For more than 40+ years, the attorneys at Gusty A.E. Sunseri & Associates, P.C., have produced trusted legal results for our clients.
Whether you are buying or selling, your real estate agent will be your partner as you make one of the largest transactions of your life. However, choosing a real estate agent should not be a game of Russian roulette, but rather a choice made with all the facts laid out in front of you. At...
Buying your first home is an exciting time; an outward expression of financial success. Sadly, unresolved title issues can quickly force the process to come to a screeching halt. Unless you have performed a title search, you will likely be unaware of these issues until you later decide to sell. In an Allegheny County real...
Custody orders may be legally binding, but that doesn’t necessarily make them permanent. Circumstances change, and what works for a family when the court issues a custody order may no longer work after they do. You don’t necessarily need to struggle through untenable arrangements, but you will need a custody order modification to avoid legal...
In many families, a parent who passes away may leave their home or other real estate to multiple heirs, such as children or grandchildren. However, when multiple family members share in the inheritance of a property during the estate administration process, what rules apply when selling the property? For example, can one heir force a...
Happy hour is a great way to get customers in the door, but the rules around pricing, timing, and advertising are stricter than many owners realize. A simple mistake like extending your drink specials too long can end in fines or even liquor license suspension.
Bringing two families together creates new bonds and relationships that enrich everyone’s lives. Yet the complexity of these situations requires thoughtful planning so that all family members receive fair treatment and protection in your estate plan. For Western Pennsylvania families, trusts offer flexible solutions that honor both your current marriage and your responsibilities to children...
No matter which parent has primary custody of your child, relocating that child after a Pennsylvania divorce is a complex process. Not following the rules can have drastic consequences, so talk to a Pittsburgh child custody lawyer to understand your rights and obligations. Otherwise, you could be in serious trouble, and the courts might revise...
Although buyers may sign contracts to close on a real estate purchase, they might later wish to back out for various reasons. Their financing might fall through, they might discover significant issues with the property, or they might get cold feet over such a large purchase. But does Pennsylvania real estate law allow a buyer...
Do you own property in Pennsylvania? You may wonder whether an individual or a government entity can take your property away from you despite your property rights. You can protect your property rights against others by maintaining the property and posting No Trespassing signs. Pennsylvania’s Property Rights Protection Act limits the power of government entities...
Many real estate transactions, including the purchase and sale of residences, can involve significant and complex issues. Hiring an experienced real estate attorney can help you navigate challenges that may arise in a real estate transaction. Although Pennsylvania does not require parties in a residential real estate transaction to hire a lawyer, having legal counsel...
Gusty Sunseri & Associates, P.C., is proud to announce that firm founder Gusty A.E. Sunseri was named a Pennsylvania Super Lawyer for 2025. It’s the ninth straight year Attorney Sunseri has won Super Lawyers honors, reflecting his commitment to his client and his long history of legal excellence. While Attorney Sunseri focuses on Pennsylvania business...
When you buy or sell property in Pennsylvania, you will need various documents to consummate your real estate transaction. Knowing what documents you need to buy or sell property can help you prepare for your Pennsylvania real estate transaction.
The prospect of launching a new business can be thrilling, yet daunting, as you bring your ideas to life. Understanding what you need to do before you open your doors to the public can make the difference between a flourishing enterprise and an avoidable failure.
If you’re divorcing this year, you and your spouse will likely be filing a joint income tax return for the last time. It’s not too early, however, to start thinking about Tax Year 2024 and next year, when you’ll be filing your returns separately (assuming your divorce is final by year-end).
Some couples that are preparing for divorce in Pennsylvania have very little negotiation to do. They already have a marital agreement that outlines how they should divide their debts and assets. However, those without a written agreement will need to negotiate with their spouses to divide their property.
Probate is a legal process that occurs after someone passes away, and it involves the distribution of their assets and the settlement of their debts.
A trust can serve as a powerful tool to manage and preserve your assets. This legal arrangement allows you to transfer your assets to a trustee, who manages and distributes them according to your wishes and instructions.
Deciding to pursue your dreams and start a Pennsylvania business is a monumental step and can be exciting and stressful. While you may have 101 things on your to-do list, determining your business structure is a decision you should not take lightly.
As a business owner, you frequently enter into business contracts with an array of people and other businesses.
Divorce involves many financial adjustments. One of the biggest is child support. In Pennsylvania, both parents have a responsibility to bear the costs of rearing a child. This legal mechanism makes sure the needs of dependents are continually met.
The legal and financial repercussions of divorce can be immense. One of the biggest is what happens to a business. A frightening possibility is an ex-spouse affecting yours.
Divorce impacts the whole family, not just the adults who are divorcing. Sometimes, in the midst of the stress that divorce can create, this may be easy to forget.
When purchasing a home, you officially gain ownership when you receive the title for the property. However, in some cases that title may come with more baggage than you bargained for.
Just as adults experience psychological effects from divorce, children can also struggle with emotional and mental health challenges. There is no denying the negative effects of physical separation, increased anxiety, chronic depression or perceptions of instability.
Western Pennsylvania is very heavily wooded, and with the amount of snow and ice the area receives during the winter, fallen trees and branches are a given. The prospect of fallen trees can be even more stressful if you have a neighbor whose tree extends over your property.
Perhaps you have dreamed about starting a business of your own for years and the time is finally right to get it off the ground.
Divorce is never easy, but couples who split after the age of 50 must deal with various challenges they would not have faced at a younger age.
A real estate attorney is a legal professional who specializes in real estate transactions. They can help you with all aspects of real estate law, including buying and selling property. If you’re looking to make a real estate transaction and need this professional’s assistance, it’s important to understand their roles first. Read on to learn...
Property owners in Pennsylvania usually build fences so that they don’t have to deal with their neighbors too much. However, a poorly planned fence could cause two neighbors to get into a conflict that results in a lot of unwanted interactions.
Purchasing a Pennsylvania business may allow you to minimize your risk of failing as an entrepreneur. However, there are many items that you’ll need to consider before the acquisition becomes official. For instance, it’s a good idea to determine if the company can be profitable in the long-term or if it is involved in any...
Every year, entrepreneurs open new companies throughout Pennsylvania. If you’re ready to launch your new company, there are several steps you’ll need to take. One of the most beneficial steps might be to have a lawyer on your side. Here are a few ways an attorney may help you with forming a new business.
There are not many relationships resembling the one shared between grandparents and their grandchildren. This bond of love will sometimes cause a grandparent in Pennsylvania to become worried if they sense a problem exists in the lives of one or more of their grandkids. However, when it becomes apparent intervention is necessary, a grandparent may...
Navigating life after divorce can be complicated, especially when your kids are involved. Thinking about and trying to calculate child support payments is just one factor that can contribute to these complications.
The process of divorce is no easy journey and can often be riddled with obstacle after obstacle. One of the most common errors that people in Pennsylvania and throughout the country make during the process is forgetting to include an order regarding their retirement plans. Because many divorces happen long before retirement is even on...
Newer vehicles come with safety features that can help prevent crashes as well as mitigate the severity of those that do occur. While there are financial concerns that keep many drivers in Pennsylvania from purchasing newer vehicles, that’s not the only factor that makes certain age groups more prone to drive older vehicles.
A will and a living will can be key components of any Pennsylvania resident’s estate plan. If you die without a valid will, state law will typically determine who gets your assets or who becomes the guardian for a minor child. If you don’t have a living will, family members may have to make medical...
You or a loved one in Pennsylvania may have been misdiagnosed and harmed as a result, in which case you’re not alone. The journal Diagnosis has published the results of a study showing how diagnostic errors, which are the most common of all serious medical errors, are behind one third of malpractice cases involving death...
In some ways, ending a business relationship is a lot like ending a marriage. For instance, you could save yourself a lot of money by putting a partnership agreement in writing. The agreement may specify how to dissolve the partnership and what happens to the company after the relationship comes to an end. In some...
Pennsylvania divorces can involve complex financial issues. One of the most contentious aspects of many divorce cases involves the division of assets and debts, and many people exit their divorces worse off financially. One way that people might prevent financial problems during and after divorce is to work with certified divorce financial advisors (CDFA). These...
There are advantages and disadvantages to using an irrevocable trust, and for most people, a revocable trust is sufficient. However, there are situations in which an irrevocable trust, which usually cannot be changed, is a good idea. For example, while the federal estate tax exemption is high enough that few people need the protection an...
Entrepreneurs often start out as freelancers or sole proprietors. But for many, there comes a time when those kinds of business structures just don’t work anymore. Every businessperson in Pennsylvania should know a bit about limited liability companies and how they work. LLCs can act as a great form of protection from certain kinds of...
Many Pennsylvania drivers will no doubt have to brake hard on occasion. Someone may have cut in front of them without warning, or perhaps they have acted aggressively by tailgating. Whatever the situation, hard braking is a sign of unsafe driving, so it’s no wonder that there can be a correlation between the rate of...
Estate planning is one of the key steps anyone can take to protect their family and their assets. One of the best-known reasons for thorough estate planning is the tax advantages. However, that’s not the only reason or even the most important one. Peace of mind is really the most significant reason to pursue estate...
Workers in Pennsylvania and around the country who have access to trade secrets or other sensitive information often have non-compete clauses in their employment contracts or are asked to sign separate non-compete agreements. These clauses or agreements are designed to protect employers by preventing key workers from taking positions at competing businesses and sharing proprietary...
People in Pennsylvania may need to revise their estate plan when they have children or when they get a divorce. A change in laws, the death of an executor or losing a copy of the original will may also require a revised estate plan. A person who is creating a new will should make it...
