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Recent Posts in Divorce Category
| July 01, 2010 |
| Colgan to Present Advanced Family Law Seminar |
| Posted By Tim Colgan |
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| Colgan Marzzacco Attorney Timothy J. Colgan will present an Advanced Family Law Seminar for the National Business Institute (NBI) on November 9, 2010 in Allentown, PA. Colgan's presentation will focus on complex asset cases in divorce and on advanced child support and spousal support issues. |
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| July 01, 2010 |
| Colgan Speaks to Pennsylvania Psychological Association |
| Posted By Tim Colgan |
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| On June 16, 2010, Colgan Marzzacco Attorney Timothy J. Colgan delivered a continuing education presentation to the Pennsylvania Psychological Association's Annual Meeting in Harrisburg, PA. The presentation focused on the Collaborative method for resolving family law matters involving divorce, custody and support. Colgan previously presented to the Pennsylvania Psychological Association at their March 2009 Continuing Education Conference and in June 2009 at their Annual Meeting. |
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| February 22, 2010 |
| DIVORCE: Tying Up The Loose Ends |
| Posted By Thomas M. Clark |
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In a good deal of cases, the day someone receives a Divorce Decree represents closure to a significant period of their life. Some people are sad, and some are happy to be receiving a fresh start. The problem is, all too often once a recently divorced person is too quick to put the matter behind them and to turn the page without completing some important final steps.
We have identified areas of interest that a recently divorced person may overlook once the Divorce matter is concluded. The following are important tips to remember:
- Even if you currently have a Will, have a new Will drafted that reflects your new status. Any provisions made for your former spouse in a Will drafted prior to your divorce may still be valid even though the final result might not reflect your true desire.
- Consistent with the terms of your divorce, c ontact each of your insurance companies or their agents, including, but not limited to, life, household, automobile, fire, casualty or liability insurance, to make sure that coverage and beneficiaries are appropriate. Consistent with the terms of your divorce, r emove your former spouse's name from any jointly held assets or debts such as bank accounts and credit cards.
- Check with your employer and/or accountant to determine any appropriate changes to your income tax withholding given your new status.
- Consistent with the terms of your divorce, c heck the beneficiary designation on any retirement account you may have. A divorce may not automatically change a beneficiary designation on a retirement account. The best thing to do is to check the beneficiary designations on assets such as these and make the appropriate changes.
- The same caution applies to any life insurance polices that you have. Consistent with the terms of your divorce, check the beneficiary designations to be sure they reflect your desires.
For more information,
please contact a Pennsylvania Divorce Lawyer
at Colgan Marzzacco, LLC at 800-615-0115 for a free telephone consultation. A Pennsylvania Divorce Attorney at Colgan Marzzacco, LLC is available to answer your questions regarding equitable distribution or any other matter of relating to a family law case. |
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| February 15, 2010 |
| Marital Misconduct and your Divorce |
| Posted By Thomas M. Clark, Esq. |
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The rule in
Pennsylvania
is that the determination of the equitable division, distribution or assignment of the marital property in a divorce must be made without regard to marital misconduct (23 Pa.C.S. §3502(a)).
In divorces, the Court is called upon to make an equitable division of the marital property and the Court must consider only the relevant factors that have been specifically outlined by the law.
The law allows the Court great flexibility in adjusting the property awards to reflect various factors and can also use discretion as to how much weight to give each factor.
However, the Court can not consider the marital misconduct of either party when awarding an equitable division of property.
It should be noted that marital misconduct may be considered in an award of alimony (23 Pa.C.S.A. §3701(b)(14)).
For more information, please contact a Pennsylvania Divorce Lawyer at Colgan Marzzacco, LLC at 800-615-0115 for a free telephone consultation. A Pennsylvania Divorce Attorney at Colgan Marzzacco, LLC is available to answer your questions regarding equitable distribution or any other matter of relating to a family law case.
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| January 21, 2010 |
| Can One Attorney Represent Both Parties in a Divorce? |
| Posted By Tim Colgan |
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Many people want to know if they can hire one attorney to represent them both in a divorce action. On the surface, it may seem as though there would be no problem with this in situations where the parties are on relatively good terms and have worked out many of their issues between them. Unfortunately, though, this issue is more complex than it may seem on the surface. As a result, a lawyer cannot represent both parties in a divorce. This situation presents an inherent conflict of interest. This problem is best illustrated by an example:
"A Husband and Wife have decided to divorce and have agreed to the terms of the division of their property. In their conversations, they have agreed that Husband will stay in their house and refinance it when he is able. No time frame is established for the refinance. Husband really wants the house and is unable to refinance now because of poor credit."
