We are proud to offer a selection of blogs covering different geographies and areas of the law. Please see below for a brief description of each, or jump to our recent posts.
New Jersey Family Law Blog
Fox Rothschild's New Jersey Family Legal Blog provides practical information and useful tips related to such topics as alimony, child support, custody, parenting time, divorce, equitable distribution, prenuptial agreements, domestic violence and grandparent visitation. This blog is an excellent resource for individuals with New Jersey specific family law questions and advisors whose clients may encounter family law issues.
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Pennsylvania Family Law Blog
The Pennsylvania Family Law Blog provides readers with information on and insight into Pennsylvania Family Law issues, including divorce, equitable distribution, alimony, child support, spousal support, alimony pendente lite, and custody.
View the Pennsylvania Family Law Blog
Delaware Trial Practice Blog
Our Wilmington litigators navigate through Delaware’s Superior Court, Court of Common Pleas and Family Court, providing analysis on matters, identifying new cases and developments, detailing the implications of court decisions and offering step-by-step commentary of the trial process.
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Recent Blog Posts
- Appellate Division Weighs In On Savings as a Component of an Initial Alimony Award Every family uses its money in different ways. Some families spend every cent they have on everything imaginable, others save every last possible cent for the proverbial “rainy day”, and many families fall somewhere in between. Once a marriage comes to an end, however, will both spouses be able to continue spending or saving in the same way they did during the marriage as part of the lifestyle lived? New Jersey case law has long held that a trial court may... More
- Social Media And Protective Orders – Lessons From Pennsylvania A prior post on this blog explored the use of social media to in custody cases. As the recent post by Mark Ashton, a Partner in our Exton office, points out social media to can have an even greater significance in the context of a protection from abuse order. His post, entitled “Posts on Social Media, Go to Jail – How a Facebook Post Violated a Court Order” discusses a recent Pennsylvania action in which a contempt order issued for violation of... More
- Alimony And Cohabitation – Timing Matters For many people facing the possibility of paying alimony after separation and/or divorce, the thought that their ex may cohabit makes them positively giddy. There is an expectation that cohabitation will prevent any future obligation to pay alimony. This expectation may be based on the language of Section 1512(g) of Title 13, which provides: Unless the parties agree otherwise in writing, the obligation to pay future alimony is terminated upon the death of either party or the remarriage or cohabitation of the party receiving alimony. As used in... More
- Post on Social Media, Go to Jail – How a Facebook Post Violated a Court Order A recent criminal case addressed, in part, an issue we saw in the case of Elonis v. United States. The Elonis case went to the U.S. Supreme Court which ultimately reversed the criminal conviction of a man based on statutory construction grounds that his Facebook postings did not offer the requisite mental intent to threaten the victim(s). The Supreme Court’s opinion did not address any First Amendment rights, however. The case of Commonwealth v. Lambert, involved a Protection from Abuse Order entered against... More
- Family Court Begins Publishing Opinions Online! The Family Court of the State of Delaware recently announced that it will make opinions available on the Delaware Judiciary website. The September 15th announcement of this significant policy change states: As of today, written decisions from the Family Court of the State of Delaware will be available on the Delaware Judiciary’s website. The first opinion was published today and can be found on the opinions page at http://courts.delaware.gov/opinions/. The publishing of decisions on the Delaware Judiciary’s website will bring greater awareness... More
- Separation Does Not Equate Unfitness of a Parent My colleague, Mark Ashton, reported on the case of D.P. & B.P. v. G.J.P. & A.P., and identified how the Court’s opinion addressed on a limited basis how Section 3525(2) was, in part, unconstitutional by placing an unreasonable restriction on the parents to raise the children as they deem appropriate, including restricting the children’s exposure to their grandparents. This decision left open many questions about what happens in circumstances other than separation of six months or more which will likely... More
