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Schwartz, Fox & Saltzman, LLC. – Philadelphia Divorce Lawyers

Pennsylvania Family Law Blog

Divorce Diet: Tips for Healthy Eating and Managing Stress

When you’re navigating a stressful divorce, maintaining a nutritional diet can feel impossible. While eating may feel unimportant during times of emotional turmoil, it’s crucial to adopt healthy eating habits to ensure your mental and emotional wellness throughout the divorce

Frequent Issues In Child Support

Child support issues are a part of any Family law practice. There are common questions and concerns we see, and this newsletter will address some of the most common. If you have issues, questions or concerns about your child support,

Home Repairs During Divorce: Who Pays For It?

Managing home repairs during divorce is complex, with issues of responsibilities and liabilities adding to the ongoing emotional strain. When a house needs fixing amidst a separation, such as a roof replacement, the question of financial responsibility can become a

50/50 Custody Requirements in Pennsylvania

Understanding the requirements and implications of a 50/50 custody arrangement is crucial to avoiding potential child custody disputes in Pennsylvania. Due to the complex laws surrounding child custody, seasoned legal representation is essential. The Philadelphia child custody attorneys at Schwartz,

What to Include in a Child Custody Agreement

  Drafting a comprehensive child custody agreement is crucial for ensuring the well-being of your children. A well crafted agreement can also help you and the other parent avoid future child custody disputes. Due to the numerous legal and factual

How to Fight False Allegations in Child Custody in PA

Due to the emotionally charged nature of child custody cases, people sometimes cross legal and moral boundaries by making false allegations of abuse. This can make a difficult process even more painful. The Philadelphia child custody lawyers at Schwartz, Fox

Child Custody When Parents Live in Different States: A Guide

Child custody disputes are often stressful and emotionally challenging. Navigating a child custody dispute when one or both parents live in different states comes with unique challenges. For over 30 years, the Philadelphia child custody attorneys at Schwartz, Fox &

What Proof Do You Need for a PFA Order: Trusted Advice

If you are seeking a Protection from Abuse (PFA) order, Pennsylvania Law (§6102(a)) requires you to provide proof you are suffering physical or sexual abuse or receiving verbal threats, which places you or your minor children in reasonable fear of

20 Pennsylvania Child Custody Questions | Ask Your Attorney

The process of obtaining custody of your child or children can be complex. Asking the right child custody questions can help you better understand your options and guide you through the custody process. The family law lawyers at Schwartz, Fox,

12 Reasons a Judge Will Change Custody in Pennsylvania

Child custody is often a contentious and difficult issue, and modifying child custody can become even more contentious as parents clash over the issues. As the facts of each case are unique, there are several reasons a judge will change

How Long Does a Temporary Custody Order Last in PA?

Have you and your significant other recently ended your relationship? Are you seeking temporary or permanent custody of your children? Understanding the duration of a temporary custody order in Pennsylvania is crucial for successfully navigating the child custody process.  In

How to Defend a PFA in Pennsylvania: Protect Your Reputation

Being served with a Protection From Abuse (PFA) order is a terrifying experience. The prospect of being separated from your family and having your reputation ruined can be even more frightening. Successfully defending yourself from a PFA order requires representation

How to Win a Child Support Modification Case in Pennsylvania

In addition to being an emotionally difficult subject, the laws surrounding child support are complex. Successfully navigating a child support modification case in Pennsylvania requires careful strategy, and representation by an experienced Pennsylvania child support attorney is essential. The Pennsylvania

What Do Divorce Lawyers Do & How They Help Your Case

Navigating the complexities of a Pennsylvania divorce case requires professional legal representation. A Philadelphia divorce lawyer can play a crucial role in successfully guiding you through the process, and understanding what divorce lawyers do will help you better prepare for

What is Child Support Supposed to Cover in Pennsylvania?

