Schwartz, Fox & Saltzman, LLC. – Philadelphia Divorce Lawyers
The answer is; it depends on a number of factors. Naturally, people seeking divorce desire a level of legal and financial certainty during this difficult process. It is impossible to predict the precise cost of divorce as many factors can
Yes, you should disclose all information regarding your marriage to your divorce lawyer. While some information may be unpleasant or embarrassing to discuss, your divorce lawyer cannot properly represent you during your divorce, custody or other proceeding if they are
Obtaining a divorce can be a mentally and emotionally draining process. While the divorce process allows you to exit a toxic relationship and start a new chapter of your life, you should also take steps to protect your hard-earned assets.
Pennsylvania used to be a fault-based divorce state, meaning spouses could only get divorced by proving marital misconduct. However, the state became a no-fault divorce jurisdiction in 1980, allowing Pennsylvanian couples to divorce without requiring fault from either spouse. The
Consulting a divorce attorney is the beginning of a difficult and potentially lengthy legal process. You can prepare for your consultation by: Researching divorce options, e.g., contested, uncontested, mediation and collaborative Gathering financial documents, e.g., tax returns, income statements,
Property division can be a heavily contested issue during a divorce. Pennsylvania uses an “equitable distribution” approach when dividing marital property and debts. The equitable distribution process does not necessarily mean each spouse obtains an equal share of the marital
If you and your spouse have decided to divorce, a marital settlement agreement may be required to divide your assets and debts.Specifically, a marital settlement agreement will be the “roadmap” to resolve, some or all, of the issues which arise
Credits to: https://whyy.org/articles/divorced-parents-in-pennsylvania-taking-kids-covid-vaccine-disputes-to-court/ Listen 6:28 The COVID-19 pandemic has changed everything. What should we know about how you approach the world now? How has the pandemic changed your social life, your work life, your interactions with your neighbors? Get in touch here.
In the state of Pennsylvania a judge may grant a Protection From Abuse (PFA) order to safeguard an individual who is at risk of being physically or sexually abused. If you believe you need a PFA filed on your behalf,
To initiate a legal claim against someone, such as a divorce action, you need to serve them. This is because you must provide them notice and an opportunity to respond. This can be difficult but possible if you have not
Yes, you can obtain a divorce without your spouse’s signature. There are many reasons why spouses refuse to sign. Sometimes a spouse cannot be located or the spouse does not want the marriage to end. Your Spouse Doesn’t Need to
You and your spouse want to work together to resolve the issues arising from your divorce, such as child custody, child support, alimony, and the distribution of marital property, and you’ve heard of the various alternative dispute resolution methods such
You’ve heard that a mediated divorce is quicker and less expensive than a litigated divorce. Mediation also gives you and your spouse control over the process and the outcome, rather than letting the court decide. But what is your strategy
You’ve heard divorce mediation is much less expensive than an adversarial divorce, and that is correct – but there are so many more benefits to divorce mediation over litigation. If you and your spouse are willing to negotiate and resolve
You and your spouse have decided to minimize the stress and expense of divorce by engaging in divorce mediation. Effective divorce mediation requires a good mediator. The question then becomes; how do you find a divorce mediator? The divorce mediation
You know you have options when it comes to your divorce, but how do you know what option is best for you and your family? The Philadelphia divorce lawyers and divorce mediators at Schwartz, Fox & Saltzman explain the differences
If you and your spouse have agreed to engage in divorce mediation to have an amicable, uncontested divorce, you don’t need to hire a divorce attorney, right? Wrong – perhaps. There are certain circumstances in which you need the advice
Divorce is painful and in many cases can be made less so if you and your spouse agree to mediate the issues arising from your divorce, and perhaps file an uncontested divorce. But when is divorce mediation not appropriate? The