- General Assembly Reduces No Fault Separation to 1 Year On September 26, the Pennsylvania Senate returned to session and adopted amendments to the Pennsylvania Divorce Code that reduced the period by which a party can secure a no-fault divorce on the basis of irretrievable breakdown from two years to one. The bill is awaiting signature by Governor Wolf. When first enacted in 1980 the Divorce Code required a three-year separation before a divorce could be obtained on no-fault grounds without consent. In 1988 the law was amended to reduce the... More
- BUSINESS VALUATION 101: The Management Interview I recently attended a firm sponsored seminar on business valuation where one of the presenters was Sandra Klevan, a seasoned expert in the field who is affiliated with Financial Research in Bala Cynwyd, PA. One of the subjects Sandy touched upon was the importance of the management interview to the valuation process. In an effort to manage costs and, in some instances, out of pure arrogance, some business appraisers will either severely limit or even skip this highly important step. A business... More
- Governor Jack Markell Announces Nominations To The Family Court Bench Governor Jack Markell has announced the nomination of James G. McGiffin, Jr., Gretchen C. Gilchrist and Theresa A. Sedivec to the Family Court bench. James McGiffin, Jr. has been nominated to serve as an Associate Judge in Kent County. He has been nominated to fill the vacancy created by the retirement of Judge William J. Walls, Jr. Gretchen C. Gilchrist has been nominated to serve as a commissioner in the Kent County Family Court. Theresa A. Sedivec has been nominated... More
- Prohibition Of Gender Bias In Custody Cases I often hear parents express a belief or a fear that the law is biased in custody cases. Most often I hear concerns that the Delaware Code presumes that mothers are better parents. Perhaps this fear comes from talking with parents in other states where this may occur. For example, a recent article in Southeast Missourian noted that prior to an amendment in that state’s law the standard custody arrangement in Missouri typically allowed for a mother to have primary... More
- Parents vs. Grandma & Grandpa: Revenge of The Parents On September 9, 2016 the Pennsylvania Supreme Court ruled that portions of the current child custody law were an unconstitutional interference with the fundamental right of parents to raise their children in accordance with their own standards and beliefs. It involves some unusual facts and a quirky portion of the custody law defining when grandparents have standing to seek an award of partial physical custody. The section in controversy, was enacted in 2010. It relates only to requests for partial custody.... More
- Berry Interesting; The Berry-Martinez Divorce Slips Into Neutral This author is not much for the world of Hollywood although this law firm does have an office there. But in reviewing the general news of the day, the screen divulged that the divorce involving Halle Berry and Olivier Martinez is now on hold, nine months after that party started. This is a new phenomenon affecting the ordinary world as well. We have several cases where the parties have either found a reason to stop the presses of divorce filings or... More
- What not to say to your kids in a divorce. As a family lawyer who deals with custody issues, I often remember Keanu Reeve’s line in the 1989 movie, Parenthood: “You know, Mrs. Buckman, you need a license to buy a dog, or drive a car. H(eck), you need a license to catch a fish! But they’ll let any *&%$ (expletive) be a [parent].” There is no instruction manual, and a divorce often brings out some of the challenges of being a parent. Attorneys are often asked by clients what they... More
- Judge Jones Weighs In on Pendente Lite Alimony Under the Amended Statute: The Case of Malik v. Malik You have one household barely scraping by. You have two incomes, but the bills still pile up. From month to month, you pinch pennies, cut coupons and budget. Now take that household, double the expenses, and cut the income in half. Good luck. This situation is something that millions of people face each day. One spouse leaves the residence, seeks a divorce and *surprise* you also need to help support his/her living expenses during the pendency of the matter. But how are you... More
- The Sloppy World Of Contempt Proceedings We have written before about the subject of when and how a person can be in “contempt” of a court order. The word itself is riddled with often misunderstood meaning. What could be worse than having a court decide that you are contemptible? In the past week I have been called to court to prosecute or defend two of these cases. The first instance involved a request to find my client in contempt of a custody order. The court where the... More