Divorcing a narcissist carries some particular risks, but people in Pennsylvania who are in this situation can also take steps to protect themselves. Narcissists tend to use several different approaches to destabilize the other person and try to get their way. Recognizing this psychological manipulation for what it is can help people combat it.
Pennsylvania couples planning for marriage should discuss whether to get a prenuptial agreement, particularly if they are business owners. Assets acquired before marriage generally are considered separate property, and assets acquired by either spouse during their marriage are marital property, which must be divided “equitably,” or fairly, in a divorce. Individuals can make their own...
If you own property in Pennsylvania, you will ideally include it in some sort of estate plan. You will also ideally have an estate plan if you have children that will need to be cared for in the event that you die or become incapacitated. While you may not want to think about that happening,...
Like many Pennsylvania residents, you may be afraid of putting together your own estate plan. People do not like to do anything that relates to their own mortality or infirmity. Additionally, they may be intimidated by the estate planning process. The advice is to not let any of this get in your way.
Pennsylvania residents who have not set up an estate plan yet are not alone. Many people, even those that are elderly, put off even the simplest estate planning tasks. A lot of people delay estate planning because they don’t understand it, they think it’s only for the very wealthy, or they think it will be...
Family law courts are increasingly likely to encourage child custody arrangements that allow children to have roughly equal time with both parents. Pennsylvania parents who are trying to work out a custody schedule for their children might assume that the best choice is a schedule in which the child alternates weeks with each parent.
There have been several recent accidents in Pennsylvania involving cars that have driver-assist features. This is part of a growing trend nationally that has led to regulatory scrutiny of whether these features that are intended to help drivers are actually safe for them. According to the Insurance Institute of Highway Safety, driver-assist systems can have...
It isn’t uncommon for individuals in Pennsylvania and throughout America to have trouble managing a large financial windfall. This can be true whether a person gets a significant raise at work or inherits a large sum of money from a parent or grandparent. However, there are ways that individuals can help to protect beneficiaries from...
If you face criminal charges in Pennsylvania, you may be ordered to receive certain psychological or IQ tests. These tests may be used to assess your eligibility for bail before trial, adjust your sentence or evaluate your likelihood to commit another crime. While you may expect that any tests used in court are backed up...
When people in Pennsylvania think about planning their estate, they may simply divide their possessions into fractions, leaving equal portions for each of their children or other loved ones. When it comes to dividing the proceeds from a real estate sale, the contents of a bank account or the payout from an insurance policy, this...
When Pennsylvania residents who have sizable estates want to plan how to pass their assets to their children or preserve them for future generations, there are a few methods for doing so. Proper estate planning might help their families to avoid probate and estate taxes. It also can help to protect their children if they...
In a federal civil case, two or more parties will ask a judge to determine if the defendant has caused harm to the plaintiff. The case begins with the plaintiff serving a copy of the complaint to the court as well as to the defendant. A complaint explains why the case has been filed, why...
Parents and other family members of individuals in Pennsylvania who receive Medicaid and Supplemental Security Income because of a disability may want to create a special needs trust as part of their estate plan. Having assets above a certain amount can result in disqualification for these benefits.
Depending on the part of Pennsylvania, real estate can get quite expensive. This makes it difficult for spouses to retain the marital home after the divorce because it will require a large outlay of money. However, one silver lining to the current economic situation is that it may be easier for a spouse to stay...
Victims of car accidents may find that they may have many damages following an unexpected car accident. They may also be unsure what to do about them which is why it is useful to be familiar with personal injury legal damages and what they can do to help injured car accident victims.
Property division is always a top concern during the divorce process. When the divorcing couple owns a family business, dividing the business and their property can be complex, but it is important for the divorcing spouses to be prepared for what to expect so they can protect their interests.
There are several important components of an overall effective estate plan but the foundation is usually a will. It is important for estate planners to ensure that their will is valid and that it complies with all relevant laws and to do that, estate planners should ensure they understand what a will includes and what...
Business formation is an important step for any new business owner to consider. It is one of the most important decisions a new business owner or entrepreneur setting up a business will make. As a result, they should understand how business law and the different business forms available can help them make the best decision...
If you have found yourself accused of a serious crime, you undoubtedly want to know how to handle your case. This may be the first time you have ever gotten into serious trouble, and you may wonder how you even ended up here. Still, you are here and need to understand your legal options.
Zoning laws can be particularly important to property owners because they can have a dramatic impact on the property owner’s use of their property. Zoning laws regulate the development and use of real estate; the most common type of land-use law includes zoning laws.
There are many important components of an effective Pennsylvania estate plan and an advance healthcare directive is one of them. Having an advance healthcare directive can provide peace of mind for both the estate planner and their loved ones, when the time comes that the estate planner can no longer make medical decisions for themselves....
Knowing when to update an estate plan can be just as important as knowing what to include in an estate plan and understanding the importance of having one. There are several important situations that should trigger a review of an estate plan that every estate planner should be familiar with.
Negligence law is a cornerstone of personal injury legal protections and remedies for victims. Victims of car accidents or other types of accidents may have heard that the other driver was negligent but wondered what that means. Liability for harm suffered in a car or other type of accident is based on negligence which is...
Summer is over, and perhaps this is the semester you have waited for, the time when you are no longer the lowest member of your club or organization’s hierarchy. You may have endured the initiation process with strength and dignity, and now it is time for you to be part of the initiation for incoming...
Victims of pedestrian accidents can suffer devastating injuries and consequences. As a result, it is important for them to be familiar with personal injury legal protections that may be able to help them with their damages and the harm they have suffered.
Most of us spend our lives working hard to care for our families, which is what an estate plan can help with to ensure surviving loves ones are taken care of after their loved one is gone. This can provide invaluable peace of mind for both the estate planner and their families.
The family law process serves as a resource to help parents work out child support and child custody concerns. The family law process can both help parents establish child support and a child custody arrangement, and can also help them modify child support and child custody when needed.
There are a variety of important goals for an employment-related contract, including that it protects the employer and the employer’s business and creates a positive work environment for the employee. Because of the importance of an employment contract, employers should understand how to structure an employment contract and the employment law resources available to help....
Divorce is already a difficult process, but when one spouse decides to play the game unfairly, it can add another layer of complication. One of the most frequent ways that people are unfair in their divorces is when they try to hide assets. They often do this in an effort to get revenge, act out...
A civil action for damages can help car accident victims and victims of medical malpractice, defective or dangerous products or other traumatic accidents with the physical financial and emotional damages they have suffered. Injured victims may wonder about the specific types of damages they may be able to recover and what they can help with....
In today’s world, there are more threats to sensitive information than ever. While security measures are constantly improving, hackers seem to always be one step ahead of the game.
Contract relationships provide a foundation to many business transactions and business relationships. As a result, parties to a contract should always understand how contracts work, what to do in circumstances of a contract dispute and business law basics as well.
Everyone should ensure they have an estate plan and a valid will is an important part of that. There are a variety of different benefits to having a will and estate planners and potential estate planners should be familiar with what they are.
Your divorce may be good for your family in the long run—but that doesn’t mean it won’t be hard on everyone involved as well. It may be especially hard on younger people.
As is well known, it is not inexpensive to raise a child in today’s world and children have the right to support and care from their parents. There are many things to pay for the maintenance of a child and child support helps ensure the needs of the child are met when parents are divorced...
Knowing when to update an estate plan is almost as important as developing one to begin with. Keeping an estate plan current as life changes can help ensure the estate planner has the peace of mind the estate plan can create that their family and loved ones will be taken care of according to their...
Child custody is the most important part of many divorces. There are different types of child custody and standards for how child custody determinations are made and divorcing parents should ensure all of their important child custody questions are answered and concerns addressed.
When selecting a business form, there are many considerations to consider. Selecting the best business form for their venture is one of the most important decisions a business owner or entrepreneur will make so they should have all the information before making the selection and be aware that business law resources can help.
Medical malpractice can harm victims and their families. Because of this reality, it is essential for victims of medical malpractice and their families to know how to protect themselves and the legal resources available to help them do that.
Estate planning is important for everyone which is why estate planners should carefully consider their estate planning options. Estate planning includes a set of legal tools that help estate planners develop a comprehensive estate plan that reflects their wishes and works for them.
The idea of selling your business can be a freeing one. You may imagine retiring, spending more time with family or even beginning a new business endeavor.
Imagine a scenario where you attend a dinner party with close friends. You enjoy reconnecting with your peers over a few glasses of wine and decide to stay the night – because you want to be a safe driver.
Pennsylvania recognizes at-will employment. This means that an employee can be fired at any time with or without cause. On the flip side, an employee can quit a job at any time. Of course, there may be consequences for prematurely terminating employment, especially when that employment is dictated by an employment contract or discrimination has...
Generally, it is a good idea for every adult to have a will. None of us will live forever, and unexpected accidents happen all the time. Although you may think you have nothing to pass on, the amount of money you have now may not be as relevant as it seems. Depending on how you...
Oftentimes, when individuals are accused of committing a crime, their defense is to show that they were not involved in the alleged criminal wrongdoing in any way. An individual accused of robbery or murder, for example, may present an alibi to demonstrate that he or she was somewhere else when the crime occurred. However, sometimes...
A recent post here discussed how“bird nesting“ can play into child custody and visitation issues. While this is just one way to deal with this prevalent family law issue, it does show just how creative the resolution process can be. When parties to a child custody or visitation issue are able to amicably work through...
