Vacation (Custody) All I Ever Wanted

With the arrival of Memorial Day weekend and the official kick off of summer, it seemed a good time to share my post regarding vacation custody time. While another year has passed, the thoughts remain and will likely continue to be true. If you have a child, and the other parent has ANY custody time, I strongly suggest you read the below post, and contact me if you find yourself in a situation requiring legal assistance.  I am sure that if you haven’t already, at some point this summer just about all of you have had a conversation with a…

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Same-Sex Marriage – Now We Know a Little More

  Last year, on the anniversary of a very significant court case which changed the laws regarding same-sex marriage, I posted about how the change in Pennsylvania and Federal law to recognize the right for individuals to engage in same-sex marriages still left a whole lot of unanswered questions about how exactly that was going to work through the court system. (See the post at https://uncouplingpittsburgh.com/same-sex-divorce-what-we-know-so-far/). While the change in law clearly affected parties getting married prospectively, there were many unanswered questions about what would happen if a party who entered into a relationship prior to the change in law…

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Tax Season is Coming

Many folks are filled with dread at the mere thought of having to sit down, pull out their W-2s, and work their way through that 1040. For many people, tax season is always a headache and one they would prefer to avoid, if at all possible. For parties who have recently separated or divorced, tax season can bring with it a host of other issues that must be addressed in order to complete their taxes and file same in a manner that is not going to get them audited.  If you have recently divorced or separated, you should consult with…

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The Wait is Over. Or at least shorter.

The change in Pennsylvania’s Divorce Code allowing for a one year waiting period is now officially in affect. Any couples separating after December 5, 2016 will have a one year waiting period to seek a divorce instead of the prior two year waiting period. Wondering how this change could effect your divorce? Contact me to find out.

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DIVORCE LAW CHANGES

Its Official. On Tuesday, October 4th, Governor Wolf signed what was HB 380, which is now PA law regarding the waiting period for a contested divorce. The law becomes effective 60 after it’s signing (December 3). Under the new law, parties who separate after December 3, 2016 will only need to live separate and apart for a period of one year to move forward with a divorce action without the other parties’ consent.

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SHOULD I STAY OR SHOULD I GO NOW? – Another legislative update

It’s happening again. There has been another push to pass House Bill 380, which would shorten the waiting period for a no fault, contested divorce from the current two (2) years to only one (1) year. It looks like it is going to happen. Of great importance, the Bill, in its current form, is not retroactive. As set forth in its current version: “The amendment of 23 Pa.C.S. §§ 3301(d) and 3323(g)(3) shall apply to periods of living separate and apart that commence after the effective date of this section.” All signs are pointing to the Bill being signed into…

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Will You Have to Pay Alimony to Your Ex-Husband?

This is becoming more an more of an issue.   alimony is still “alive and well in Pennsylvania” and it is gender blind. While no one likes to hear that they will be obligated to pay alimony, the fact that more and more women are the ones obligated to pay is a sign of our changing times.   Read more blow about  these changes. Will You Have to Pay Alimony to Your Ex-Husband?: Ladies, we have been making some serious progress when it comes to income over the last few decades, but with great paychecks come great responsibilities…

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Should I Stay or Should I Go Now: A Legislative Update

Some of you may have read my prior blog posts regarding establishing separation and how that can affect your rights to support, custody, equitable distribution, and ultimately, a Decree in Divorce. As I mentioned in those posts, in Pennsylvania we have what we call a two-year waiting period. What this ends up meaning is if one spouse wants to have a divorce and the other does not, the parties must be living separate and apart for a period of at least two years before the court has the right to issue a Decree in Divorce. For example, here in Allegheny…

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Making “Mine” “Ours” – Transmutation of Property

MAKING MINE OURS – The Transmutation of  Property In my recent post regarding marital property, I made a reference to the concept of transmutation. As I mentioned in that post, this is a rather unusual, made-up lawyer word for what happens when somebody changes a piece of separate property into marital property. Under the Divorce Code there are certain items of property that are excluded from the marital estate and which are not to be equitably divided by the parties (or the court). These excluded properties basically boil down to the following: Gifts received during the marriage; Inheritances received during…

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No Place Like Home for the Holidays

A few Thoughts on the Holidays First, let me start by apologizing for my delay in getting this blogpost out. It certainly would have been more applicable a few weeks ago prior to the Hanukkah holiday. Nonetheless, some of the takeaways from this post will be useful throughout the year. On the Simpsons, Helen Lovejoy is often quoted as saying, “Will someone please think of the children?” I think this is a particularly appropriate sentiment during the holiday season. For families who have not been “intact” for some time or others who are going through transition, oftentimes stress of the…

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A Few More Thoughts on the Holidays

A FEW MORE THOUGHTS ON THE HOLIDAYS While the focus of my last blog post was on people facing the holidays who have separated, I think it’s important to recognize the fact that there are many individuals, some of whom are reading this, who have decided to “stick it out” through the holiday season. A cursory review of statistics will show you that there is a significant spike in filing for divorce January through March. As a practitioner, I can assure you that a large portion of this is attributed to people deciding to “stick it out through the holidays”…

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CHILD CUSTODY – YOURS MINE OUR – ALWAYS OURS

Rebecca A. Myers, Esquire February 1 at 3:38pm ·  Yours, Mine, Ours, ALWAYS Ours – Child Custody Custody litigation can be emotionally exhausting and financially devastating. I think that some of this happens because people do not fully understand: 1) how the court system operates; or2) what the court system typically does or thinks about you and your kids. The title of my post is important. As I discussed last week, property can be divided–you can each take half of the bank account, you can sell off the house, etc. THINGS are divisible. THINGS can break down into his and hers…

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Happy New Year 2016

Happy New Year and may 2016 bring the best to all of you reading this! I will keep things relatively light since it is New Year’s and I am sure some of you are recovering from last evening’s festivities while others prepare for a traditional New Years dinner. Some of you are facing both. I wish you the best in your efforts to survive eating sauerkraut while hungover. I don’t know what 2016 will hold for myself or for any of you reading this. I do know that I have resolved to try to use this blog to provide people…

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