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Category Archives: Blog

The Problems with Joint Legal Custody: When Household Rules Differ

MILITARY PENSION UPDATE

On December 23, 2016, President Obama approved the National Defense Authorization Act for Fiscal Year 2017. Simply put, a time based coverture fraction will no longer be accepted by the Defense Finance and Accounting Service. This has a significant impact on our use and drafting of Military Retired Pay Division Orders (“MRPDO’s) for those folks …

THE BEAUTY OF COLLABORATIVE LAW

There’s a New Sheriff in town, and that Sheriff is a hybrid. Traditionally, people contemplating Divorce had one choice: each side hires a Family Lawyer and they begin the arduous, expensive, exhausting and sometimes pointless process of litigating Custody, Support, Alimony, Division of Property, etc. in a courtroom setting. This can serve to increase hostility …

Social Media Strikes Again

We preach it all the time; it’s even in our Fee Agreements: Postings on Facebook, Linkedin, Instagram and other social media sites can be absolutely deadly. For example, a person who maintains her or she can’t work, in the context of a Child Support case, will make posts saying how much money they are making …

GRANDPARENTS CUSTODY RIGHTS: CHIPPING AWAY AT THEIR ABILITY TO GAIN CUSTODY

Before September 9, 2016, Grandparents could Petition the Court to seek partial custody of their grandchild if that grandchild’s parents had been separated for six months or more. The Pennsylvania Supreme Court, in the case D.P. and B.P. v. G.J.P. and A.P., decided that reason is no longer available and legal. The Court held that fit parents have …

AMENDMENT TO PENNSYLVANIA DIVORCE CODE REDUCES WAITING PERIOD IN A NON-CONSENT NO-FAULT DIVORCE FROM TWO YEARS TO ONE YEAR

The Governor of Pennsylvania signed into law a major change to the Pennsylvania Divorce law. Before this amendment, a person who wished to be divorced from his or her spouse, in cases where the other spouse would not consent to a divorce, had to wait two years from the date the parties separated in order …

DIVIDING PROPERTY IN A DIVORCE: SOMETIMES IT TAKES A SOLOMON TO DIVIDE ASSETS EQUITABLY

Property division in Pennsylvania divorces sometimes takes a Solomon-like approach in order to achieve a fair and equitable division of these assets during divorce. Pennsylvania is an Equitable Distribution state. This does not necessarily mean an equal, or 50-50% sharing of assets, in every case. The word “equitable” in the above phrase means “fair”, not …

No-Fault Divorce in Pennsylvania

Prior to 1980, in order to get divorced in Pennsylvania, fault needed to be proven by the party seeking the divorce. This was nothing short of messy, messy, messy. Not only did the party who had wished to be divorced need to prove that the other party was at fault in order to end the …

PENNSYLVANIA TRIAL COURT RECOGNIZES SAME-SEX COMMON LAW MARRIAGE ORIGINATING IN 1995

In a case from Delaware County, Pennsylvania, which was decided on March 21, 2016, The Honorable Barry Dozer held that in a case where two same-sex people met in 1968, began dating in 1974, moved in together 1975, and bought a condo in 1995 in both of their names, that these people should be considered …

A PROPERTY AGREEMENT SIGNED TO SETTLE A DIVORCE IS BOUND BY CONTRACT LAW

In a May 2016 Pennsylvania Appellate Court decision, Gardell v. Gardell, Wife in a Divorce action signed a Property Settlement Agreement at a time when she claimed that she was not aware of the value of Husband’s retirement accounts. After that Agreement was signed, and after a Divorce Decree was entered, Wife had second thoughts. …

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SchwartzJordan Law Group LLC
1801 Market Street
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Philadelphia, PA 19103

Phone: 215-967-9070
Fax: 215-967-9415
Email: lee@schwartzjordan.com
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