Pennsylvania Divorce Blog

Things to Consider Including in a Marital Settlement Agreement: Part I - Car Insurance

2009-02-27T14:19:00.004-05:00

When you are going through the divorce process, one of the things that often gets the most attention (and often litigation) is who gets what. Who gets the house, the car, the retirement plans, the antique dresser, the cat, and the Christmas lights. In other words, who gets what "stuff." The other thing that gets the most attention is child custody and child support. In Pennsylvania, a basic

Lesbian Couples' Custody Battle Ends

2009-02-25T10:32:00.004-05:00

Visitation awarded; Gay custody battle had dragged on for two yearsBy Matt Snyder Herald Staff WriterFebruary 23, 2009 MERCER COUNTY — After two years of court battle, Lisa Lewis will get to spend time with the girl she helped to raise for five years.In granting the Sharon woman visitation

Child Support and Child Custody - Intertwined but Separate.

2009-02-23T11:02:00.010-05:00

In Pennsylvania, child custody determinations are made using a Best Interest of the Child standard. However, child support is calculated using a standardized guidelines calculation. What's the difference? In child custody cases the court looks at the facts of each individual case to make a determination. In child support cases, the court simply applies the incomes of each parent to a formulaic

Children Are Not Pawns in the Game of Divorce

2009-02-19T14:45:00.004-05:00

According to Georgia Witkin, Ph.D. in her book KidStress, University of Missouri researchers found that children who lived with both parents had lower stress levels than children living with a single parent. Children living with a single parent living with relatives had the same stress level as children who live with both parents. Does that mean you should stay in a bad, unloving marriage for

What's in a name? And should/can you change yours or the kids' after divorce?

2009-02-17T10:31:00.009-05:00

Spring is around the corner, or at least that's what I've been promising my kids all winter long! Yesterday, my four-year-old and I sat down for a carpet picnic to at least simulate the joys of Summer. As we were preparing the feast she realized we didn't have any grapes and she reeeaaally wanted grapes, in a way that only a four-year-old can really want something. I offered her raisins with

Wanting Out, But Nowhere To Go?

2009-02-16T14:43:00.007-05:00

The other day one of my clients told me she wanted to file for divorce and leave the marital residence, but had nowhere to go. She had no family in Harrisburg or even in Dauphin County. She didn't want to move the kids out of their schools in order to move closer to family. Even with child support and spousal support, she couldn't afford housing large enough to comfortably fit her and her three

You Know You Need Help When: Your Soon-To-Be Ex Is Crazy But Nobody Knows It But You!

2009-02-15T20:02:00.007-05:00

A dear friend who lives out of state and far from Harrisburg is going through a never ending custody battle. This battle has been repeated every year for the six years since the divorce was finalized. It is clear to everyone who knows her that her ex-husband is a sociopath and is motivated only by making her life miserable. What is unfortunate is that she has never been able to communicate his

Divorcing on Facebook?

2009-02-06T00:23:00.003-05:00

Well, as I just posted yesterday, Facebook seems to be changing the divorce process. Not only has it been used to find evidence of adultery but now, at least one spouse has used the Facebook network to announce his intentions to divorce. In this case, according to the Daily Mail, a husband posted to Facebook that "Neil Brady has ended his marriage to Emma Brady." Generally, one might see that

Adultery, Infidelity and Facebook

2009-02-05T15:23:00.004-05:00

Facebook, MySpace and the like have become social sites for more than the highschool and college single crowd. Married people in their 30's, 40's and 50's have all begun to use these social sites for business networking, reconnecting with highschool and college friends, and keeping in touch with long distance relatives. But, beware! The things that you post on these sites, the pictures that

New York's Same Sex Couples Can Inherit Estate

2009-02-04T15:21:00.004-05:00

New York recognized a same-sex couple's Canadian marriage in probate court with a decision filed February 3, 2009. Matter of the Estate of H. Kenneth Ranftle, File No. 4585-2008 (N.Y.L.J., Feb. 3, 2009. This is the first time that a New York surrogate court has recognized a same sex marriage contracted out of state according to Professor Leonard of NYU Law School. Leiby and Ranftle had been

Co-Parenting, Control and Food Wars

2009-01-06T16:30:00.005-05:00

This is an interesting article that shows how seemingly "minor" conflicts in post-divorce parenting can become World War III custody battles. In this case the mom believed the father should lose custody because he packed the child a go-gurt and doritos type of lunch rather than a vegetarian, whole foods lunch. As a family law attorney I have seen how conflicts between parenting styles can

Military Divorce and the 20-20-20 Rule

2008-12-31T15:27:00.003-05:00

I have a long family history of military involvement. The Pennsylvania Army National Guard, in particular, is a favorite military choice of many of my relatives. Others have joined the Marines, Air Force and Navy. My family has served here, in the Gulf War, in World War II, in Vietnam and recently my brother served three tours in Iraq with the Marines. I am proud of them all and thankful for

Divorce, Housing & the Economy

2008-12-31T00:24:00.002-05:00

I have been hearing buzz that more and more "separating" or divorcing couples have decided to remain living together due to the economic infeasibility of maintaining two households given the current economy. While it is not ideal for unhappy couples to continue to remain under the same household unless they can set their differences aside, especially when there are children involved, ideal and

Rights of First Refusal in Custody

2008-11-06T22:51:00.006-05:00

Good idea or nightmare waiting to happen? Some couples have included provisions in their custody agreement that the non-custodial parent has a right of first refusal to exercise custody of the children when the custodial parent needs to leave the children with a sitter. The benefit is that the children get to see the other parent more than otherwise provided for in the couple's standard custody

Military Deployment Doesn't Mean You Lose Custody of Your Children

2008-11-06T16:40:00.005-05:00

It is just amazing that it requires a law to make sure that common sense is used... //Arrays for article's elements var titleSize = new Array("18px", "22px", "26px"); var bylineSize = new Array("12px", "16px", "20px"); var dateSize = new Array("11px", "16px", "20px"); var bodySize = new Array("12px", "16px", "20px"); var

Passports And Child Support Collection

2008-10-29T12:44:00.003-04:00

Passports are fast becoming a valuable tool in child support enforcement. In 1999, the Department of State began denying passports to persons who were delinquent in child support payments. According to the Associated Press states reported collecting $22.5 million in 2007, thanks to the program. Now with passports necessary for travel to Mexico and soon Canada, it is likely that the program

Medical Benefits, COBRA, and Divorce

2008-10-23T09:55:00.005-04:00

Beware of failing to notify your employer regarding the entry of a divorce decree! Upon divorce, ex-spouses can no longer maintain each other under employer paid health insurance policies except through the Consolidated Omnibus Budget Reform Act (COBRA). By electing COBRA an ex-spouse can generally maintain coverage for up to thirty-six (36) months. Some parties choose to negotiate payment of