aug 31, 2017

While property is clearly divided at the time of a divorce, other issues including future estate planning tend to be neglected. Once a remarriage happens, it’s important that all possible options are considered so that everyone is provided for in the future. READ MORE…. Nothing in a divorce can ever preclude a person […]

LEGAL SEPARATION VS. DIVORCE – WHAT IS THE DIFFERENCE?

Aug 08, 2017

We’ve all heard the horror stories about celebrity divorces where $50 million is on the line and some of the frightening statistics – about 50% of marriages split. For those reasons divorce law is one of the most lucrative fields for attorneys. However, in recent times an alternative long-term solution to an unhappy marriage is […]