Individuals who are interested in starting a business have many important decisions that they must make. One critical issue that they must figure out is how to raise the funds needed to finance their endeavor. This week we want to take a brief look at venture capital and how it can be beneficial to entrepreneurs....
Individuals who are invited onto the property of another, whether that be as a customer in a store or as a social guest at a friend’s gathering, usually don’t give much thought to how the property itself may pose a danger to their safety and well-being. Yet, oftentimes property owners failed to routinely inspect their...
Being accused of a crime can fill an individual with anxiety. This is understandable. After all, a conviction on criminal charges can result in harsh penalties that can have long-lasting consequences. For example, an individual may wind up facing the possibility of months or even years behind bars. He or she may also end up...
For an establishment that serves alcohol, losing a liquor license is incredibly detrimental and may even ruin your business. In Pennsylvania, it is the Pennsylvania State Police, Bureau of Liquor Control Enforcement (PSP BLCE) that enforces liquor license violations.
Divorce can be a stressful process for anyone, but it can be even more so for children. Kids oftentimes don’t have any concept that their parents are even capable of breaking up, so the sudden shift in relationship and their own living environment can leave them emotionally and physically changed. Of course, most parents want...
Your company has grown from just a few employees and family members to an expanding concern and now it’s time to get serious about creating an employee handbook. Where do you start?
Forgery is a serious criminal offense in Pennsylvania. Those who are convicted of this crime can face significant penalties, including jail time, fines, and damage to their reputation, and one of these convictions can also be used against an individual in future legal matters to show that he or she lacks truthfulness. So, there is...
Starting a business can be a tricky endeavor. Those who are successful in doing so can feel an enormous sense of pride, as they should, since this is a big accomplishment. However, business troubles don’t end with the successful creation of a business. Instead, they are oftentimes just beginning. Knowing how to handle these matters...
For decades, people have wondered whether living together before tying the knot increases or decreases the risk of divorce. Some say that living together first gives couples the opportunity to truly get to know each other, while others claim point to studies, including a recent one, that claim that cohabitation actually increases the chances of...
Individuals who have been involved in a car accident usually know that the injuries suffered in these wrecks can fall anywhere on a spectrum of severity. At one end are those injuries that are debilitating and have life-long impacts. These injuries include brain and spinal cord injuries, which can leave a victim paralyzed and with...
Whether you are a Pennsylvania entrepreneur starting a new company or an established business owner seeking to expand, you likely will face the necessity of signing a commercial lease. As you know, few businesses operate out of premises they own, and instead lease property out of which to conduct business.
A sudden arrest for alleged criminal wrongdoing can turn your world upside-down. At one moment you might be going about your business as usual, and then you’re being threatened with years of imprisonment and financially ruinous fines. Your reputation can also be irreparably damaged. This is the case for many Pittsburgh-area residents. Sadly, even when...
It doesn’t take someone experienced in the field ofdivorce to recognize that it is, in addition to an emotional process, a financial transaction. Marriage dissolution in Pittsburgh, in part, consists of dividing assets and debts in a way that is fair under the circumstances. This is commonly referred to equitable division of property. While this...
As we discussed on a recent post to this blog, the digital age has reshaped the ways in which business is carried out. While this can make markets broader and communications more efficient, it can also make matters more confusing. In the world of business, misunderstandings and downright deceit can have enormous ramifications. Breached contracts...
The unexpected death of an individual usually raises eyebrows. In many of these instances, people who are close to the deceased individual, as well as the police, often look to place blame on someone else. This can cause Pennsylvania residents to be charged with serious criminal offenses.
As someone who owns and operates your own small business, you probably try your best to put “aces in places” and hire people you trust will work hard on your behalf. While hiring the right people is a critical component of operating any business, so, too, is setting clear guidelines about what you expect from...
For Pennsylvanians who have children, no other family law may mean more to them than child custody and visitation. When they come up, the outcomes of these issues can completely define or redefine one’s relationship with his or her child. This means that those who have an interest in maintaining a relationship with a child...
We’ve talked previously on this blog about the dangers that can be posed by semi-trucks when they are driven in an unsafe fashion. Sadly, Pennsylvania residents can’t tell when a trucker is tired, intoxicated, or distracted, which means that at any given time they could be susceptible to being seriously injured or even killed in...
With new emerging technologies come changes to the business environment. This is especially true when it comes to the digital world where computers, cellphones, and other devices make interconnectivity a 24-hour affair. Due to this, Pennsylvania employers and employees alike need to ensure that they are taking the proper steps to protect themselves.
It’s an unfortunate reality that many Pennsylvanians fail to recognize the magnitude of being charged with a crime, even those that seem relatively minor. These individuals neglect to see that a conviction for just about any criminal offense has the potential to carry penalties that include jail time, fines, and a criminal record that can...
The police are supposed to work to serve and protect the public. This means patrolling neighborhoods, upholding the law, and stopping crime in progress. As is the nature of their profession, officers sometimes become confrontation with individuals. While this is expected from time-to-time, in some instances it leads to scuffles that can result in an...
Conflict in the workplace is common, but if left unchecked, it can have an adverse effect on the business.
Domestic violence is one of those issues that most people are aware exists but fail to recognize its prevalence. There are likely thousands upon thousands of families in Pennsylvania where domestic violence and emotional abuse are a frequent occurrence. While these situations can obviously leave victims susceptible to serious harm, they can also pose a...
Many Pittsburgh-area residents who are injured as a result of the negligence of another are fortunate enough to escape with relatively minor injuries. These injuries may include scrapes, bruises or cuts. More moderate accidents leave victims suffering from broken bones and gashes that may require stitches. Although these injuries can be painful and take some...
Various documents are necessary in the workplace. Employment contracts can serve a very important purpose in the business world. On one hand, it can allow an employee to solidify his or her compensation and benefits, as well as the term during which he or she will be employed. On the other hand, a business can...
Parking lots are the scene of many fender benders. Cars blindly pull out of parking spots only to be struck by oncoming vehicles. Others pull into parking lot lanes too quickly and too widely, causing them to strike vehicles traveling in the opposite direction. Fortunately, given the relatively slow speeds vehicles generally travel through parking...
There are a number of ways to start a new business. Some people take a unique idea or an old idea with a fresh twist and start their enterprise by building it from the ground up. Others, though, would rather jump into a business that is already reputable and has supply chains intact. For those...
If you are a resident of Pennsylvania who is looking to establish your own business, you may be giving some close consideration to exactly what type of business structure you want to create. Different business structure types offer different benefits and drawbacks, but if minimizing the amount of personal liability you have in your business...
Those facing family law issues can quickly find themselves upset and overwhelmed. This is understandable, as these matters are often charged with emotion. This can be especially true when children are involved. Marriage dissolution, or even the end of an unmarried relationship that had children, can lead to a fight over the establishment of custody....
We enter the property of others with little thought about what could happen while on that property. Premises liability is the legal theory where an individual who is injured by a dangerous property condition can recover compensation for his or her damages if certain legal elements are shown. For example, those who are invited onto...
The decision to start a business isn’t one that should be taken lightly. Those who choose to engage in entrepreneurship often wind up putting their future and their finances on the line. When their businesses fail, their financial security and future can take a significant setback. This is why it is imperative for these individuals...
When you are looking to hire employees for your business, you should have an employment contract. A good contract will explain all the terms of employment clearly and protect you from liabilities. If you do not have a comprehensive contract, you may face lawsuits from your employees if something goes wrong.
It’s not uncommon for relationships to sour, even familial ones. Most of the time, these relationships can be repaired after harsh words are exchanged. In other instances, though, these spats turn into allegations of criminal wrongdoing. Physical violence, theft, sexual assault and even murder can all be alleged against an individual all out of bad...
Ending a marriage comes with many important and difficult decisions. When it comes to divorce legal issues, to many Pennsylvanians, none are as important as child custody and visitation. Depending on how the matter sorts out, an individual may find him or herself part of a joint custody arrangement, whereby the parents share physical and...
There’s no doubt that the economy has recovered considerably since the Great Recession. With the job market growing in response and the employment rate continuing to decline, employers are often left competing for the best employees in their field. This means that the terms of one’s potential employment need to be strong, which is sometimes...
A few weeks ago on the blog we discussed the dangers of drowsy driving. Unfortunately, far too many motorists on the road today are fatigued, which can seriously impact their driving abilities. Their reaction time can be slowed, their decision-making impaired and when they fall asleep behind the wheel they can swerve into oncoming traffic,...
Estate plans are an essential tool for those in the Pittsburgh area who want to protect their legacies. If you feel like you cannot benefit from estate planning when you have debt, you have been sadly misinformed. You do not need to have a considerable amount of wealth or debt to use estate plans. Depending...
There’s no denying the fact that car accidents continue to impose extensive physical, emotional and financial devastation of Pittsburgh residents. Although there are a number of reasons for these wrecks, including wrongdoing on a victim’s part, it oftentimes results in a driver facing criminal charges. Sometimes such charges are relatively minor, such as a traffic...
Before a business can get up and running in Pennsylvania, many important decisions must be made. Amongst those decisions is the one regarding the structure that the business will take. There are often advantages and disadvantages to each, and fully understanding them is imperative to making the right decision.
Thanks to public service initiatives, laws and tragic stories, Pennsylvanians are well aware of the dangers posed by drunk driving. These motorists can see their driving skills severely diminished as reaction time slows, the ability to multitask is impaired, and maintaining a lane becomes extremely difficult. As dangerous as drunk driving is, though, it is...
