Law Office of Gary R. Swavely, Jr. Blog

Even the most passive observer of American life will have noticed that the United States is moving towards granting equal rights to same-sex individuals and couples.  For example, the US Supreme Court recently ruled that same-sex marriages are to be legal in all 50 states.  On the other hand, not every corner of America is moving at the same rate.  The Texas Supreme Court just ruled that while same-sex couples can get married in Texas, that doesn’t necessarily mean that those couples are entitled to the same rights and benefits as married mixed-sex couples.  With so much changing so quickly, family planning for same-sex couples can be very difficult.
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Q:  Who can adopt?

When it comes to Pennsylvania adoption law, there are many avenues to a child and many questions to consider along the journey. Where will you adopt – – domestically or internationally? What age will you adopt – – an infant, child, or teen? How will the adoption be structured – – anonymously or “open” where the birth parent is known and involved on some level in the child's life (even if only through periodic photo and status updates)?

But who can adopt? Is adoption really accessible to anyone?

When most people think of adoption they think of a young "traditional" couple with man and a woman who are unable to conceive and are looking to adopt a newborn to complete their family. But where does that leave the people who want to adopt who don't fit into that narrow vision of family – – single women or men, LGBT couples, or older “traditional” couples?

Legally, all those over the age of 18 are able to adopt in most states, but whether adoption agencies will except applicants from nontraditional situations and process them as aggressively as traditional applicants, is not as likely.
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A prenuptial agreement or “prenup” is a contract a couple makes before marriage that sets out certain expectations and requirements during the marriage or in the event of divorce. A prenup can help strengthen a relationship by making certain expectations clear and improving communication between the couple. It can also help protect financial or family interests, particularly when two high net worth individuals marry or when one or both of the new spouses has children from a previous marriage.

To create a prenup that works, however, you’ll need to avoid major pitfalls. Seeking the advice of a skilled Read more . . .

Q: Should I accept an insurance settlement offer after an accident?

One of the most common grounds for a personal injury action involves automobile accidents.

Personal injury lawsuits arise when a person or entity causes injury or harm to another person as a result of their negligent, careless, or malicious actions or in actions. If the victim can prove the defendant was liable for the accident, they may be entitled to recover compensatory damages for such things as current and future medical expenses, lost income, property damage, pain and suffering, and more, depending on the circumstances of each case.
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Q: How long is the waiting period for a unilateral no-fault divorce in Pennsylvania and when does the period begin?

For couples that want to divorce in Pennsylvania, the good news is that the waiting period for a unilateral no-fault divorce was recently reduced from two years to one year – – so you can move on with your life after divorce a little faster than before.

Maybe.

The key to how fast you can divorce lies in the date of separation of the couple.
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After divorcing your former spouse and gaining custody, you’ve probably grown specially attached to your child. It can be devastating, therefore, when your child no longer wants to stay with you and intimates a preference for the other parent. Nothing is as unsettling as hearing your teenager burst out, “I hate you. I do not want to live here. I want to live with [mom/dad/not you].
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The Internet is a fun to place to connect with other people and share with them. However, some people take advantage of this platform to post negative, untrue and hurtful things about others. Sometimes, the person posting this type of content is a soon-to-be former spouse. This can cause hurt feelings, embarrassment and additional stress during an already stressful time. 

If your spouse is bad-mouthing you online, the last thing you want to do is engage in the same behavior.
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Q: Does drug addiction mean automatic loss of child custody?

A Pennsylvania county has taken a ground-breaking approach to handling child custody cases where a custodial parent is abusing or addicted to opioids or other drugs.

Drug addiction and child abuse reporting laws have combined to become a perfect storm for an already overloaded national foster care system in desperate need of more foster parents.

With opioid addiction becoming a national epidemic and states, including Pennsylvania, requiring those who work closely with children to be "mandatory reporters" of any suspected incidents of child abuse-- often within 24 hours of witnessing the suspected abuse incident or evidence-- the traditional knee-jerk reaction of immediately removing children from the substance abusing parent and placing them into foster care may no longer be feasible.
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No one walks into a marriage expecting to break up afterwards. However, when things get irrecoverably sour, a visit to a divorce lawyer is sometimes inevitable. You may be wondering whether your grounds for divorce are recognized by the state or whether you are legally capable of filing for divorce.
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Q: What happens to the family business when a couple gets divorced?

"It's none of your business" might be one of the more benign phrases a couple might hurl at each other as they navigate the divorce process and its aftermath. And while it may be true with respect to most post-divorce personal matters (like non-cohabitation dating), it is often not the case when the divorcing couple shares a family business.

Failure to plan in advance of a divorce for what will happen to the family business both spouses are involved in in the event of a divorce can leave the divorcing couple with fewer options when the unthinkable does happen.
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Going through a divorce can be a messy process. Court days and fees for attorneys can take a toll, and the whole process is often emotionally draining for everyone involved. It can be very difficult to unwind the shared assets and finances a couple spent time building up.

Most people are aware that the divorce process is going to include the division of assets and debt in some way.