The laws surrounding child support in Pennsylvania are complex and confusing. While there are many misconceptions regarding child support, it is intended to provide financial support to the child instead of the other parent. If you have questions regarding what

10 Reasons for Emergency Custody in Pennsylvania

Certain situations demand swift and decisive action when it comes to a child’s well-being. Emergency custody is generally pursued in Pennsylvania via a petition for special relief. If you are considering seeking emergency custody, Pennsylvania law requires you to prove

Tips for Helping You Win Your PFA Hearing

Going through a Protection From Abuse order (PFA) hearing can be a challenging and painful experience. However, with the right strategies and preparation, you can increase your chances of success. Additionally, representation by an experienced Philadelphia family law attorney can

Fighting the Good Fight: Not All Cases Can Be Negotiated

Good family lawyers resolve their client’s cases. That statement is true. We certainly make every effort to do so. There are, however, cases which will not settle. This occurs for a number of reasons, which for the purposes of this discussion, are not relevant. Just know that fighting the good fight is something we do in the appropriate case. What does “fighting the good fight” entail?

When Can I File Parental Kidnapping Charges in Pennsylvania?

Is your former partner or spouse continually violating a child custody agreement or order? Understanding when you can file parental kidnapping charges in Pennsylvania is crucial. With over 40 years of experience, the dedicated child custody attorneys at Schwartz, Fox

What is Retroactive Child Support in Pennsylvania?

Retroactive child support in Pennsylvania refers to the financial support a non-custodial parent may be required to pay for the period before the entry of a formal child support order. Understanding the law surrounding retroactive child support is crucial for

What to Do if the Other Parent Withholds Your Child

Is your ex-spouse or former partner withholding your child or interfering with your custody rights? Dealing with a situation where the other parent prevents you from seeing your child can be emotionally challenging and legally complex. In this situation, only

Know The Facts: When Does Child Support End in PA?

The laws regarding the termination of child support in Pennsylvania are complex and sometimes confusing. If you want to know when your obligations for paying child support end in PA, you need the services of an experienced Pennsylvania family law

A Guide to the Differences in Spousal Support vs Alimony

Alimony and spousal support are often fiercely contested issues in a Pennsylvania divorce. Navigating the intricacies of spousal support and alimony can be difficult which is why representation by an experienced Philadelphia divorce lawyer is essential. The family law attorneys

Divorce in the Military: What Service Members Should Know

A divorce in Pennsylvania can be a challenging process. For military families, there are unique considerations which must be taken into account. Whether it is understanding the intricacies of retirement pay, addressing child custody complications, or dealing with health coverage

A Guide to How Marriage Annulment Works in Pennsylvania

Ending a marriage is a challenging process. Depending on the facts of your case, you may be able to obtain an annulment. Due to the complex laws surrounding annulments in the state of Pennsylvania, representation by an experienced lawyer is

Reasons Why Your Divorce is Taking So Long 

While uncontested divorces are ideal, divorce cases can be difficult and stressful. It can be even more stressful when the process is prolonged. There are a variety of reasons as to why a divorce takes longer than expected, but there

How Long Getting Emergency Custody Can Take in Pennsylvania

Obtaining emergency custody orders in Pennsylvania can be a time-sensitive and stressful process as it involves a child’s health, welfare, and safety. Emergency custody, by design, happens comparatively quickly but still must follow a specific process to prevent parents from

How Getting Remarried Affects Child Support in Pennsylvania

In Pennsylvania, getting remarried may impact your child support obligations if your individual financial situation changes due to the new marriage. This is because when a person remarries, their financial situation may change, which can affect the amount of child

How Long Does a Custody Battle Typically Take?

Unfortunately, the answer is “it depends.” Due to the legally complex and emotionally charged nature of a custody case, representation by an experienced Philadelphia child custody attorney is essential. At Schwartz, Fox, and Saltzman, LLC, our family law attorneys have

A Guide to Changing Custody After Divorce in Pennsylvania

Ideally, divorce means you can end a painful chapter of your life. However, when former spouses have children, disputes regarding child custody arise as their lives and circumstances change. Representation by an experienced Philadelphia child custody lawyer is essential if

Can You Get a Protection From Abuse Order for Verbal Abuse?