Unmarried Pennsylvanians who see their relationship with their significant come to an end can find themselves facing similar, if not identical, family law issues as those who go through a divorce. When it comes to one of these issues, though, there can be some significant differences. Whereas paternity is assumed when a child is born...
Criminal prosecutions are often based on evidence that is collected during the execution of a search warrant. Although the police certainly have the right to request a search warrant, certain requirements must be met before it can be determined that a search warrant can be legally issued. After all, the U.S. Constitution protects citizens’ rights...
As a Pittsburgh area entrepreneur, you probably have yet to learn that disputes and disagreements happen all the time. It is important for you to learn proper methods of resolution to mitigate the need for litigation. In some business disagreements, it is possible to resolve them without racking up the legal expenses. Quick dispute resolutions...
As we have discussed previously on this blog, ending a marriage is not an easy time. Divorce can have a tremendous impact on one’s finances for years and even decades to come. Most often, this impact is caused by property division, alimony and child support, which is why it is critical that Pennsylvanians fully understand...
Drunk driving is aggressively policed across Pennsylvania. Therefore, many individuals who are subjected to a traffic stop are also subjected to field sobriety tests. Others are forced to take these tests, in addition to a breathalyzer test, after being chosen for closer inspection at a DUI checkpoint. Regardless of how allegations of drunk driving come...
Whether they like it or not, business owners often find themselves amidst conflict. Sometimes this friction is caused from the negotiation of a contract or laying out a business plan with partners. However, some conflict arises from interactions with employees. This is particularly true in the hiring and firing process. If these issues are handled...
With consistently warm weather just around the corner, many Pennsylvania residents may be preparing themselves to take their motorcycles out of the garage and hit the road. Although riding a motorcycle can be a peaceful, relaxing, fun and cost-effective way to get around town, it can also be dangerous. Some motorcycle accidents are caused by...
As a new Pittsburgh area business owner, you may feel excited and ready for the challenges that come with growing and maintaining a successful company. Here at the outset is the ideal time to anticipate potential legal and ethical issues that might arise so you can put plans in place to mitigate them.
There are essential documents when it comes to starting and running a business. Contracts can provide a solid foundation for conducting business, hiring employees and ensuring that competition is minimized. However, a contract is only as strong as the terms contained within it. Since a contract is essentially a bartered exchange, strong negotiation can make...
The war on drugs has been raging across the U.S. for a number of decades now. The only difference is that the drugs receiving the most attention now and those accused of violating the state’s drug laws are different than they were in the 1980s and 90s. Today, the focus has significantly shifted away from...
Divorce is a complex process in itself. When a divorcing couple owns a business, it can become even harder.
Some criminal offense may seem relatively minor to Pittsburgh residents. Some may not even seem like crimes at all. This is particularly true when young adults vandalize the property of another. It can be easy to write these instances off as young people making mistakes, but Pennsylvania law views it as a punishable offense. This...
On its face, the business world is pretty easy to understand. Companies are created to sell goods and services to customers. Once you dig a little deeper, though, you can see that the business world can be fraught with legal complexities. Merely starting a business can be a legal and financial challenge, and so, too,...
Entering onto property owned by another should not give rise to fear. Unfortunately, though, far too often unsuspecting individuals invited onto the property of another are subjected to dangerous property conditions that can leave them with serious injuries. Oftentimes, this occurs in a retail or grocery store, but it can also happen when visiting others...
Businesses have a lot of issues that must be dealt with on a consistent basis. Many of these matters have a direct impact on a business’s bottom line. Whether it is a contract dispute that threatens to slow the delivery or sale of a product, an intellectual property infringement that waters down the potency of...
With the opioid epidemic seeming to take the country by storm, local law enforcement agencies are cracking down hard on both those they believe are selling illegal narcotics as well as those who use them. The penalties for even the most minor drug conviction can leave individuals in a difficult position. They may be facing...
In today’s growing economy, one’s business is only as good as the employees who work there. This means that attracting and maintaining top-notch talent can be crucial to a business’s success. Although there may be many ways to try to attract beneficial employees, one way to try to secure desirable employees is to offer them...
Being charged with a criminal offense can be frightening. Prosecutors who are convinced of your guilt can threaten to put you behind bars for longer than you ever imagined. This can rip you away from your job, your family and everything else you have worked hard for in your life. In addition to losing your...
Contract disputes are a common problem for businesses. They can occur between employers and employees or between different companies. Frequently, it is between a business and an independent contractor.
Starting a business isn’t just about identifying a problem and finding a solution. Sure, these aspects are critical to founding and successfully running a business, but there are a number of logistical elements that can be just as pivotal to a business’s success.
Car accidents leave their victims with all kinds of injuries. Those who are fortunate, escape with nothing but a few scrapes and perhaps a bruise or two. Others, though, face a far worse fate. These individuals suffer serious injuries that leave them permanently disabled. While their new physical limitations are more than many can bear,...
There are many considerations that must be taken into account when creating and maintaining a business. The type of business created, the employees to hire and countless management decisions can all make or break one’s company. One long-term, ongoing business issue is the building and maintenance of the brand and reputation. This can take years,...
Starting a business is an exciting endeavor, and there are many ways to establish your company legally so that you can begin turning a profit. Navigating all of the options and determining the best one can be a challenge, but many business owners elect to form their business as a limited liability company — also...
Negligence occurs around us more than most of us realize. Other motorists are distracted, drunk or tired, and medical professionals may fail to order or accurately read certain tests. Even property owners can be negligent in failing to recognize and free their premises from hazardous conditions. These situations can lead to accidents that leave victims...
Regardless of what you may have heard about states relaxing their drug laws, the fact of the matter is that the war on drugs rages on. Local law enforcement and prosecutors are aggressive in their investigation and prosecution of those they feel have broken the state’s drug laws. Those on the receiving end of a...
Legal issues can arise among families. This blog has previously discussed family law issues and why it is important to address them appropriately. One topic we have touched on is prenuptial agreements. Regardless of one’s wealth or strength of relationship with his or her soon-to-be spouse, a prenuptial agreement can prove to be beneficial. It...
If you are thinking about starting a business, then you have a lot on your plate. You may find yourself pondering how you will raise capital, who you will hire to help you provide your goods or services and how you will protect your brand. Yet, from the get-go, the entity form you choose can...
You already know that so much goes into starting your own business, from its conception to realization. One step you want to remember is forming your company’s handbook. Also known as the employee handbook, it outlines to your employees the policies and procedures of your company.
Family law matters, as it relates to child custody, tends to favor mothers. If you are a woman, this is a good thing. If you are a father who is hoping to secure parental rights, then this may pose as a barrier. For these men, establishing paternity can be a crucial first step. Yet, mothers,...
There are a number of sex-related criminal offenses recognized by Pennsylvania law. One subset of these offenses are those crimes related to prostitution. Those who are accused of prostitution or solicitation can find themselves embarrassed, but there is often much more at stake than just their feelings. And if convicted, an individual could face a...
Pennsylvanians who have been injured in an accident caused by the negligence of another may rightfully ask what they can do to recover compensation for their damages. In order to succeed on one of these claims, certain legal elements must be proven by a preponderance of the evidence. Amongst these elements are that the defendant...
Raising a child can be quite expensive. When young, children will need diapers and baby food as well as childcare. As they age, the expenses may change, but they remain constant. School supplies, clothing, food and extracurricular activities can all put a massive dent in parents’ wallets. While covering these costs can be difficult for...
The damages suffered in a car accident can be quite extensive. A victim may be subjected to physical pain and suffering, and the emotional toll taken can be quite significant. Additionally, a victim can be left with financial losses that can leave him or her on unsteady financial footing. These losses can include medical expenses...
If you are finally getting around to starting that business in Pittsburgh you have long been thinking about, there are some things you need to take into consideration first.
Previously, this blog discussed how Pennsylvania law defines the criminal offense of theft. Knowing how the law defines these offenses is critical, as oftentimes the statutory language can give rise to criminal defense options. For example, with many kinds of theft, prosecutors must show some sort of intent before a conviction can be obtained. Proving...
Alcohol is a drug that can either be enjoyed responsibly or irresponsibly. Although most people know their limit, even these individuals may inaccurately assess their driving abilities after consuming any number of alcoholic beverages. When these individuals get behind the wheel, they may put themselves and others at risk of serious harm or even death....
Choosing the right structure for your business is an essential step toward its future success. Several options exist for Pennsylvania business owners, each offering its own pros and cons. Your choice may depend on your type of business, its size and your future plans for it.
As drunk driving accidents continue to be prevalent in today’s society, the authorities are always looking for a reason to stop drivers. Once a stop occurs, police officers rely on a multitude of tests in order to determine, in their opinion, whether a motorist is intoxicated. The results of these tests are then handed off...
Nearly every day, we all enter onto the premises of another. Whether we go to work, go to the store or visit a friend, we often step onto these properties without much thought about our safety. There is good reason for this. After all, the law aims to protect people who are invited onto property...
When property goes missing, many individuals are quick point the finger and blame others for their loss. Although sometimes others are responsible for missing property, other times allegations are falsely made or falsely levied against an individual. Yet, when accusations are made, a Pennsylvania resident can wind up facing criminal charges for stealing. In order...
You need to consider all of your options to protect your identity, credit scores, bank accounts, etc. If you are a victim of the Equifax Security Breach, contact our law firm, Gusty A. E. Sunseri & Associates, P.C., for a free legal consultation regarding how to protect yourself.
