Archive for the ‘Divorce’ Category

The Right to Divorce for Same-Sex Couples

The recent U.S. Supreme Court Ruling in Obergefell v. Hodges declared unconstitutional any state law which prohibited same-sex marriage.   This ruling not only protects a same-sex couple’s right to marry, but also their right to divorce.  Divorce laws are governed by state and vary from state to state.  Prior to this ruling, a same-sex couple who was legally married in one state, but lived in a state that did not recognize their marriage, could not avail themselves to the protections of divorce, custody or support laws of that state.  This meant gay couples, especially those with children, looking to divorce were left with difficult decisions.  Couples either had to have the foresight to carefully draft domestic-partnership agreements, or litigate property issues under property or landlord tenant laws which do not afford the same protections as divorce laws.  Since this Supreme Court ruling, all married couples are now protected by divorce laws in each state. (more…)

Who Gets the Family Dog in a Divorce?

There is no custody court for pets of divorcing parties.  So, even though many people consider their pets to be another member of the family, a pet will be treated as property and dealt with through the equitable division of marital property.   (more…)

Court Enforces Intent of Marriage Settlement Agreement

A recent case decided by the Dauphin County Court of Common Pleas demonstrates the ingenuity, even if ineffective, with which some litigants attempt to discharge their duties under Marriage Settlement Agreements (MSA). (more…)

In Pennsylvania what are the Grounds for Divorce?

Pennsylvania has both “fault” grounds for divorce and “no fault” grounds for divorce.  In either case, the spouse initiating the divorce must file a complaint, suing the other spouse, to commence the action.  In a “no fault” divorce, the law does not require blame or alleged misconduct on either party, but does require that the marriage be “irretrievably broken”. (more…)

Do I have to Change Beneficiaries After a Divorce Decree or Marriage Settlement Agreement that Decides on Ownership of Accounts, Insurance Proceeds, Etc.

When a marriage is being dissolved, the myriad of questions which must be determined include ownership or beneficiary status on things like retirement accounts, pensions, 401(k) accounts, life insurance, as well as stock and bond ownership, real estate title, ownership of other financial assets, etc.  So long as the assets are presented to a Master in a contested divorce, the Master should include distribution or the requirements for distribution in the order recommended to the Court to resolve the matter.  (more…)

What do I Need to Know about Divorce

In each state divorce is based on that state’s statutory enactment and case law.  There is no federal law which applies to all parts of the country. (more…)

10 Things You Should Do During Divorce Litigation

A recent article published on suggested seven things you should consider doing during a Divorce, and specifically, during Divorce Litigation.  After reading the article, it became apparent that the converse was not necessarily implied.  So here, Foreman & Caraciolo, P.C. is suggesting ten things that you should not do during divorce litigation: (more…)

How do I get a Divorce in Pennsylvania?

In Pennsylvania, the process of filing for a divorce may seem relatively straightforward, however, to file and finalize a divorce action is often more complicated than the paperwork alone.  According to the Pennsylvania Rules of Civil Procedure, a divorce action starts with one party to a marriage filing a Divorce Complaint with the Prothonotary of a county Court of Common Pleas.  The person who initiates the Divorce Action is named the Plaintiff on the Divorce Complaint and the other party to the marriage is named the Defendant.  The complaint may be filed in any county in which the Plaintiff or the Defendant reside, or upon which the parties have agreed.  The initial decision on where to file the divorce complaint may have consequences including filing fees, local rules that modify the Pennsylvania Rules, and travel.  (more…)

Enforcement of Marital Settlement Agreement

The Pennsylvania Superior Court recently decided a case challenging a Post-Nuptial Marital Settlement Agreement (MSA), demonstrating the wisdom of involving competent counsel in preparing and executing agreements, either before or after marriage, in resolving equitable distribution, support or other economic issues. (more…)

Protect your Credit in a Divorce

Divorces can be expensive, emotionally taxing, stressful, unpleasant and derail the best of plans.  Your credit worthiness can also be negatively impacted in a divorce. (more…)