16 Things Not to Do During Divorce Mediation Are you divorcing and considering trying divorce mediation? This informative article by the divorce mediation lawyers at SFS Attorneys gives you the top sixteen behaviors to avoid during mediation to get the
How to Emotionally Prepare for Divorce Mediation Couples use divorce mediation to help them agree on issues such as child custody, child support, spousal support, and property distribution. You and your spouse are considering entering into divorce mediation as an
How to Do Divorce Mediation with a Narcissist Divorce is difficult on families even in the best of circumstances, but when one party has narcissistic personality disorder, reaching an agreement on issues such as child custody, child support, spousal support,
Once you’ve decided to divorce, you want it over quickly. You’ve heard divorce mediation is quicker and less expensive than divorce litigation, but how much quicker? How much less expensive? The Philadelphia divorce mediation lawyers at Schwartz, Fox & Saltzman
The short answer is yes, you can get a divorce with just mediation in Pennsylvania. In this article, the Philadelphia divorce mediation lawyers at Schwartz, Fox & Saltzman explain what divorce mediation is, how to complete the divorce process using
15 Questions to Ask a Divorce Mediator Considering divorce mediation? Divorce mediation is a popular form of alternative dispute resolution that allows couples to craft their own support, custody, and property distribution arrangements and avoid going to court. Here are
How To Use Mediation in a Divorce If you and your spouse have agreed to divorce, agree on some, or perhaps all, issues arising from divorce, and are seeking a way to resolve some outstanding issues without getting the court
If you are a business owner considering divorce, you are right to be concerned about how your business is treated by the court. Pennsylvania is an “equitable distribution” state, meaning, marital assets are divided fairly between spouses, not necessarily equally.
According to the CDC, almost half of marriages in the U.S. end in divorce. You believe yours might be one of them, but your spouse wants to keep trying to make it work or refuses to discuss divorce. What can
According to the CDC, almost half of all marriages in the U.S. end in divorce. The odds are that you may count your marriage among them. That said, you and your spouse can minimize angst and suffering by agreeing to
From The Philadelphia Inquirer, February 1, 2022: Domestic violence homicides were up 240% last year. Why is Philly getting guns from so few accused abusers? Gun violence has made too many of our fellow Philadelphians live in fear of leaving
The idea of compromising with someone you are divorcing may seem far-fetched at first. What makes compromise possible even under the most difficult emotional circumstances is the presence and guidance of a trained divorce mediator. You’ve heard the horror stories
Are you and your spouse considering divorce, and One of you earns substantially more than the other? Someone has inherited family wealth or receives funds held in trust? Someone owns a business? Someone is due deferred compensation or has unvested
Typically, both parties in a marriage are named on the deed and the mortgage when they jointly own real property. However, there are some instances where only one of the two parties is responsible for paying the mortgage. This is
Tools to Help Achieve and Maintain Neutrality By Lee A. Schwartz and Carolyn M. Zack As family lawyers, we practice the art of civil litigation as we would engage in battle. We burnish the armor of our client’s cause, shore
Beginning January 2005, claims of common law marriage for all relationships which began after that date, became illegal and unenforceable. Relationships prior to that date were “grandfathered in” and remained a claim that could be made. With that being said,
Does a Long Separation Lead to an Automatic Divorce in Pennsylvania? If you have ever heard the saying, “if it is too easy, or too good to be true, then it probably is”? That is the spot on answer to
When you are divorcing in Pennsylvania, community property is likely one of the top concerns. What Community Property Means Community property is generally known as the 50/50 rule. It means that in the event of a divorce, each spouse is
Filing for Child Support If the Other Parent is in Jail The Pennsylvania Department of Corrections reports that greater than 81,000 children in PA have a parent in jail. Regardless of whether you are the parent receiving the support or
Child Support Arrears & Passport Suspension It might come as a surprise to many to learn that if you owe $2,500 or more in child support, you are not eligible to receive a U.S. passport. However, those who care about
