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 >

This week, the United States Supreme Court issued an opinion barring discrimination in employment against the LGBTQ+ community.  Employers may no longer fire or fail to hire a person who is gay or transgender.  This is a huge and long awaited victory. But it comes on the heels of the gruesome murder last week of Dominique Fells,  a black transgender woman, and the apparent identification of the suspect in her killing, who himself has lived his life doing good for… Read More >

Welcome to the Yellow Phase and a return to some sort of normalcy. Although we are in yellow, most Court Houses remain closed to the public except in emergency and limited situations.  However, the Courts are open for business and are accepting the filing of documents. My firm is opening the office on Monday,  but with quite a bit of limitations.  So, even though we have permission to open, we are asked to remain home and to continue to work… Read More >

The Courts are opening next week, but not the Court House.  The Court House will generally be closed to the public, with hearings, trials, and conferences being tried by telephone or video conference.  Think about that for a moment – having your day in court, but not being in court and not being with your lawyer.  Going to court is already nerve-wracking and this new system makes the process ever so much more so. I had my first telephonic hearing. … Read More >

Child support can be modified in the event there is a substantial change in financial circumstances.   With the skyrocketing furloughs and layoffs, many of you can file to modify support. If you have lost your job and want to reduce the amount of your support payment, you must file a Petition to Modify Support to Reduce with the Court.  The date on which you file the Petition will be the date from which support is modifiable. If you receive support… Read More >