As uncertainty becomes the new normal, those of you going through the already tumultuous process of divorce may have questions about how this pandemic and the economic shutdown will affect your case. Staying in touch with your lawyer during this difficult time will help you talk through and anticipate the economic impact of divorce during
Custody During COVID-19: What’s Best for the Kids?
As if the fears and uncertainty surrounding the coronavirus aren’t enough, many parents may find themselves having to balance concern for their children’s health with their current custody agreement. How do you keep what is best for your children at heart when navigating decisions about custody during COVID-19?
Open conversation between both parents is the …
You Can Still Get a Protection from Abuse (PFA) In the Time of COVID-19
With the stay-at-home directives implemented in response to the threat posed by COVID-19, we have all been spending a lot more time at home. For some, minor (maybe, major) adjustments had to be made to figure out how to handle being stuck in a seemingly cramped house with our families 24/7.
Even in the best …
What Happens to That Stimulus Payment During a Divorce?
If you’ve been watching the news or checking social media at all over the past few weeks, you already know that Americans will be receiving a stimulus payment (economic relief payment) to help ease the financial burden caused by COVID-19. How you filed your last tax return will determine both the payment amount and the …
Adult Adoptions: Can I Really Adopt a Grownup?
During the holiday season we often hear the quintessential phrase “Yes, Virginia, there is a Santa Claus.” Well, for those of you out there considering adopting someone over the age of eighteen, yes, there is adult adoption.
In the state of Pennsylvania, anyone can adopt and anyone can be adopted if they are legally free for adoption. That is, if the proposed adoptee’s parental rights have been terminated or in the case of an adult, if notice is provided to the adult proposed adoptee’s biological parents, unless otherwise waived by court order. The process in a minor’s adoption is relatively simple. In fact, the Pennsylvania Adoption Statute is like a recipe book which contains each step necessary to finalize an adoption. However, when adopting an adult, two Pennsylvania statutes must be considered. First is the Adoption Statute and the second is the Name Change Statute.
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Happy National Adoption Month
Every year in November, we celebrate National Adoption Month. Given the fact that November is a time to give thanks, it has always seemed apropos that adoptions are celebrated during the same month as Thanksgiving. The fact that these two celebrations fall together just feels right, especially when considering adoptive families, without fail, will tell you how thankful they are for the child they have added to their family.
The road to adoption can take on many forms and can be smooth sailing or a viable roller coaster ride. Families can adopt internationally, domestically, privately, through licensed adoptions agencies, local social service agencies and as a step-parent. For some families, the process, while important and at times filled with angst, goes smoothly. Everyone is in agreement, minimum time requirements are met, the cost associated with the adoption is what was expected and all parties involved feel that they would do it all over again given the chance.
My Marital Residence is Worth What?
In the age of HGTV and the ever-fluctuating real estate market, it can be difficult to reconcile how real estate is valued for purposes of divorce litigation versus what a homeowner believes their real estate is worth. Let’s face it, we all believe that our personal residences are probably worth more than they actually are because our homes are personal to us. We live there, we raise our children there, we take care to ensure that our homes are well maintained, decorated nicely, safe, located in a good school district, and so on. The care that we take to make our real estate a home, combined with the personal memories that are made there, often skew one’s perception of what real estate is worth.
For purposes of divorce litigation, the value of real estate is defined as its “fair market value” (FMV). What does fair market value mean? It is the amount a buyer is willing to pay on the open market without any requirement to buy. So how do you figure out FMV for your marital residence? For some, a value for marital real estate can be agreed upon because the parties are familiar with the real estate market in their area, there are comparable homes in and around the area in which their home is located and the parties are sophisticated enough to be reasonable about what their home would sell for. Others look to Zillow and other similar internet resources for value. I often caution my clients to ensure that any value they are agreeing upon, or that they are relying upon based on internet research, should have a second look either informally by a licensed real estate agent who can perform a Comparative Market Analysis, or through a real estate appraisal performed by a licensed real estate appraiser.
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Make the Most of Your Initial Divorce Consultation
Whether you are making the choice to consider separation or divorce, or your spouse has made that decision and you are scrambling to make sense of it all, making the most of your initial divorce consultation with a divorce attorney is vital. Initial consultations are called initial consultations for a reason: you only get one. Some firms will offer free initial consultations, and others will charge a lower flat fee than an attorney’s typical hourly rate. As such, you are getting either free or discounted legal advice one time and should take advantage of that.
First and foremost, choose local counsel who is experienced in family law. Don’t call your father’s business attorney, your best friend’s bankruptcy lawyer, or your hairdresser’s personal injury guy. Family law cases are often decided on specific nuances that exist only in your case, and often cases are presented with local judges’ preferences, unwritten local rules, and consideration of the temperament of opposing counsel in mind. So, local counsel is a must. Experienced family law lawyers are easy to investigate, and ones who come with personal recommendations from prior clients are always the best option. There are many marketing tools that attorneys can use to hold themselves out to the community as experts in certain fields of practice, and some who assert they are rated “super-lawyers,” “best in their field,” etc. While those lawyers may, in fact, be “super-lawyers” and “best in their field,” those rating systems are not necessarily indicative of an attorney’s experience level, expertise or reputations, but may be purchased marketing items. Going with a locally known, respected, and personally recommended attorney is always best.
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What Is A Postnuptial Agreement and Do I Need One?
When spouses separate and wish to divorce, there are many issues they must address before receiving a divorce decree. If spouses have acquired property during their marriage, that property must be divided between them before a divorce decree can be entered. If not, the property becomes the sole possession of the titled spouse post-divorce and any jointly titled property must be divided pursuant to a separate legal action called “Partition.”
So how do spouses divide their property (equitable distribution)? Quite simply, they either agree how it will be divided, or they don’t. If they don’t, the Court will hold a hearing to determine what property or portions of property each spouse will retain. If they do agree, a written contract between the parties is required to memorialize their agreement and ensure the enforcement of that agreement in the future if one of the parties does not comply with the terms of their agreement. That contract is often referred to as a Postnuptial Agreement and can also be called such things as a Marital Settlement Agreement, a Property Agreement, a Divorce Agreement, etc. Regardless of the name of the document, it is a legally binding contract enforceable under contract laws in the state of Pennsylvania.
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Top 10 Things I Should Ask My Caseworker When Considering Adoption
When families consider adoption, they have many choices and many decisions. Families can utilize a private adoption agency, where they can provide information to be included in a profile for birth parents to review and determine if that family should be the adoptive resource for their child. Private agencies charge a fee for their services. Families can also adopt through local social service agencies were children are placed because they are dependent. In those cases, no fees are paid to these social service agencies and instead, when children are placed for foster care, and/or adoption, often subsidies are paid to the family for the care of the child placed in their home. Both options result in adoption opportunities for many families, but it is always best to have a full understanding of the process. Whether a child is placed with a family for adoption privately, or through a local social service agency, here are ten questions you should ask at the beginning:…
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