The decision to get married is often one that is made out of love, and this is rightly so. Yet, despite the flood of emotions a couple may feel when they decide to take the plunge into matrimony, they need to realize that they are not only making a decision based on what they feel...
Contracts are a pivotal part of conducting business. Without them, businesses would be left to rely on each other’s word, leaving them no legal recourse in the event that a party does not live up to its side of the bargain. Therefore, contracts can be a great way for businesses and individuals to ensure that...
As you get ready to create estate plans and make your end-of-life care instructions, you may find yourself wondering if you really need a living will or trust. Although they sound alike, they serve two different purposes.
Divorce can be a big decision, not only because of the emotional ramifications that can come with ending what was once a strong relationship, but also because of the financial impact it can have on an individual’s post-divorce life. Of course, child support and alimony can play key roles in the financial outcome of a...
Law enforcement officers and prosecutors are constantly looking for ways to build cases that leave them well positioned to obtain a conviction against an individual they believe has committed a crime. Although the law tries to strike a balance between protecting personal liberty and public safety, far too often overzealous police officers infringe on an...
Pittsburgh residents who are slapped with criminal charges can find themselves afraid on many levels. They might be concerned about how the allegations will affect their reputation, but their primary concern may revolve around the potential penalties they could face if convicted. Depending on the crime at hand, a criminal conviction can result in prison...
Whether one is buying real estate, entering into a business deal, or hiring an employee, a relationship exists. Contracts are an integral part of just about every major transaction. Generally speaking, a contract is an agreement to enter into a bartered exchange. Therefore, an offer must be made by one party, and that party must...
Recently, this blog discussed how semi-trucks need additional distance to come to a safe stop when compared to the stopping distances of passenger vehicles. This distance can be affected by a number of factors, including driver attentiveness and sobriety. Far too often, though, truckers are distracted, fatigued, intoxicated or otherwise negligent while behind the wheel....
If you are planning to own a business in Pennsylvania that serves and sells alcohol, you will need to get a liquor license. The application process may seem like it is an easy one. However, if you are not careful, you could make mistakes that prevent approval of your application. It is essential for you...
In many instances, in order for businesses to operate properly promises have to be made and kept. Because of this reality, many individuals and businesses find themselves relying on the promises of others. This is the basis of contracts. Most often, parties come together to barter over some sort of exchange, and their agreement is...
It’s not uncommon for relationships to sour. When they do, negative animosity towards one another can leave individuals amidst heated arguments and false accusations. In some instances, these allegations take on a criminal nature, which, in turn, can lead to criminal charges and the potential for the imposition of serious penalties.
If you’re about to get married, then you may find yourself concerned about a number of issues; not least amongst them is your finances. Sure, you’ve probably discussed a budget with your soon-to-be-spouse, but since you’ve likely heard a number of horror stories involving divorce and financial ruin, you might be worried about what will...
Semi-trucks play an important role in our society in that they can quickly move goods from place to place, keeping costs relatively low for consumers. Although these vehicles and their drivers can provide a benefit to Americans, they can also pose a serious risk. A negligently driven semi-truck can place other motorists at risk of...
When you go to the store, you probably don’t think much about your safety. This is for good reason because most are under the assumption that the safety of patrons are considered and addressed. Property owners who fail to ensure the safety of others who enter their premises may be found liable for any injuries...
Selling alcohol in your store or restaurant can significantly boost profits and draw in a new group of clientele. Any savvy business owner would be attracted to this idea, and if you are one of them, you might consider applying for a liquor license. For all the benefits it can offer, there are some stipulations,...
For many, July 4 means sitting on the curb on your town’s Main Street watching the band march by and saluting our veterans. For others, it means laying out a blanket and watching the sky light up at night with a fireworks display. For many others, it means sharing the afternoon with family and friends...
In order to protect yourself and your business, it is crucial to have a firm understanding of the laws and regulations in place. There may be instances where you find yourself in an uncomfortable or unwelcome situation either facing business litigation or the victim of another business’s illegal tactics. In order to best understand how...
One of the inevitabilities of human life is that as we age, our bodies start to break down. Everybody is different. Some people at the age of 90 are healthier than others at the age of 70. If you have an elderly loved one who is getting up in age, you will eventually notice that...
Different business entities have different characteristics in different areas, including: ownership and control; liability; taxation, reporting requirements; formation and dissolution requirements; distribution of profits, and so on. The type of entity selected when forming a business is important to get right, as making a wise selection will help ensure the success of the business.
Earlier this year, a new Pennsylvania law went into effect which made significant changes to several types of partnership entities and limited liability companies. The changes were fairly widespread touching upon matters of formation, dissolution, registration, governance, distribution and liability for general and limited partnerships, limited liability partnerships, and limited liability companies.
Part of owning a company and preparing your estate is forming a business succession plan. This entails deciding what will happen to your small business once you no longer are willing or able to run it.
We’ve been looking in recent posts at the two bases on which the government can build a drunken driving case, and some of the issues that need to be considered when building a strong defense against DUI charges. As we’ve noted, meeting or exceeding the legal blood alcohol limit and intoxication sufficient to render one...
In our last post, we mentioned several important factors that need to be considered when scrutinizing the reliability of alcohol tests in drunken driving cases. As we mentioned, the scientific acceptability of breath testing software; proper calibration, use and maintenance of breath testing devices; proper performance of blood testing and chain of custody issues should...
Most people understand that it is important to work with an experienced criminal defense attorney when facing drunken driving charges, if for no other reason than they do not understand the legal process and how to build a strong defense case. While in every drunken driving case, the goal is to resolve the matter to...
As a business owner, you can expect to sign a lot of contracts. You will enter into contractual relationships with vendors, customers, service providers and employees. Knowing how contracts work can help you deal with some common problems.
Previously, looked at the federal Hours of Service rules in summary form, noting their important role in addressing the problem of truck driver fatigue. As we mentioned last time, the 34-hour restart rule has received a lot of attention in recent years due to a provision requiring truckers to include within their restart period two...
Truck accidents can occur for a variety of reasons, though there are some factors that come up with more frequency than others. Some of these factors tend to get more attention because of the public interest in effectively addressing them so as to reduce the risk of accidents. One of these factors is driver fatigue....
In previous posts, we looked briefly at some of the important ways businesses can protect valuable information, including intellectual property protections and trade secret protections. Both are useful tools when employed strategically and with the help of an experienced attorney who knows how to make effective use of them.
Starting a new business is an exciting venture, but it often comes with some questions and stress. As you begin to follow your dreams to become a business owner, you might be wondering what type of business you should form. With so many options out there, this choice can be confusing. Here is a quick...
Last time, we began commenting on some of the tools and strategies businesses can use to protect sensitive information from competitors, specifically taking a brief look at intellectual property rights. As we noted, registering and enforcing trademarks, patents and copyrights, and establishing an effective strategy for licensing, can be an important way for businesses to...
For employers, protecting valuable businesses resources from competitors is critical to ensuring the success of the business. Valuable resources include not only intellectual property created by the company, but also trade secrets and employees, particularly high-level employees who have access to sensitive company information.
It starts with an idea and a dream, and you have been successful at turning it into a business that continues to thrive and grow. Unfortunately, no matter how great your ideas or business skills are, you are likely to run into some type of growing pains as you stretch your employees, your customers and...
We’ve been looking in recent posts at the topic of searches and seizures, the warrant requirement, and some recent cases involving jurisdictional issues surrounding warrants. Another warrant-related issue that is a hot-button issue at present is to what extent cell phones and other mobile digital devices should be treated as private.
It is well known among business owners in Pennsylvania that liquor licenses and permits are some of the most complicated pieces of running a service industry business. However, in 2016 The Pennsylvania Liquor Control Board (PCLB) became a lot easier to work with when they began accepting requests for various new licenses and permits under...
In our last post, we began looking at the important issue of the Fourth Amendment in criminal defense, particularly in the context of investigation of suspected Internet crimes. As we noted, the federal government’s ability to search data stored on overseas servers is part of this discussion. Although the FBI’s attempt to do this was...
In an age of technology, the Fourth Amendment protection against unreasonable searches and seizures is increasingly being tested in new contexts. One of the issues currently being played out in the courts is that of the government’s ability to access electronic data located outside a court’s jurisdiction.
Previously, we began looking at some of the pressures that are bearing upon electronics and app manufacturers to address the problem of distracted driving. As we noted, this pressure is coming both from highway safety regulators and from the court system.
Distracted driving is a major safety issue on roadways, and states have taken a variety of approaches to address the problem. These include not only regulating, if not banning, the use of cell phones while driving, increasing enforcement of highway safety laws, and increasing public awareness of the problem.
In our previous post, we began discussing the topic of the best interests of the child and how family courts make child custody determinations in Pennsylvania. As we noted, Pennsylvania judges have wide discretion in making these decisions and, as in other states, weigh a number of factors in determining what arrangement is best for...
Child custody is an important issue in divorce, and typically the most important issue for divorcing parents. One of the challenges parents can face in child custody proceedings is that the mode of advocacy is different than it is for financial matters. Whereas financial disputes in divorce are aimed at representing the rights and interests...
Divorce symbolizes the end of a marriage and the beginning of a new life. Starting a new life without a former spouse may be intimidating, especially when financial obligations that were once shared as a couple are the sole responsibility of a single individual.
When you set foot onto someone else’s property, it is reasonable to expect you will not be injured. This legal theory falls under the legal term “premises liability.” It means property owners are responsible for maintaining a safe environment for guests.