In short, yes, you can obtain a Protection From Abuse Order (“PFA”) based on verbal abuse in Pennsylvania. Verbal abuse can be a form of domestic violence and can seriously impact an individual’s mental and emotional well-being. The experienced Philadelphia

Can a Guardian Ad Litem Recommend Sole Custody in PA?

Are you litigating a child custody matter in Pennsylvania in which a Guardian Ad Litem (GAL) has been appointed? A GAL’s recommendations can have a significant impact on custody issues. As a Guardian Ad Litem can recommend sole custody in

What Happens If I Can’t Pay Alimony: Legal Proceedings

Following a divorce, a common question people ask is, “What happens If I can’t pay alimony?” If you cannot make court ordered alimony payments, there can be severe legal and financial consequences. A Philadelphia lawyer who is experienced in family

Can My Ex Dictate Who Can Be Around Our Child?

As a parent, it is natural to be concerned regarding the people who come into contact with your child. However, when it comes to your ex-partner, neither of you can dictate who gets to be around your child. Instead, a

A Guide to Domestic Partnerships in Pennsylvania

If you are an unmarried couple living in Pennsylvania, you may be wondering what legal options are available to protect your rights and assets. Entering into a Pennsylvania domestic partnership can offer you some of the same rights and legal

How is an LLC Treated in a Divorce in Pennsylvania?

Property division is often a complex and intensely contested issue during a divorce in Pennsylvania. Depending on the facts of your case, your limited liability company (LLC) may be treated as marital property under Pennsylvania law (§3501(a)). To protect your

What Qualifies a Spouse for Alimony in Pennsylvania?

When a marriage ends in divorce, it is common for one spouse to seek spousal support and alimony which means one spouse must pay alimony to the other spouse during and after the divorce. Due to the adversarial nature of

New Year’s Resolutions for Collaborative Law Clients

Some people think New Year’s Resolutions are childish or meaningless. We look at them as goals or aspirations, in this case, to better our behavior. Parties who are considering mediation or collaborative law (I will refer to these two separate

Do I Need a Divorce Lawyer if We Agree on Everything?

It is recommended you retain a divorce lawyer even if you and your spouse seemingly agree on everything. The intricacies of navigating a divorce may lead to you agreeing to an unfair settlement or mistakes during the filing process. Additionally,

Spousal Support in PA: Insights & Calculations

Seeking a divorce does not mean you have to impoverish yourself to escape an unhappy marriage. Pennsylvania law provides lower-earning spouses several tools to protect themselves financially before, during, and after a divorce. One of these tools is establishing spousal

A Guide on What Can Be Used Against You in a Divorce

Divorcing your spouse is an emotionally painful and stressful process. Divorces often require invoking the formal litigation process which is an inherently confrontational process. As such, it is important to understand what can be used against you in a divorce,

How Much Does a Divorce Cost in PA: Factors To Consider

The typical cost of a divorce in Pennsylvania depends on a number of factors. Naturally, people seeking divorce desire a level of legal and financial certainty during this difficult process. While it’s not possible to predict the precise cost of

Should You Tell Your Divorce Lawyer Everything?

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 attorney cannot properly represent you during the divorce process and other court proceedings if they

What “No-Fault Divorce” Means in Pennsylvania

Pennsylvania used to be a fault-based divorce state, meaning spouses could only get divorced by proving marital misconduct. However, Pennsylvania became a no-fault divorce jurisdiction in 1980, allowing Pennsylvanian couples to divorce without requiring fault grounds from either spouse. The

Divorce Consultation Checklist to Prepare You from the Start

Consulting a divorce attorney is the beginning of a difficult and potentially lengthy legal process. You can prepare for your consultation by: This article breaks down a divorce checklist to prepare ahead of your consultation with your family law attorney.

A Guide to Equitable Distribution in Pennsylvania

Property division can be a heavily contested issue during a divorce. Pennsylvania is an equitable distribution state; this mean the state uses an equitable approach when dividing marital property and debts. The equitable distribution process does not necessarily mean each

A Guide to Marital Settlement Agreements in Pennsylvania

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 in PA acts as the “roadmap” to resolve some or all of the issues

She wanted to vaccinate kids. He didn’t. Judge had to decide

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.