Preparing For Your Child Support Consultation Ensuring your child has the means available to enjoy a healthy and stable life is the goal of caring parents. Many times the best way to provide that stability is through Court-ordered child support,
How a Criminal Record Affects Your Child Custody Case in Pennsylvania In Pennsylvania, a criminal record can contain arrests, information collected by criminal justice agencies, and more.While most information in a criminal record is not an automatic bar to child
How Adultery Affects Your Child Custody Battle in Pennsylvania While adultery can be relevant in some aspects of a divorce case in Pennsylvania, it usually does not affect child support obligations nor child custody in most instances. Adultery & Child
Pursuing child custody is a stressful and very emotion-packed process. Always remember that the Court focuses on what it believes, based on the evidence presented, is in the child’s best interest. This article by our child custody attorneys in Philadelphia
How Depression Could Affect Your Child Custody Case in Pennsylvania When going through a divorce and child custody, there is an extreme amount of stress, significant change and uncertainty and it is normal to be emotional, scared, and sad. However,
Stay-at-home parenting is a viable option in today’s world. There are certainly economic issues to be addressed, but an at-home parent can obtain custodial rights. In the event of divorce or separation, stay-at-home moms have the same legal rights as any other
Special Needs Child Support in Pennsylvania In Pennsylvania, children with special needs receive additional support because the mathematical formulas used to calculate child support do not independently take into account those additional expenses that the child needs. Evidence that items
What Happens When an Unmarried Couple With a Child Separate in Pennsylvania? When an unmarried couple with a child separates in Pennsylvania, both parents have rights and responsibilities related to the child. How to Prepare for Separating as Unmarried Parents
What is “Shared Legal Custody” in PA? Learn about what shared legal custody is in Pennsylvania from noted PA child custody lawyer Lee A. Schwartz, Esq. The PA child custody lawyers at Schwartz, Fox & Saltzman, LLC have over 40
In Pennsylvania, the general rule is that parents have a financial duty to support their children. Regularly occurring payments to the custodial parent, health insurance coverage for the child, and school tuition payments are examples of child support. In the
Child Support Holiday Schedules in Pennsylvania When a family unit dissolves during a divorce, “family holidays” and traditions are also affected. It is within everyone’s interest to minimize the effect on the children, encourage the parental/child bond, and build new
Child Custody for Grandparents In Pennsylvania, the Grandparent Visitation Act expanded the rights of grandparents to seek custody in certain circumstances. There are two types of custody that can be sought, legal custody and physical custody. Grandparents can seek one
A GET: A Get is a Jewish religious divorce. In the Jewish religion, the only way a party can re-marry is by the Rabbinical Religious Court, called a Beit Din, granting a Jewish Divorce, or Get. According to Jewish law,
Our law firm has handled divorce, property division, spousal support, alimony pendente lite and child support matters, when people live overseas, but have Philadelphia area family law cases in court. We have experience representing people living in North America, South
Schwartz, Fox & Saltzman, LLC Firm has considerable experience in child custody matters involving children traveling outside of the United States. We have been litigating these matters in Southeastern Pennsylvania courts for several decades. International custody cases are a unique
Yes, if you earn more than the child’s other parent, you will need to pay child support in Pennsylvania even if you have 50/50 custody. Learn the circumstances under which a parent must pay child support even if they share
Child custody arrangements in PA vary greatly depending upon families’ needs, desires, resources, and parental fitness. Ultimately, a court decides who gets custody based upon the best interests of the child. This article explains the types of child custody arrangements
Learn how long a divorce can take and what factors and issues can prolong divorce proceedings from the Pennsylvania divorce lawyers at Schwartz, Fox & Saltzman, LLC. A divorce in Pennsylvania can be completed in as little as 90 days
What is the difference between a separation agreement and a divorce decree in Pennsylvania? They are quite different in the eyes of the law. Learn the differences between a marital separation agreement and a divorce decree from the PA divorce
