Law Office of Gary R. Swavely, Jr. Blog

Sunday, March 26, 2017

Do I have valid grounds for divorce in Pennsylvania?

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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Saturday, March 11, 2017

Protecting the Family Business with Pre- and Post- Nuptial Agreements

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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Monday, February 27, 2017

What can I do about the debt my spouse is incurring during our separation?

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.

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Sunday, February 12, 2017

Moving In With Someone After Divorce Can Terminate Right to Receive Alimony Payments

When does cohabiting jeopardize the ability to continue receiving alimony from an ex-spouse?

It is not uncommon for one or both of the parties to a divorce to seek new companionship afterwards. But for recipients of alimony who decide to cohabit with a lover after the marriage has been dissolved, there may be an unhappy surprise. Under Pennsylvania law, their alimony rights may be terminated.

A Pennsylvania Statute Makes Some Cohabitation a Bar to Receiving Alimony

The relevant Pennsylvania statute states that, after divorce, cohabiting with a person of the opposite sex who is not a family member is a bar to receiving alimony. Because the purpose of alimony is to provide support for an ex-spouse, cohabiting and sharing living expenses can undermine its rationale.

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Tuesday, January 31, 2017

What are the most common mistakes people make on social media during divorce?

These days, so much of our lives are lived online through social media platforms such as Facebook, Instagram, SnapChat and Twitter. We share the good, the bad and the ugly with the simple push of a button, often without thought to what the fallout might be. When it comes to divorce, there are a lot of psychological and emotional factors that lead us to post certain things, like how we really feel about our ex, to how fast we’ve moved on and are enjoying life. Unfortunately, one ill-advised post can seriously affect your divorce. Here are some of the most common mistakes people make during their divorce.

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Monday, January 16, 2017

Separation Period Prior to Divorce Now Cut in Half in Pennsylvania

In a Pennsylvania no-fault divorce, how long must the parties remain separated before receiving a divorce?

For couples seeking a divorce in Pennsylvania, the process just became a bit easier: the separation period prior to the granting of a divorce has been reduced from two years to one.

Pennsylvania offers two types of no-fault divorce. One of these, divorce by mutual consent, has always been relatively speedy. If both parties agree and complete all the paperwork, the marriage may be able to be dissolved in as little as ninety days.

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Friday, December 30, 2016

We need to find ways to support adoption

What are the most common issues facing individuals and families during the adoption process?

Any parents fortunate enough to have met his or her child through adoption knows what a gift that child is. And likely, they also know the headaches involved in the process. If you are thinking about adopting, you may have a lot of questions and anxiety around what happens next. We hope this article will answer some of those questions and help alleviate some of the anxiety you may be feeling.

November was National Adoption month.
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Wednesday, December 14, 2016

Husband uses drone to catch cheating wife

What are the top 5 ways to lose your cool during a divorce?

Drones have recently become much more than simply a vehicle for high-tech selfies, with uses ranging from law enforcement surveillance to scientific research. Unfortunately, for one Pennsylvania couple, a drone is responsible for revealing an extra-marital affair.  

Husband John Consiglio used a drone to spy on his wife, whom he suspected was cheating on him. After drone footage confirmed his suspicions, Consiglio posted a video of the footage, complete with commentary, onto YouTube. The video, predictably, went viral.

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Monday, November 28, 2016

Brad Pitt seeks joint custody in divorce from Angelina Jolie

What factors does a judge take into account when determining child custody arrangements?

The Jolie-Pitt divorce has been the subject of countless headlines these past couple of months, as people watch with morbid curiosity to see what happens to their children and estate.

The biggest area of contention between the two is child custody. Mr.

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Tuesday, November 15, 2016

After 45 years, Rendells to divorce

Are there special considerations to keep in mind for divorce for “gray divorces”?

Former governor and mayor Ed Rendell recently announced that he and his wife, U.S. Court of Appeals Judge Marjorie Rendell are filing for divorce. The Rendells, who have been separated since 2011, have been married for 45 years.

The two maintain that their split is amicable and that they remain on good terms, as evidenced by their ongoing professional relationship managing the Rendell Center, as well as attending a family trip together to Jamaica.

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Monday, October 31, 2016

Pennsylvania Shortens Waiting Period For No-Fault Divorces

What does this new divorce law mean for you?

Governor Tom Wolf recently signed a new law reducing the mandatory separation period for no-fault divorces. Previously, couples seeking divorce were forced to wait two-years before filing for divorce. Under the new law, divorcing couples now only have to wait one year before filing for no-fault divorce.

Read more . . .

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