Can You Get a Divorce Without the Other Person Signing?

Yes, you can obtain a divorce without your spouse’s signature.  There are many reasons why spouses refuse to sign.  Sometimes the other spouse cannot be located or they do not want the marriage to end. Regardless of your situation, talking

Collaborative Divorce vs Mediation: Which is Better?

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

Divorce Mediation Strategy: Simplify Your Separation

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

Divorce Mediation Cost & What Affects Price

You’ve heard divorce mediation is much less expensive than a litigated divorce, and that is correct – but there are so many more benefits to the divorce mediation process over litigation. If you and your spouse are willing to negotiate

How To Find A Divorce Mediator: Seeking Peaceful Separation

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

Divorce Mediation vs Lawyer: Which One is Best For You?

You have options when it comes to your divorce, but knowing what’s best for your family can have it’s own intricacies. Comparing divorce mediation vs. hiring a lawyer means understanding what you and your spouse’s preferences are and your ability

Do I Need a Lawyer for Divorce Mediation?

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? The goal of mediation is to avoid contentious litigation, but you may still

When Is Divorce Mediation Not Recommended?

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

What Not to Do in Divorce Mediation: Advice From Lawyers

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 alternative to litigation because you want to

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, and property distribution can be very difficult. However,

How Long Does Divorce Mediation Take: Time Expectations

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

Can You Get a Divorce with Just a Mediator in PA?

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: Common Concerns

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 Are Business Assets Divided in Divorce?

If you are a business owner considering divorce, you are right to be concerned about how your business assets will be divided and treated by the court. Pennsylvania is an “equitable distribution” state, meaning, marital assets are divided fairly between

Philadelphia Getting Firearms from Few Accused Abusers

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

Your Pennsylvania Divorce Mediation Checklist

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. A thorough divorce mediation checklist

Common Law Marriage in Pennsylvania: Understanding New Laws

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,

Automatic Divorce After Long Separation in PA

Does a Long Separation Lead to an Automatic Divorce in Pennsylvania? If you have ever heard the saying, “if it’s too good to be true, then it probably is?” That is the spot on answer to anything being “automatic” as

Is PA a Community Property State?

When you are divorcing in Pennsylvania, how your property gets divided is likely one of your top concerns. You may have heard term “community property” mentioned in reference to divorce, but Pennsylvania is not a community property state. Instead, we

Child Support If the Other Parent is In Jail

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

How To Prepare for a Child Support Consultation

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 Child Custody in Pennsylvania

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 Does Adultery Affect Child Custody 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.  This article by the family law attorneys at Schwartz, Fox, & Saltzman

15 Child Custody Mistakes to Avoid: Preserve Parental Bonds

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 PA

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,

Child Custody for Stay-at-Home Moms in Pennsylvania

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: What You Need to Know

Special Needs Child Support in Pennsylvania  In Pennsylvania, disabled children with special needs receive additional financial support because the mathematical formulas used for calculating child support do not independently take into account those additional expenses that the child needs. Evidence

Child Custody When an Unmarried Couple Split Up

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: Defend Your Rights

This guide from noted PA child custody lawyer Lee A. Schwartz, Esq. outlines what shared legal custody is in Pennsylvania & how it compares with other types of custody. The PA child custody lawyers at Schwartz, Fox & Saltzman, LLC

Court Ordered Child Support in Pennsylvania

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

Planning a Child Support Holiday Schedule

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

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

International Divorce: Multi-National Litigation Lawyers

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

Child Custody and Travel: Your Child’s Safety Overseas

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

Do I Have to Pay Child Support if I Have 50/50 Custody in PA

In Pennsylvania, having shared or 50/50 custody does not negate child support obligations. Typically, the higher-earning parent must still pay child support to the lesser-earning parent, and the support amount considers the net income of both parents and the how

The Types of Custody Orders in Pennsylvania

Child custody in Pennsylvania 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 outlines and explains the types of child custody

