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Recent Posts in Divorce Category

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Are post-separation disability payments "marital", under Pennsylvania law?

The Pennsylvania Superior Court recently dealt with the question of whether post-separation disability payments are marital. In Yuhas v. Yuhas, the husband was a vascular surgeon who developed carpal ...
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Enforcing a settlement agreement 7 years after the violation

Husband and Wife married back in 1988 and were divorced in 2003. As part of their divorce settlement, Husband agreed to pay Wife a percentage of the proceeds from the sale of stock from his business, ...
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How to Survive Ashley Madison

So, your loved one (or you) has been Ashley Madisonized. And now you are splitting up. What should you do next for divorce or custody? A brief guide for the perplexed. 1. Get calm: Do not make any ...
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Should I Get a Divorce?

Our firm often gets asked by clients, "Should I get divorced?" While this is one of the few questions we cannot answer for you, as it is highly personal in nature, we have established some ...
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War of the Roses: LA Style

What happens when two super-rich LA attorneys divorce? Super-drama, of course. The Feldstein-Gregora case features claims of envelopes stuffed with cash, rampant paranoia, secret overseas funds and ...
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Legislative Alert: Major change coming for the 2-year PA divorce waiting period?

Parties can seek a divorce as soon as 90 days after the service of the Complaint in Divorce, if they both agree to move forward. But what happens if one party does not want to move forward with the ...
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Inherited IRA's and bankruptcy

Retirement funds such as 401K's, IRAs and 403b accounts are generally protected in bankruptcy. That is, retirement accounts are not reachable by creditors but instead remain with the holder, even ...
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Case Notes: Attaching a disablity fund to pay Pennsylvania alimony

The issue of attaching a disability fund with a "non-attachment clause" in order to pay alimony was the subject of the recent Pennsylvania Superior Court case of Uveges v. Uveges, 103 A.3d ...
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Taxes and military pensions in a divorce

In previous blog posts, we discussed the difficulties in dividing a military pension in a divorce. It can be done, but it needs to done carefully and with full knowledge of the process. In fact, no ...
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Tax filing status during divorce proceedings

Which tax filing status can you choose during a Pennsylvania divorce proceedings? The first thing to understand is that your tax status is determined by your marital status on December 31 of the tax ...
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What is a bifurcated divorce?

What is a bifurcated divorce? A bifurcated divorce is a process where the divorce decree is granted before the economic issues associated with the divorce are resolved. Regular or simple divorce cases ...
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Prenuptial Agreement: Why you need one

You are not getting married with the intention of getting divorced. But almost half of marriages end in divorce. There are many things you can do to keep a marriage strong. But there is only thing you ...
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Do-It-Yourself Divorce

One of the most common questions a divorcing couple will asks is if they need an attorney or if they are able to complete the divorce on their own. The short answer is that yes, there are ways that ...
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2015 Guide to Allegheny County PA Family Court Personnel and Offices

Judicial Suffixes 001 Judge Bush; 002 Judge Evashavik DiLucente; 003 Judge Cozza; 004 Judge Hens-Greco; 005 Judge Mulligan; 006 Judge Eaton; 007 Judge Klein; 008 Judge Bubash; 009 Judge Bicket; 010 ...
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Planning for Divorce: The Ultimate Guide

It looks like you are getting divorced. What to do? This i a general guide with steps that are generally advisable. However, this information is just a starting guide. Every case is different, so ...
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Know your judge: Kim D Eaton

JUDGE KIM D. EATON all information as of 2014 CONTACTING JUDGE EATON If your Allegheny County Family Division case number ends in judicial suffix "006", you have Judge Kim Eaton. Judge Eaton ...
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Post high-school education expenses

Ordinarily, a divorcing parent has no legal obligation to pay for a child's college expenses. The theory is that we don't require intact families to pay for college, so how can we require ...
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Case Notes: Fraud and divorce - opening the divorce after the fact.

In the Allegheny County case of Kozel v. Kozel, 161 Pa Super 2014, the parties divorce was finalized in 2005. Later, Wife found out that Husband failed to disclose certain assets at the time of the ...
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Know your judge: Eleanor Bush

Eleanor Bush is a judge with the Family Division of the Allegheny Court of Common Pleas. Judge Bush has judicial suffix 001. If your case number ends with "001", you have Judge Bush. Judge ...
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Dividing a military pension (Part 3: Important issues)

The first part of this series dealt with preparation for dividing a military pension for a divorce. The second part of th is series dealt with the division of the military pension. This post will ...
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Dividing military retirement benefits in divorce (Part 2: Dividing the pension)

Part 1 of this series explored how to find the necessary documentation, rules and system to divide military pay in a divorce. This part will briefly detail the process of dividing a military pension ...
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Dividing military retirement benefits in divorce (Part 1: The first three steps)

Dividing military retirement benefits is one of the trickiest elements of a divorce. In my experience, attorneys often will simply avoid the possibility of messing up the division of military ...
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New IRA rollover rules from the IRS

A recent tax court decision changes the ways IRA rollovers will be taxed. For many years, the IRS has permitted IRAs to be rolled over, without tax consequences, under the following two conditions: 1. ...
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Death and divorce

Have you ever noticed how many bad things in life are described by words starting with the letter "d"? Despair, doom, defeat, drowning, defenestration etc. "Death" and ...
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Divorce and 529 College Savings Accounts

Parents have 4 primary options to accumulate college savings. This post will discuss one of those options ("529" accounts) and what to expect from the 529 accounts if the parties divorce. ...
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