Couples who have settled their divorce in Pennsylvania may recall that divorce settlement agreements are final and enforceable only if there has been a full and fair disclosure of marital assets. A recent decision of the Pennsylvania Superior Court tests this principle in a case where one spouse suspected that her husband may have been […]

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Child Custody Alienation Tactics Backfire

April 10, 2014 Child Custody

Parents who are facing custody disputes in Pennsylvania may be interested in understanding how child alienation tactics are viewed by judges in Pennsylvania courts. A recent decision of the Pennsylvania Superior Court (unpublished) illustrates the perils that may befall a parent who engages in alienation tactics.  In B.E. v. D.N., No. 1894 EDA 2013 (April […]

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16-Factor Custody Analysis Not Always Required, Says Superior Court of PA

February 4, 2014 Child Custody

Presumably, opinions of the Superior Court are published when, in the estimation of the Court, they articulate important principles of jurisprudence. So, the Superior Court was sending a message to family law practitioners when it chose to publish M.O. v. J.T.R., 2014 Pa.Super. 15 (February 4, 2014). M.O. is a custody case in which Mother […]

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Prenup Interpretation is Controlled by Context

January 20, 2014 Court Decisions

A non-precedential decision of the Superior Court, Morabito v. Morabito, No. 878 WDA 2013 (January 17, 2014) might provide a little window into the minds of our judiciary when interpreting prenuptial agreements.  The marriage in this case lasted nearly twenty years before the wife filed a complaint in divorce.  Wife initially challenged the validity of […]

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School Must Bus Kids to Both Parents’ Homes in Shared Custody Case

January 13, 2014 Child Custody

In Watts v. Mannheim Twp. S.D., No. 935 C.D. 2013 (January 7, 2014), the Commonwealth Court was confronted with the issue of whether a school district must provide bus service to the homes of both parents who share custody of their children on a week on-week off basis. The school district filed the appeal, arguing that the […]

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Documents Not Required to Prove Income Reduction in Child Support Case

January 12, 2014 Child Support

In Crouse v. Crouse, No. 639 MDA 2013 (unpublished, January 7, 2014), the mother and father settled their child and spousal support case when they first separated in 2008. At that time, Father was a principal of a corporation in the construction industry. Eleven months later, the support obligation was reduced when one of the children […]

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Too Much Sex is Grounds for Restraining Order

January 12, 2014 Court Decisions

One of the first published family law decisions this year is Boykai v. Young, 2014 PA Super 4  (January 7, 2014), a protection from abuse action arising from Bucks County. In Boykai, a husband was evicted from the marital residence and prohibited from having any contact with his wife for a period of one year, based […]

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“Excess Cash” of Professional Practice is not Marital Property in Business Valuation Divorce Case

January 1, 2014 Business Valuation

The Superior Court’s memorandum opinion in Edkin v. Edkin, No. 2017 MDA 2013 (December 23, 2013) arose from a case involving a veterinary practice in the context of divorce.  The wife in Edkin filed a divorce action in 2001. Equitable distribution hearings were held in 2002, 2003, 2004, 2007 and 2009, resulting in a master’s […]

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When Should Judges Recuse Themselves in Divorce Proceedings?

December 20, 2013 Court Decisions

In a non-precedential opinion, the Superior Court of Pennsylvania recently considered the appeal of a husband who unsuccessfully requested a judge to recuse himself from a divorce proceeding over which he was presiding. The wife was a four-term county commissioner and Republican Party-backed candidate for statewide office, in a county that is heavily Republican. The […]

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Your Testimony in a Divorce: 10 Tips for Depositions and Trials

December 3, 2013 Divorce

A divorce might be the first time — the only time — that you will be asked to testify in a deposition or court hearing.  Your testimony will be recorded, and might be compared to the testimony of other witnesses, documentary evidence, or your own testimony at an earlier or later date. You want to […]

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