It’s best to get any important agreement in writing. Even among friends and family that go into business together, a contract can save a lot of frustration, anger and even unease. The idea is that by writing it down on paper (make sure there is a hard copy), the terms of the agreement are there...
Restaurant and bar owners know all too well that one mistake can jeopardize your business. A simple mistake can cost you in fines or cause you to lose your license. A lost liquor license can mean the difference between success and failure of a business. Be aware of the following mistakes which make it easy...
What is a Statement of Value and why do you need one?
Who owns my land’s oil and gas rights? You might need to understand property Law to make this determination.
By Judy Hale Reed, Esq., Associate Attorney, Gusty Sunseri & Associates, P.C.
Summer is a time for travel and a time to move between the school years for parents of school-aged children. A child custody agreement may specify whether or not out-of-state travel is permitted or not during each parent’s custodial time; if not, parents are usually permitted to travel with their children during their respective custodial...
Divorce is a confusing process, but with a little help it doesn’t have to be. What does it take to get divorces in Pennsylvania? The five parts of divorce are (1) Divorce, (2) Support and Alimony Pendente Lite, (3) Equitable Distribution, (4) Alimony, and (5) Custody.
By Judy Hale Reed, Esq., Associate Attorney, Gusty Sunseri & Associates, P.C.
By Judy Hale Reed, Esq., Associate Attorney, Gusty Sunseri & Associates, P.C.
Most people associates the word “Trust” with exorbitant wealth, while associating the word with the phrase “Trust Fund Babies”. The truth is that one of the first things I ask couples who have children up to age 30 that come to me for Wills & Estates planning is whether or not they want to include...
So you are buying a house! What do you know about Property Law? You are about to make probably one of the most significant investments in your life. Of course, you want the house to be perfect. You don’t want any post closing issues that can cost you literally thousands of dollars. So you ask...
You have probably heard the saying that life sometimes does not go as planned. Well as many young adults have found, sometimes life comes without a plan-especially when sex is involved. The costs associated with child support can be astronomical.
So your tenant is stiffing you and now you want them out – so what do you do? You call a lawyer and the lawyer tells you that he can help you and then he tells you his fees. I can not tell you how many calls I get from Landlords asking me if they...
When thinking about wills & estates planning, have you given any thought recently to end-of-life issues? Though they are not necessarily pleasant topics to think about, planning in advance could greatly help your loved ones when the time comes.
As the new school year begins for families throughout the Commonwealth, divorced or separated parents face a variety of issues regarding child custody. One problem that commonly arises is that of transportation to and from school. Pennsylvania courts recently settled one such issue and determined that a school district must provide transportation to and from...
It is well known that Pennsylvania has a very aging population. Accordingly, I have many clients inquire about the “Probate Process” in the various Pennsylvania counties. Quite simply, when an individual dies, they either die with or without a Will. If they die without a Will, it is called dying intestate. Dying with a Will...
In our family law practice, our lawyers often address questions and misconceptions regarding how long it takes to obtain a divorcein Pennsylvania. While the answer can be complicated, prospective clients are often trying to find the quickest path to achieve one. There are two no-fault grounds for divorce: (1) mutual consent and (2) two-year separation....
The standard rule in Pennsylvania regarding the tax treatment of alimony payments in a divorceis that payments made by the payor are tax-deductible and that payments received by the payee constitute taxable income. However, there is an important caveat to this rule. The U.S. Tax Code only permits alimony to be deductible if it is...
If you’ve pled guilty or have been convicted of a DUI, odds are that your driver’s license has been suspended. It is standard operating procedure in the Pennsylvania judicial system to revoke the driving privileges of those that are guilty of driving under the influence. However, if you are caught driving while your license is...
With Mother’s Day having recently passed and Father’s Day fast approaching, separated and divorced couples face unique issues regarding child custody on these days. Often, these “minor” holidays are lost in the shuffle when a couple anticipates which parent will have custody of the child or children on major holidays such as Christmas and Thanksgiving....
Last week, a Swiss court ordered a Russian billionaire to pay more than $4.5 billion to his ex-wife in what constitutes the divorce in world history. The 47-year-old Dmitry Rybolovev made his fortune from potash mining and is known as the “fertilizer king.” He is also the owner of the French soccer club AS Monaco....
After a couple finalizes a divorce, both parties begin the process of moving on with their respective lives. With that process comes dating, living together, and possible remarriage. However, if the terms of the divorce settlement or court order include an award of alimony for one party, he or she must think long and hard...
On April 29th, the Pennsylvania Supreme Court ruled that police officers in the Commonwealth no longer need a warrant to search a citizens’ vehicle. Prior to the Court’s decision, an individual could refuse an officer’s request to search their vehicle. If the citizen refused, the police would typically need a warrant to continue with the...
In our Blog on Marriage and Divorce, we have looked at the many negative consequences of divorceon the individuals and the damaging, long term effects on the children. Let me strongly repeat, to those parents considering or in the process of divorce, it is not easy for children to cope with a divorce. Make every...
One of the realities for clients that are involved in child support or spousal support is that the parties’ income fluctuates during the course of the order. A support is always modifiable and either party can petition the court to have the order modified at any time. So, for example, if you are paying support,...
Although it should go without saying in this day in age, anything you post on the internet may come back to haunt you in the future. This is especially true when it comes to litigating a child custody or divorcecase. As a family law attorney, my colleagues and I routinely look at social media sites...
In my practice, I prepare a significant number of wills & estates. Most people understand that the gifts that they make in a will or trust will pass to the person they desire upon the testator’s death. However, it isn’t always so clear when it comes to life insurance policies, Annuities, IRAs and 401(k)s.
I have written previously about the expiration of a child support order and have discussed that the order doesn’t necessarily expire when the child turns 18 years of age. The recent case involving a New Jersey teenager suing her parents for support (among other things) casts a new light on the issue of parents providing...
The consequences of how divorceaffects the children are sometimes unintended. In my last writing, I stated that many children of divorced parents have to deal with many emotional issues, such as depression, rebellious behaviors and more.
One of the primary concerns that Parents debate in child custody cases is which parent should have custody of the child on school nights. Now, there are a number of factors that go into determining which parent should have custody on those evenings including: which parent is more likely to help the child with homework,...
So the stock market is breaking new highs. One would think that the result should be happier home life as family portfolios start to bulge faster than Chris Christie’s waist line, but the fact of the matter is that recent U. S. Census Bureau data shows that the divorcerate in the United States is skyrocketing....
The importance of sex in marriage.
In family law, the issues of paternity and child support are some of the most common and tend to go hand in hand. Often, a putative father will ask for a paternity test when the child’s mother files for support. If the Court determines that it is appropriate to conduct the testing, it will order...
When a client comes to me regarding a minor criminal defense matter, one of the greatest concerns they have is what impact a possible conviction can have on their criminal record and if the incident can be expunged. A person’s criminal record can be expunged under a number of circumstances and will depend on the...
The scriptures states in Ephesians 5:22-23 “Wives, submit yourselves to your husband as you do to The Lord. For the husband is the head of the wife as Christ is the head of the Church, his body, of which he is the Savior.”
When a client comes to me to discuss a DUI, there is always confusion regarding the officer’s use of field sobriety tests. First, a field sobriety test is just one tool at the officer’s disposal in forming probable cause to make an arrest for DUI. Pennsylvania courts have determined that reasonable grounds to arrest do...
The role of the husband …
This is what the Bible says concerning the role of the husband, Ephesians 5:23,25,28,31. “A husband is the head of his wife, as Christ is the head and Savior of the church, which is His own body. A husband should love his wife as much as Christ loved the church and gave His life for...
As part of the job as a divorce attorney, I am responsible for delving into my clients financials in detail. When a client informs me that he or she has received or stands to receive an inheritance, the first question from him or her is always “can my soon to be ex take part of...
The next key to a strong and successful marriage that we want to look at understanding the role husband and the wife.
Sometimes in child support cases, the payor ends up paying too much support over a period of time due to a clerical mistake or perhaps a garnishment of a Federal Income Tax return. As a result, there will be a surplus of support. However, the child support office will continue to withdraw the monthly support...
When parties are contemplating a divorceand ask me what the process will be like, I always tell clients that there are two distinct paths that a case can take. The first path is litigation. In this situation, one side files the complaint and then the parties engage in discovery wherein the attorneys exchange information regarding...
In my recent blogs regarding Marriage & Divorce, I have been dealing with the importance of communication to a successful marriage and pointed that in defining communication as an art. Therefore, there are a number of key points that must be observed for successful communication.
Today we will continue with our discussion dealing with some keys points on how to make marriage successful… in order to avoid divorce. We have been dealing with the very important key point – that men and women are different. It is crucial to understand and respect these differences in order to make any marriage...
As a family law attorney, I occasionally encounter child custody cases in which paternity is a crucial issue. In Pennsylvania, paternity is defined as the state or quality of being a father. If a mother, potential father, or child wishes to have a paternity test conducted, he or she may petition the Court to have...
On occasion, our Pittsburgh law firm is contacted by a potential client dealing with a child custody matter and that client wants “full” custody because, up until this point, the other parent has been absent from the child’s life. Now the former absentee parent is pursuing custody and the client wants the other parent to...
When I ended last week’s writing, I was dealing with the point that men and women are different because they are created differently. As a result, they deal or respond to life’s challenges and situations differently. Therefore, those differences should be celebrated and used as a force for unity to strengthen the marriage, not as...
Our office recently received a telephone call from an individual regarding a stepparent’s obligation to pay child support. The prospective client was asking how her new husband’s income would change her support order. The child’s natural father had filed for a support modification because the mother had gotten remarried and because her new husband made...