Custody Officer’s Oblication To Consider Factors Interviewing Children In a 2021 Pennsylvania Superior Court appellate case, K.B. V. M.F., the PennsylvaniaSuperior Court has spoken to the custom, in many Custody Officer level proceedings, of notinterview children in making an interim
How to File for Child Custody in PA Wondering how to file for child custody in Pennsylvania? This article will tell you how.The PA child custody lawyers at Schwartz, Fox & Saltzman, LLC have over forty years of experience with
Obtaining Sole Custody in PA: A Guide Wondering how to file for sole custody of your child in PA? The child custody lawyers at Schwartz, Fox & Saltzman, LLC explain how and why sole custody is awarded to the custodial
The 16 Child Custody Factors in PA: A Guide for Parents In PA, divorcing parents often share joint legal and physical custody of their children. In many cases, parents can agree on the child custody arrangement. In others, a judge
What are the questions we hear most in our family law office? That’s an interesting question, because there are certainly some very often asked questions by both new and long-term clients. Here are three: I Want to File For Custody
Your Same-Sex Divorce Attorney in Pennsylvania Yes, there is now same-sex divorce in Pennsylvania, and there are experienced same-sex divorce lawyers to help you through your divorce. May 20, 2014 will be remembered by many as a watershed date in
Philadelphia attorneys say calls from couples splitting up during the pandemic have surged, with a number of factors are contributing to the spike.
“People who were contemplating divorce before COVID hit, and probably shouldn’t have lived together, but stayed together and that just compounded the unhappiness in that household,” said attorney Lee Schwartz of Schwartz, Fox & Saltzman, LLC Firm.
Once you have decided to hire an attorney in a Family Law matter, be it Divorce, Custody, Support, Division of Property, Protection from Abuse, drafting a Pre- or Post- Marital Agreement, or some related area of Family Law, the next issue becomes how one goes about finding the right attorney for you. It can be very confusing.
Rather than discussing “how” to go about finding the right lawyer, whether it be by referral by a friend or another professional, research over the internet, or some other method, below you will find the factors we believe are important in making this decision.
Traditionally, Civil Courts (County and State Courts in Pennsylvania, as
well as Federal Courts) have been reluctant to enforce religious contracts in their
Courts, because of Constitutional issues surrounding the First Amendment
separation of Church and State. In the area of Family Law, and specifically in
discussing, negotiating and resolving Divorce issues, these religious based issues
can arise.
If a person has a child approaching kindergarten in the Fall of 2020, or a child in 8th grade and ready to begin High School, choice of school issues should now be front and center.
We, at the Schwartz, Fox & Saltzman, LLC Firm, believe, and advise our clients, that the Fall season, of the year before the beginning of the following school year, is the appropriate time to determine if parents are in agreement regarding school choice. If not, a Petition for Custody (if parties have no custody order) or a Petition to Modify an existing order, should be filed right away.
So, you’ve made it through the Holidays and New Years’, staggered to work on Monday morning, and here we are; facing a new decade. 2019, 2010….same thing…different day. Really? Is that all you’ve got?
So, you, or your Sister, or your best friend, is thinking of buying a house or condo, with his or her friend or lover. The parties are unmarried, and have no imminent plans to marry, so a Pre-Nuptial Agreement is not in order. All seems rosy and exciting, and it certainly is while that relationship between the parties is likewise wonderful. But, despite the best intentions of the parties, people change, their needs change and their relationships can change.
What happens if:…
So, you want to take your kiddos on vacation and you are separated or divorced from their other parent, there are some things you need to consider about vacations:
1. Do you have a Custody Order through the Court, with the other parent?
2. If you do have a Custody Order through the Court, is there language in the Order that speaks to vacationing?
3. If you have a Custody Order and there is no vacation language, or if you don’t have an Order at all, what should you do to make this vacation as peaceful and relaxing as possible?
