Family Law

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A judge's gavelDomestic violence is a very serious and sensitive problem. Receiving threatening text messages or calls, physical abuse to the body, or showing up to your house unannounced and uninvited and making threats are all circumstances that may make someone consider filing for a PFA Order.  If you find yourself in need of protection against domestic violence, the Protection from Abuse process provides a way to obtain protection from your abuser.

I have represented plaintiffs and defendants in PFA matters, and I understand the stress that comes along with obtaining or defending a PFA Order and how serious PFA matters should be handled. Whether you are filing a PFA against someone else or have had one filed against you, it is important to understand what a PFA is and how the PFA system works so that you can be prepared.

What is a PFA?

Many times we hear a protection from abuse (“PFA”) order incorrectly referred to as a “restraining order.” In Pennsylvania, it is a Protection from Abuse (PFA) order, not a restraining order that is issued by the court to protect victims of domestic violence, and, in some cases, their children, from their abuser.

A PFA Order is a civil order that protects a person and/or their minor children from domestic abuse by their abuser.   A PFA Order will do several things to protect the victim:

  • require an abuser to abide by certain requirements, such as refraining from being in the presence of the victim(s);
  • prevent an abuser from stalking, harassing, threatening, abusing, or attempting to use physical force;
  • and prevent an abuser from contacting the victim(s) or third parties to relay or get in contact with the victim(s) protected under the PFA Order.

A PFA Order also may evict the abuser from a shared residence, may prohibit the abuser from possessing any firearms, and may award temporary physical custody of the parties’ children to the victim.

Who can a PFA Order be issued against?

The Pennsylvania PFA Act sets forth specific rules on who a victim of domestic violence can file a PFA against.…

Continue Reading What is a Protection From Abuse (PFA) Order?

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.
Continue Reading Adult Adoptions: Can I Really Adopt a Grownup?

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.

Photo by Sheri Hooley on Unsplash

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.

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Continue Reading Happy National Adoption Month

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.

Photo by Kelly Sikkema on Unsplash.

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Continue Reading Make the Most of Your Initial Divorce Consultation

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.
Continue Reading What Is A Postnuptial Agreement and Do I Need One?

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:…
Continue Reading Top 10 Things I Should Ask My Caseworker When Considering Adoption

In my previous post I discussed the steps leading up to the adoption hearing.  In this post I will talk about your testimony and completing the finalization of your adoption.

Adoptive parents testimony is typically a recitation of the information contained in an Adoption Petition, and is simply comprised of each parties’ own biographical information, including your name, address, date of birth, age, place of birth, occupation, religious affiliation, racial background, date of marriage, and the first names and ages of any other biological or adoptive children.  The adoption then requires confirmation of additional information, which I always refer to as “the silly questions.”  They are silly because they are obvious, but the law requires that they are affirmed on the record. Those questions include the following:

  1. Have you received the medical history information with regard to your adoptive child, and is there anything in that information that would cause you to not proceed with this adoption?
  2. Does the proposed adoptee own any property of value? (toys don’t count)
  3. Is it your desire to continue the parent-child relationship you have established with the proposed adoptee, and if so, are you willing to assume the parental duties with regard to this child?
  4. Do you understand that if the Court grants your Petition today, the proposed adoptee will have all the rights and obligations as if they were your biological child? (duh – everyone knows that there is no distinction in the law between adoptive children and biological children)
  5. Have you had any out-of-pocket expenses related to this adoption that would not be reimbursed to you?
  6. This one is my favorite – What name would you like the proposed adoptee to assume?

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Continue Reading Finally – the Finalization of an Adoption Part II of II

Now that April 15th has passed, the dust is still settling about how tax changes impacted taxpayers and many of us were surprised at the effects. The effects of the new tax laws also changed child and spousal support payable in Pennsylvania.

As of January 1, 2019 new guidelines are now in effect. These have been put in place largely to deal with the issue that alimony and temporary alimony or support payments to a spouse are no longer tax deductible by the person paying support, nor includable as income by the recipient. These new guidelines pertain to any new orders after January 1, 2019, but not the modification of prior orders. So it’s important to understand whether your case will be calculated under the old or new guidelines, as it makes a difference.
Continue Reading New Tax Laws and Changes to Pennsylvania Support Guidelines

In a prior blog post, I explained that divorce cases here in Lancaster county are heard by Divorce Masters instead of Judges. Because the proceedings before the Master will be the only chance you have to present your case, it is important to understand the process.

Your lawyer will appoint a Divorce Master with a Motion with the Court.  Once appointed, the Master will hear the claims that you have raised which may include claims for the distribution of property and/or alimony. When a Master is appointed, a telephone conference is scheduled with the lawyers. The Master will deal with procedural issues and determine if the case is ready to move forward or whether there are any impediments to moving ahead such as disputes about the date of separation or missing discovery.

Discovery is the legal term for the gathering and sharing of necessary information to move a case forward. Your lawyer will ask you for information about your assets and income and may need to seek valuations of those assets by outside parties (such as real estate and pension appraisers). If you want a good outcome, you should prioritize getting your lawyer all of the information that he or she is asking for. It may seem burdensome, but since this is your only opportunity to present evidence, it is worthwhile to provide as much information as possible on the assets and incomes involved. This may require inquiries to the bank, to your accountant or even to your human resources department, but all of your efforts will matter very much to your case.
Continue Reading Anatomy of a Divorce Case in Lancaster County

As a prior Divorce Master, I witnessed a lot of confusion from clients about the Divorce Master process. During one of my more contentious cases, I overheard a litigant talking to his attorney during a break, and he asked: “When will I get a hearing with a real Judge?” Clearly he was disgruntled about how the case was going, but it’s a fair question. And the answer here in Lancaster County is that you won’t–  your Divorce case will be heard by a Divorce Master, not a Judge.

In most counties in Pennsylvania (including here in Lancaster), divorce cases are heard and decided by Masters instead of Judges. Divorce Masters are court appointed officials, and they have jurisdiction to decide issues of property distribution and alimony. In Lancaster County, Divorce Masters serve as the finders of fact for the case. In practical terms, that means that the proceedings before the Divorce Master will be the only opportunity you will have to present your full case. So, be prepared and take it seriously.
Continue Reading What is a Divorce Master?