As we continue to look at some keys in working toward a successful marriage that will avoid a marriage ending in divorce, remember, it is important that God must be given first place in our marriage because He is the one who came up with the institution of marriage.
Divorceis probably one of the most tumultuous experiences an individual can go through in their lives. Over the years I have seen it tear apart individual’s psyche as they fight internal conflicting feelings of love, despair, confusion and even hate. I have found that there is no better Individual Counselor for a person going through...
As a Pittsburgh family law attorney, more often than not, you see the worst parts of a couple’s relationship. Helping clients cope with extramarital affairs and the aftermath can be a significant part of the job description depending on the circumstances surrounding a divorce. One of the most difficult points to make to a client...
When counseling clients during a divorce where children are involved, I am often asked whether or not the parents should put together a custody order to file with the Court. The answer I give the client is that it depends. The chief consideration when determining whether or not a formal custody order is needed rather...
Each time you renew your driver’s license in Pennsylvania, you sign a form that permits the Commonwealth of Pennsylvania to draw blood, breath or urine if you’re arrested by police for driving under the influence. This form of permission given by you to the Commonwealth is known as the Implied Consent Law. According to this...
In any divorceone of the largest issues attorneys must resolve is determining how to divide the couple’s assets. This can obviously be a sticky issue and can be made even more complicated when gifts are involved. Generally, a gift by a third party to one spouse is considered non-marital property and is not subject to...
Divorcesare never easy and never “good” for either party. In fact, most divorces are just flat “bad”. So why make them worse? Of course, everyone wants the competitive advantage, whether fighting about splitting assets, child custody or child support; however, there are some things that you can do to lessen the harshness of the situation...
In my last blog entry, I provided an overview of the types of factors the court will consider when deciding on whether or not to deviate from a guideline child support order. In this and the next entry, I am going to further break down the reasons you may qualify for a deviation in your...
I have previously written blog entries about how Pennsylvania courts calculate child support. The basic child support calculation is relatively straight forward and largely dependent on the parent’s relative incomes. However, after the court calculates a basic child support award, it is permitted to deviate from that amount (either increase or decrease the order) under...
When I recently wrote a post about the circumstances surrounding and consequences of possessing a fake ID as a minor, it got me thinking about the other side of the fake ID process, the provider. Under Pennsylvania law, making, altering, selling or attempting to sell identification that represents the identity, birthdate or age of someone...
When a client comes to me with a child that was caught and cited with underage drinking, that child often possessed a fake ID when he or she was arrested or cited. Regardless of whether or not the minor used the ID to purchase alcohol, it is illegal in the Commonwealth to possess an identification...
Recently, a friend of mine asked what happens to an engagement ring if a wedding is called off. It may or may not have had something to do with the fact that he was recently engaged (I chose to turn a blind eye to that fact and simply answered his question). Although this problem tends...
Pennsylvania law provides a guideline spreadsheet that establishes a base amount of money that parents must contribute toward child support. It begins by taking the parties’ combined net income and then delineates a basic amount that the parties shall pay for one to six children. The guidelines address situations where the parties make anywhere between...
Once a support order is entered by a Pennsylvania Court, the order is always modifiable. The Court recognizes that people change jobs, get raises, are laid off and experience fluctuation in income throughout their lives. Therefore, if you are paying child or spousal support and you begin making more money, the recipient can file a...
I have previously written about the consequences associated with being charged with or convicted of a DUI. While those consequences are obviously less than ideal, the ramifications of being convicted of a DUI if you have a Commercial Driver’s License (“CDL”) are much more severe, especially if you use that CDL to make a living....
It’s no surprise that parents going through a divorce are often not very good at communicating with one another. While there is no requirement that ex’s like one another or even be civil to one another, the ability to work together is important when children are involved. It is obviously ideal if two divorced or...
Agreements are good – Whether we are talking about pre nuptial agreements, general partnership agreements or settlement agreements. Anything in writing, agreed to by the parties, detailing their relationship or the end of their relationship, is better than no agreement at all.
In Pennsylvania, if you plead guilty to or are convicted of a second or subsequent DUI, one of the consequences of your conviction is that you will have to have an Ignition Interlock device installed in your vehicle. The Ignition Interlock is a piece of equipment that prohibits a person from starting a vehicle if...
In a child custody case it is almost inevitable that at some point one or both parents will become involved with a new significant other. In my family law practice, I routinely encounter situations where a parent does not want to inform the other parent of who his or her new paramour is. Now, this...
The payment and collection of child support can be a contentious issue between parents following separation or divorce. The issue can be a sensitive one even when the obligor is making regular payments. However, if the party with the support obligation fails or refuses to make payments, the tension between the parties almost always intensifies....
In a number of my recent divorce cases, I encountered situations wherein one party decides to remove or destroy marital assets prior to anyone filing for divorce. Obviously, when my clients found out, it caused significant conflict and added even more stress to the divorce process. The first question from my clients was, “what can...
Occasionally, my law firm is contacted by a stepparent inquiring about his or her child custody rights after the break-up of a relationship. The child custody rights of a stepparent are quite similar to those of a biological parent in many ways. A stepparent in Pennsylvania has the right to sue a custodial parent for...
In the last blog entry, I commented on some of the interplay between the Social Security system and divorce. Most notably, I discussed spousal and survivor benefits and what happens when a person divorces before or after the age of 60. However, there are a number of other novel situations that can arise depending on...
As an equitable distribution in many of the divorce cases my firm handles one of the assets that needs to be addressed in equitable distribution is the parties’ Social Security benefits. In any marriage that has lasted 10 years or longer and at least one party was contributing to Social Security, both parties are entitled...
As an experienced Pittsburgh attorney, I now remember back to having a guest speaker in my first year of law school. He was a gentleman in his mid 40s that had graduated from our law school. He now had a thriving and successful practice in Washington, DC. The speaker, whose name I can not remember,...
Teenagers love to believe that they are old enough to know better for whatever reason, and I was as guilty as any. At about the age of 15, teenagers start believing that they are much smarter than their parents. This transition is painstaking and trying for married parents, but it is especially complex for divorced...
Each year, my firm handles a number of underage drinking cases. Most cases are fairly straightforward and a minor simply got caught at a party or had too much to drink. However, the case gets significantly more complicated if the minor possesses a fake ID. The consequences for possessing false identification and using it to...
It seems as though it has become increasingly common to hear about college students getting busted for marijuana possession. Each year, there seem to be more and more college athletes being suspended by their university or questioned by professional teams when entering the draft regarding “character issues” following a failed drug test because of marijuana...
One of the biggest sticking points I run into as a Pittsburgh family law attorney is alimony in divorce cases. Prospective obligors typically recoil at the thought of providing for their soon to be ex-spouse for the foreseeable future while prospective recipients are often looking to guarantee themselves a certain standard of living going forward....
One of the consequences of driving under the influence of alcohol (“DUI”) is that your driver’s license is typically suspended. Depending on how intoxicated you were at the time of your arrest and how many previous DUI’s you have had, the length of the license suspension varies widely. However, regardless of whether your suspension is...
As an experienced Pittsburgh family law attorney, I know that child custody is a very ‘touchy’ subject. The issue of school districts often becomes a contentious issue in child custody disputes where both parents do not live in close proximity. The parent living in the “better” school district often uses that fact as a reason...
If you have not heard about it, you will! Recently, a Daughin County Common Pleas Court Judge ruled that certain breathalyzer machines used by the police when stopping an individual suspected of driving while intoxicated are flawed and not reliable for readings above .15 and below .05. Accordingly, the Police Department, in an attempt to...
Dating can be a very touchy subject while a party is going through a divorce. As a divorce, I often have clients ask me about when it is ok for them to begin dating again. While the answer is always case specific, there are certain pitfalls that an individual going through a divorce should look...
As a family law attorney, I routinely encounter families that are going through some of their most difficult times. A divorce or custody battle is hard on the parents and can be even more trying to the child. Therefore, it is not uncommon for the child to act out, often in a dangerous way. If...
This day in age, there seems to be an ever-increasing number of grandparents that are taking on parental duties for their grandchildren. It is one thing to take on the day-to-day duties of the parent, and quite another to have all the legal rights that a parent has. What steps then must a grandparent or...
So you’re starting a business and you want to know what the first step is. Number one, start the process by interviewing a knowledgeable business attorney. You see, not all attorneys are “knowledgeable” when it comes to business formation and practical day to day business issues.
Recently, the national news picked up a story about a Colorado state senator that introduced a bill affectionately known as the “Drinking with Dad” bill. This piece of legislation would have permitted parents to purchase alcohol for their child in Colorado Bars and restaurants if the child was 18 and older but not yet 21...
Even if a person is never involved in any form of litigation throughout his or her life, there are still a number of occasions where the assistance of a lawyer may be needed. One such instance occurs when a person wants to change his or her legal name. There are numerous reasons to change a...
Most landlord/tenant issues arise out of a situation where the landlord or tenant engages in conduct that is in violation of one or more of the provisions of the operative lease. However, what happens if there is no formal lease between the landlord and tenant or if there was a lease but it has expired?...
One of the greatest hurdles for parents following a child custody battle is being able to communicate with one another regarding the child. Often, the parties harbor significant bad blood toward one another and have no interest in speaking with or seeing each other. This animosity is understandable considering the parties would have likely recently...