Real Divorce Talk with Sue: Interview with Lee A. Schwartz Attorney Lee A. Schwartz interviewed by Dr. Sue on WWDB-AM TALK 860. Listen to the show right here or download the podcast.
In keeping with other States, the Commonwealth of Pennsylvania, by the stroke of Governor Tom Wolf’s pen, signed into law the Pennsylvania Collaborative Law Act, on June 28, 2018. This action by the Governor served to recognize the validity of this alternative divorce process. Collaborative Law is an alternative to both a Mediation process and
In high income child support cases (high income is defined by law as cases in which the net incomes of the parties combined exceeds $30,000.00 per month), in order to avoid unduly large support results, the Trial Court must consider the “reasonable needs” of the child or children. This ruling resulted in the case Hanrahan
***CUSTODY LAW UPDATE*** Effective July 4, 2018, there has been a major change in the Child Custody Law in Pennsylvania. Before that date, it was difficult for people who were not parents, step-parents or grandparents to obtain custody rights. That will all change. Effective that date, ANY individual who can establish that they: Have assumed;
Support Contempt actions are instituted once a Payor, for what can be a multitude of reasons, falls behind or fails to pay his or her Support obligation through the statewide PACSES system or through some other Agreement entered into between parties to a support or alimony action. Punishment mechanisms are statutorily in place if necessary
If you have a minor child and you aren’t living with that child’s other parent, you are likely either paying or receiving child support or will be at some point in time while the child is under 18 years of age. This Newsletter is a very basic introduction to the various types of “Support” in
Achieving your Custody goals, in some cases, is not a process that ends at your first scheduled Custody Conference or Hearing. Many times, it is a process. Persistence, good behavior and compliance oftentimes are the keys to a party enjoying fulfilling Custody time with their children or grandchildren. Unfortunately, the process can be lengthily and
Let’s start with the premise that Pennsylvania is an Earning Capacity state. What is earning capacity and how can it impact your Support Order? First, a person cannot intentionally decrease their income, with the hope that this intentional decrease will result in a lower support Order. Let’s take the case of a fictional couple, Donnie
Traditionally, Family Lawyers bill their clients one way…hourly. However, there is an alternative. That alternative is Flat Fee Lawyering. Clearly, however, not every case is right for Hourly Lawyering and not every case is right for Flat Fee Lawyering. We, at SchwartzJordan, offer both options. You choose which method is right for you, up front,
As our society continues to be more mobile, forward-thinking parents, who are do not live with the other parent of their child, need to think about the impact of the quality of the school their child does or will attend,
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
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,
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
SO, ‘TIS THE SEASON. Words we think of to define this season are…festive, peace be on earth, good tidings to all, Merry Christmas, Happy Hanukkah and other statements to evoke love, peace and goodwill. Equally pervasive, unfortunately, are child custody
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
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
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
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
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
Perhaps one of the most necessary statutes in Pennsylvania, and at times, horribly abused itself, is the Protection from Abuse Statute. It is a statute designed to protect certain victims of abuse in Pennsylvania. In order to know whether the
There are many misconceptions “on the street” about whether and what part of a person’s retirement assets are marital property and therefore subject to being divided as part of a divorce. The first question is whether retirement assets are marital
The Pennsylvania Superior Court, the intermediate appellate court, held that a man who used a “voice memo” app on his smart phone to record a conversation should be charged with interception of oral communications, a violation of the Wiretap Act.
