As seen on lowerbuckstimes.com “One phone call in 1993 changed the entire trajectory of Ellen Fischer’s career in law. And she’s so glad she answered. The Southampton resident was a “newbie” second-year lawyer when a college friend in Ithaca, New York contacted her. Would she represent an individual named Francis, who was transitioning from a man into a woman, in a custody case? “I had no idea what a transgender person was. I didn’t know the difference between transgender and… Read More >

Most Custody Orders contain a provision in which the parties are prohibited from speaking poorly about each other in front of the children. This provision is called a non-disparagement provision. It is based on the policy that parents bashing each other in such a way as their children hear or learn about it is not in the children’s best interest. So what happens if you post negative comments about your ex-spouse or partner on social media, especially if the children… Read More >

The date of separation is important, because that is the date on which the “Marital Estate” is identified.  In other words, it is the date that determines the assets and liabilities that will be relevant in divorce. The law says that the date of separation is the date on which spouses begin living separate and apart.  Separate and apart is defined as “the cessation of cohabitation.”  So, if a spouse moves out of the house and rents an apartment, the… Read More >

The defense is actually known as the Gay Panic Defense, a legal tactic used by criminal defense lawyers to explain or excuse the defendant’s reaction in brutally beating or murdering a gay or transgender person.  They simply could not help it. This defense dates back to 1998 when Sam Shepard, a young gay man, was brutally murdered by two men he had encountered.  The defense continues to be used today. State Senator Lawrence M. Farnese has introduced legislation that would… Read More >

Common law marriage was abolished in January, 2005, but there are so very many folks who believe they entered into one before then. Common law marriage, like a civil or religious marriage, requires that words of intention to be married be spoken. In other words, that on a particular day, at a particular time you and your spouse committed to be married to each other. You celebrate this date every year as your anniversary. That’s the first prong. The second… Read More >

Pennsylvania now permits people to change the gender marker on their driver’s license simply by completing a form.  No doctor’s letter or other documentation is necessary. This is particularly important to the non-binary and transgender communities who will have the option of having a gender-neutral “X” designation to choose from.  This new policy was announced on July 23, 2020 by Pennsylvania Secretary of Transportation, Yassmin Gramian, who said PennDot wanted to have a simple process. To effectuate the change, simply… Read More >

What happens when divorced parents disagree about their children’s learning options? I’ve gotten calls this week from parents who are at odds and want the Court to decide.  But how is the Court better equipped to make this decision over the parents?  What factors should the Court consider in reaching a decision as to a child’s best interest? I have one case that makes sense to me.  It involves a child with asthma and my client strongly believes the child… Read More >

Pre-Nuptial Agreement.  These are not dirty words, although many folks shudder at the thought of preparing one.  But negotiating a pre-nup is really an opportunity for a couple to honestly and openly discuss money and finances.  It is certainly a difficult topic, but too often couples enter into marriages knowing little about the other’s debts, assets and, importantly, how that person thinks and feels about money. Pre-nups are not just about divorce.  To the contrary, pre-nups address what happens in… Read More >

The process of getting divorced starts with the filing of a Complaint in Divorce.  Oftentimes, in addition to divorce, the Complaint will have claims for equitable distribution, custody and support or alimony.  Each of these claims has its own path. So, perhaps you start with custody.  There is first mediation, a seminar and then a hearing before a Custody Conciliator or Master.  If you are unhappy with the result at this level, you can file for a hearing before a… Read More >

Civil contempt of court is defined as willful failure to comply with a Court Order.  Often, it is argued that the failure to perform wasn’t willful but is due to some good and valid reason.  The goal of civil contempt is not to imprison as in criminal contempt, but instead to compel someone to do something that he or she has been ordered to do. If you entered into a Property Settlement Agreement requiring you to do certain things and… Read More >