If one attorney were trying to represent both spouses in this case, he or she would be caught in an impossible quandary. If the attorney explained to Wife that this deal would make it impossible for her to get financing for a new home she might reconsider the deal thereby angering Husband. If the attorney advises Husband that if he goes through with this deal that he would in essence become a real estate "partner" with his Wife following the divorce and that she could force the liquidation and sale of the property, he may change his mind about the deal, thereby angering Wife.
This is just one example of how trying to serve as one attorney for two parties with differing interests is not possible or ethical. There are options for spouses who are on relatively good terms and want to manage the cost of their divorce. Mediation allows the parties to work with one another to resolve their differences with the help of a neutral third party.
For more information, contact Colgan Marzzacco today to schedule a free telephone consultation with one of our Family Law attorneys or Mediators. |
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| December 29, 2009 |
| New Local Rules of Court for York County |
| Posted By Tim Colgan |
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| York County has revised the Local Rules of Civil Procedure effective December 28, 2009. While there are many changes and amendments, one of significance to family law matters is the ability to appoint the Divorce Master for the mediation of discovery disputes. This option is available whether or not grounds for divorce have been established. YCCiv. 1920.51(a)(2)(i). By appointing the Divorce Master early in a case, the parties and their counsel will be able to attend a discovery conference with the Divorce Master. The Master will establish what information must be exchanged, which party is responsible for obtaining the information and the deadlines by which the exchanges must occur. A party who fails to comply with the discovery deadlines established by the Master can be subject to sanctions imposed by the Master. YCCiv 1920.51(b)(2)(ix). These rule changes should allow cases to proceed more quickly and efficiently in York County. |
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| December 09, 2009 |
| Collaborative Law on TV! |
| Posted By Tim Colgan |
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| Today I was a guest on a local television talk show. The topic was Collaborative Law and Collaborative Practice. Since it was only a 30 minute show we weren't able to explore the topic as deeply as I would have liked, but I hope that the program will give people a taste of the process and make them want to get more information about it. I was struck by the reaction of the show's producer and another guest who was waiting on the set for the show's following segment. Both commented after the show that while they hadn't known about Collaborative previously, that it certainly sounds like a better way for families to deal with issues of divorce, custody and support. I couldn't agree more! |
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| November 13, 2009 |
| Interdisciplinary Collaborative Training |
| Posted By Tim Colgan |
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As President of the Collaborative Professionals of Central Pennsylvania, I'm thrilled to announce that over the next two days, 35 professionals spanning many disciplines and geographic areas are being trained in Collaborative Practice in Harrisburg, Pennsylvania. The training is co-sponsored by the Collaborative Professionals of Central Pennsylvania (CPCP) and the Pennsylvania Psychological Association (PPA). The trainers are Rita Pollak, Esquire and Dr. Cathy Heenan. Rita is a past President of the International Academy of Collaborative Professionals (IACP) and practices Collaborative Law in the Boston area. Cathy is a licensed psychologist who works as a neutral coach on the Collaborative team.
The Collaborative movement continues to spread throughout the world and we are especially pleased that it continues to grow as a means of family law dispute resolution in Pennsylvania. With the addition of mental health and financial professionals, families experiencing issues of divorce and custody will now have an ever increasing resource of professionals to assist them through this most difficult transition.
For more information, go to www.collaborativelawpa.com or www.collaborativepractice.com.
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| November 13, 2009 |
| Am I automatically divorced in Pennsylvania if I’ve been separated from my spouse for two years? |
| Posted By Tim Colgan |
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There is much misinformation with regard to this topic. Separated spouses are not automatically divorced after living separate and apart for two years. In fact, there is no circumstance in Pennsylvania where a marriage is automatically terminated after the passage of a period of time.
The two year separation period, however, is important. After spouses have been separated for two years, one spouse may ask the Court to grant their divorce. If the other spouse does not object or does not notify the Court that there are economic issues that need to be resolved (including but not limited to issues related to property distribution or support for a dependent spouse), the Court can grant the divorce decree.
Spouses who both agree that their marriage is irretrievably broken and consent to the entry of a divorce decree can be divorced more quickly. Pennsylvania allows for the entry of a divorce decree after 90 days have passed from the date the Defendant in the divorce action was served with the divorce complaint. Much like with the “separation divorce”, this only happens when there are no economic issues that require resolution by the parties. |
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