Before the recent Pennsylvania Supreme Court opinion in A.S. v, I.S. decided December 29, 2015, Stepparents in Pennsylvania had no child support obligation to their stepchild, even if that stepparent had a partial child custody order with the stepchild. In
Once you have decided to engage an attorney in a Family Law matter, be it Divorce, Custody, Support, Division of Property, Protection from Abuse, drafting a Pre- or Post-Marital Agreement, or some area of Family Law, the next issue becomes
Mother and Father have a child support order wherein Mother pays Father through a Court Order. Mother falls behind in this obligation. As a result, Father files for Contempt against Mother in Family Court. Mother attends an Enforcement Conference and
One of the biggest dilemmas people who wish to separate ask is, Should I leave the house? Should I stay in the house? What should I do? The answer to those questions is very closely tied to the specific facts
Voluntarily terminating one’s employment, which includes not only a total cessation of employment, but also an intentional decrease in one’s income, will not serve to lessen one’s child support, spousal support or alimony obligation, in most cases. Pennsylvania is not
A divorce is a painful process that raises many difficult questions. One of the most common questions is whether to leave the marital home. This decision should be carefully considered as it could have important legal and financial consequences. Can
Social media dominates our electronic culture. We are drawn to it, to give us a glimpse into people’s private lives. People post everything, the interesting, the salacious, the relevant and the boring. We post innocuous pictures and words; we post
“Tell me a little about You.” I’ve been doing “this” for thirty-four years. When people call me to ask me to help them, invariably they want to know what I’m all about. They may have been referred by a trusted
Child relocation in Pennsylvania is subject to a formal legal procedure that was established in October of 2012. “Relocation,” under the Custody Statute in Pennsylvania, occurs when a parent, whether or not there is a Custody Order, decides that he
The confusion surrounding child custody and just “how it works” is a major concern and worry for parents who are contemplating separation or who need to get clarity about the issue. In deciding what direction you are about to travel,
People oftentimes have issues in their relationships and need answers to pressing legal questions. They need information to assist them in making decisions about their future, but aren’t quite at a decision point. Simply put, getting to decision point requires
Mediation can be a useful method of dispute resolution for couples with information which in a Court setting might be prohibited by Court rules or might be concerning illegal or inappropriate activities that could lead to prosecution. Unreported Income: In situations where
Pennsylvania has a Protection from Abuse (“PFA”) Statute, which is designed to protect persons in loving relationships, family members and household members from abuse, as it is defined in the statute. In order to discuss abuse, one must first have
You are at a crossroads….you or your patient/client have decided that it makes sense to mediate your Family Law matter rather than litigate it. However, the question then becomes: How do I select the mediator. After all, selecting your Mediator
As the excitement of the wedding day approaches and the happy couple is attending to all of the details of the approaching happy day, nothing can put the brakes on that growing momentum like one party announcing: “Sweetheart, I think
In today’s society, with divorce being so prevalent, the need to consider the Pre-Marital or Pre-Nuptial Agreement is more and more relevant. The “psychological hurdle” I mention is the responsive comment, by an intended spouse, to the suggestion that the
“It’s beginning to look a lot like ChristmasCustody battles Ga-loreMy son doesn’t want to goHis Father is a SchmoMy daughter says his Wife is nothing but a bore…It’s beginning to look a lot like ChristmasMy lawyer is a SchmuckHe says
The litigation of a Divorce Matter in Court is anything but private. Court files, located in each County’s Court Clerk’s office, are public records. Rarely, and only in the most sensitive of cases, are Divorce records sealed, Sealing a file
It goes without saying that May 20, 2014 will be remembered by many as a watershed date in Pennsylvania history. On that date, the very definition of “marriage” changed in Pennsylvania. While the legislatures of many states had struggled with
Mediation can be a useful method of dispute resolution for couples with information which in a Court setting might be prohibited by Court rules or might be concerning illegal or inappropriate activities that could lead to prosecution. Unreported Income: In
Family Dispute Mediation is an alternative to litigating your Family Law matter in Court before a Judge. Mediation is available, when couples need to resolve issues surrounding child custody schedules and issues, Child Support matters, Spousal Support, Division of Property,
Those who are involved in, or about to be involved in, a Domestic Relations dispute, such as a custody, support, divorce or other related matter, have traditionally proceeded directly to litigation as their only option to resolve these matters. In