How Long Does a Divorce Take in PA: Timeline Expectations

Learn how long a divorce can take in Pennsylvania and what factors and issues can prolong divorce proceedings from the Philadelphia divorce lawyers at Schwartz, Fox & Saltzman, LLC. A divorce in Pennsylvania can be completed in as little as

Marital Separation Agreement vs Divorce Decree in PA

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 vs a divorce decree from the Philadelphia divorce

Custody Officer’s Obligation To Consider

Custody Officer’s Oblication To Consider Factors Interviewing Children In a 2021 Pennsylvania Superior Court appellate case, K.B. V. M.F., the Pennsylvania Superior Court has spoken to the custom, in many Custody Officer level proceedings, of not interview children in making

How to File for Child Custody in Pennsylvania

Filing for child custody or child custody modification is a procedurally and factually complex process. Additionally, each county court in Pennsylvania has their unique requirements and nuances. The PA child custody lawyers at Schwartz, Fox and Saltzman, LLC have over

Obtaining Sole Custody in PA: A Guide for Parents

How to Get Full Custody in PA 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

16 Child Custody Factors in Pennsylvania Guide for Parents

In Pennsylvania, 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 must decide what child custody arrangement is in the best interests

The “Most Asked” Questions We Hear In Our Office

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

Same-Sex Divorce Lawyer in PA: Your Settlement, Our Mission

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 lawyers say divorce filings surge in pandemic

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.

Finding The Right Family Law Attorney For You

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.

Islamic & Jewish Marriage Contracts in Civil Courts in PA

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.

Not Too Early to Discuss School Choice with Other Parent

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.

Cohabitation Agreements Rarely Thought Of….Very Necessary

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:…

Vacations and Custody: Legal Regulations for Parents

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?

Pennsylvania Legislature Recognizes Collaborative Law

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

PA Court Speaks on High-Income Child Support Payments

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: We Fight for Step-Parent Rights

***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;

Contempt Of Support Orders: Avoid This At All Costs

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

Support: Child, Spousal, Alimony Pendente Lite, & Alimony

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: Five Important Tips

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

Earning Capacity in Support Matters: Impacts on Alimony

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

Flat Fee Or Hourly Billing What’s Right For Me?

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,

Custody Planning And The Impact Of School Choice

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,

Military Pension Update: New Legislation for Veterans

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

The Beauty of Collaborative Law: Peaceful Paths to Divorce

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,

Remember, They Are Your Children And You Love Them

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

PA Divorce Code Amendment Reduces Waiting Period

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

Dividing Property in Divorce: Solomon to Divide Assets

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

Property Agreement Signed to Settle Divorce & 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

Abuse in PA Under Protection from Abuse Statute

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

Recording with Cell Phone Held to Violate PA Wiretap Law

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.

Stepparent’s Obligation to Pay Child Support in PA

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

Selecting An Attorney: Get The Legal Support You Deserve

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

The Intersection Of Family Law And Bankruptcy

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

Moving Out Or Staying Put: What Should I Do??

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 Quitting Employment & Child Support Cases

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

Moving Out During a Divorce: Is It a Mistake?

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 in Family Law Cases: Avoid Harmful Posting

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

Getting To “Yes”: What Stops Us From Mediating?

“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: Protecting Parental Rights

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

Custody Terminology And How It All Fits Together

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,

Moving Forward: Start A New Life After Divorce

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

Evidence in Court Has Legal Restrictions, Not in Mediation

  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

Threat By Any Other Name: Elonis v. United States of America

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

Now That You’ve Decided To Mediate, What Next?

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

Mediation Before The Rings Are Exchanged

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

Getting Over Psychological Hurdle of Pre-Marital Agreement

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

Mediating/Arbitrating Holiday and Custody Schedules

“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 Beauty of Mediation: Confidentiality

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

Same-Sex Marriage In Pennsylvania: Inclusive Legal Updates

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

Court & Mediation Evidence: Understanding Legal Restrictions

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

To Mediate or Not to Mediate.. That is the Question

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,

Litigation Is A Choice, But It Isn’t The Only Choice

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

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