Although it is a somewhat rare occurrence, an interesting family law question I occasionally encounter is that of annulment in Pennsylvania. In Pennsylvania, the law establishes a very specific set of circumstances under which one can have a marriage annulled. Unlike in Nevada, where you can obtain an annulment from the same Elvis impersonator that...
Our Pittsburgh law office regularly fields inquiries from both landlords and tenants regarding evictions. Usually, if the call is from a landlord, he or she wants to find out the steps he or she should take to effectuate the eviction legally. If the call is from a tenant, he or she is usually alleging that...
Our Pittsburgh law office recently received an inquiry as to whether common law marriage is still recognized in Pennsylvania. While the short answer is no, the truth is slightly more complicated.
As everyone is aware, having a criminal record can be detrimental to an individual in many ways including limiting employment options and social stigma. Criminal records remain in the state system unless you make an effort is made to expunge that record. This also applies to juvenile records.
As of December 24, 2012, the penalties for underage drinking and public drunkenness in Pennsylvania will increase significantly. On October 25, 2012, Governor Corbett signed into law Act No. 205, increasing the fines for the above offenses. Prior to the Governor signing the Act, if you were convicted of underage drinking in a Pennsylvania Magisterial...
I recently had a prospective client contact my office looking to file for child support. In this case, mother was the primary caregiver and was not employed. The child’s father, however, was collecting Supplemental Security Income (SSI) benefits. Mother wanted to know if she could file for support and collect from father’s SSI benefits.
I have recently received a number of calls from prospective clients asking whether if having a new family has any effect on a child support obligation. The answer is, maybe. The entire question turns on the amounts of money earned by all relevant parties: the parents of the first family, and the parents of the...
I have recently fielded some questions regarding the termination of child support orders. Specifically, prospective clients have contacted me wondering why, after their child has turned 18, the support order wasn’t automatically terminated. After all, once the child turns 18 and is no longer a minor, shouldn’t the support obligation stop?
Earlier this month, the Texas Supreme Court approved a set of pro se divorce forms for indigent couples with no real property. The purpose of these forms is to provide poor couples without children or real property the option to secure a divorce without retaining attorneys. The court “is confident that these forms will be...
Parents with partial custody often approach me with questions about how to handle providing money to the other parent when there is a child support obligation. Often, not only does the obligor owe money via the court order, he or she gets pressure from the parent with primary custody to provide extra money or items...
There is nothing more contentious in family law than the child custody case. Mothers generally, but not always, have primary physical custody of the children, and Fathers, generally, want more time with the kids. Theoretically, the Courts would like all custody time to be split 50% / 50%, as all kids’ need a father’s and...
As a family law attorney, some of the most common questions I deal with address child support. Specifically, noncustodial parents often ask, “Why do I owe so much money in support?” The short answer, of course, is because the Court has determined that the child or children are entitled to that amount of money for...
With football season in full swing, every week fans are cited by the police for various infractions at and around the stadium. One of the most common citations received by tailgaters is Public Drunkenness and Similar Misconduct. A person is guilty of this offense if he appears in any public place under the influence of...
Moving your family is a stressful and complicated event even with an intact family. However, relocating can become even more difficult following a divorce when there is a custody order in place. As of January 24, 2011 Pennsylvania’s new Child Custody Law went into effect and introduced new requirements with regard to a custodian’s relocating....
So you just found out that you have a child you did not know anything about! She’s 5 years old, you have never seen her, but the lady you slept with 5 years and 9 months ago says “she’s yours”. She goes on to tell you that she’s married, has been for almost 5 years...
At the beginning of the divorce process, many clients ask me whether or not they should stay in the marital home or move out. My advice to the client is always to remain in the marital residence until the process has begun and, if necessary, have a judge determine which party should remain in the...
Every morning I stop at the local coffee shop to get my shot of caffeine to start the day. Over the years, coffee shops have become more than a place you run in and grab a java, and then take off. In essence, they have become the new “water cooler” where the guys sit around...
During the process of preparing for a child custody hearing, a client will often tell me, “If the judge would simply ask my child where he/she would like to live, the child would tell the judge that he/she wants to live with me.” I always have to tell clients that although the feelings of a...
We have all done stupid things when we were young. Some have had to pay more than others because they were the unlucky ones-they got caught. Needless to say-drinking alcohol when underage is one of the more stupid things a youth can do. But, the fact remains, close to 50% of the young populous have...
Oh if I could only get my clients to absorb and reflect on one of the most famous lines from “The Godfather” – “Nothing personal, just business.” The fact of the matter is -most of what goes on in divorces, after the parties have agreed to go their separate ways and file for divorce, is...
I have been asked many times from clients whether the “date of separation” makes a difference in Pennsylvania Divorce cases. The answer is quite simple-you betcha it does.
In the many years I have been doing divorce law, I have never had the opportunity to sit down with a child, a young man or young women, whose parents are divorced and discuss how it affects him or her. I had the unique opportunity of having such a discussion with such a young man...
As a Pittsburgh attorney, I occasionally encounter situations where one parent asks whether he or she can give up his or her parental rightsto their child. There are a number of reasons that an attorney gets this question. Sometimes a parent is frustrated because he or she has not been able to see their child...
Police departments in Pennsylvania are increasingly using DUI checkpoints as a tool to deter drunk driving and catch impaired drivers. While the courts have found these types of roadblocks to be perfectly legal, if the police fail to follow certain protocols established by the courts, it is possible to successfully defend charges brought against you...
The United States unemployment rate is hovering around 8%. Social media and the internet allows your criminal record available to every employer. May jobs require Act33/34 clearances If fact, there is even an “App” called ‘Docket on your Pocket’, that allows your friends, or foe, to pull up any of your past indiscretions with the...
I previously wrote an entry about the options available for a victim of abuse to obtain a Protection from Abuse (PFA) order against his/her abuser. However, what if you aren’t the victim, but your child is? Fortunately, the Protection from Abuse Act anticipates such a situation and permits a parent or guardian to file for...
Unfortunately, in the search for love and companionship, many people become involved in abusive relationships. I’m sure every one of us knows someone who has been in a situation like this and thinks, “If that were me, I’d get myself out of that relationship in a heartbeat.” Sadly, it isn’t always that simple and leaving...
As far as litigation is concerned, most studies show that 90% of civil cases are settled before they go to trial. One may assume that the main reason for that phenomenon is the outburst of social media and the prolific dissemination of information. As a result, people are more and more aware of the erratic,...
As a Pittsburgh divorce attorney, I occasionally encounter situations where divorced parents each have primary custody of one or more of their children. For example, maybe Dad has primary custody of his teenage son while Mom has primary custody of the three younger children. Although there isn’t anything particularly remarkable about this custodial situation, the...
Let’s face it, sometimes divorces seem like scenes from Mario Puzo’s epic- “The Godfather”. Yes, maybe there is no bloodshed-like Sonny being riddled with bullets-or Clemenza choking Paulie to death from the back seat of the car-“don’t forget the cannolis”. But, it seems, at time, the hate between the warring Mafia families and the warring...
With the skyrocketing cost of medical insurance coverage, I am getting more and more phone calls from divorcing individuals that are being prematurely dropped from their spouse’s medical insurance before the divorce is finalized. This unilateral move, by the spouse paying for the insurance, is not acceptable to the courts for various reasons.
One of the most common Property Law – landlord/tenant issues I run into as a Pittsburgh attorneyoccurs when a tenant moves out of a property and the landlord mishandles the security deposit. Residential landlords should be mindful of the Property Law – “Landlord and Tenant Act of 1951,” which governs interactions between landlords and tenants....
School has just let out and it’s graduation party season. Kids will be celebrating their accomplishments and parents will be hosting big celebrations in their child’s honor. So what happens when the kids get a little out of hand and have some drinks at the party you’re hosting? If minors get caught for underage drinking,...
There has been no bigger legal issue placed under the microscope in the previous months than Florida’s new “stand your ground” law. Unless you live under a rock, you’ve probably heard the name Trayvon Martin. He was killed by George Zimmerman, a neighborhood watchman, after the two encountered each other on the street one evening....
It is high school graduation time and parents are faced with the dilemma of whether to have a graduation party for their graduate in which alcohol will be present. Some parents try to rationalize and find ways to provide alcohol to the kids as a way for the youths to participate in the festivities.
Speaking as an experienced Pittsburgh Divorce Attorney, divorceisn’t easy for anyone. When children are involved, the break-up can be especially difficult. Not only have two adults decided to end their relationship with one another, but now their children will be split between the two new households. Usually, both parents love their children equally and both...
Speaking as a Pittsburgh Business Law Attorney, I quite honestly believe there are very few instances where a small to medium-sized business should not take advantage of the protections afforded by incorporating or by forming a Limited Liability Company (LLC). Individuals who own a business or who are beginning a business will be operating as...
Many individuals who are contemplating Divorce are at, or near, retirement age and ask the questions whether their own, ex or soon-to-be ex partner’s Social Security retirement benefits are considered to be marital property and, therefore subject to equitable distribution. The answer is-it depends. You can contact my Pittsburgh law office for more information.
Ask a Pennsylvania Attorney what to do… Simply stated, Pennsylvania property law allows a landowner to cut off over-hanging branches of a tree belonging to an adjacent landowner, without regard to the degree of physical harm done to his property. The courts feel that cutting the protruding limbs is an adequate remedy when the branches...
Probate is the post-death process performed by an attorney through the Register of Wills in which the deceased individuals assets are determined and valued, creditors are determined and paid, estate and inheritance taxes are calculated and paid, with the filing of the requisite tax returns, and the remaining assets are distributed to the decedent’s heirs....
I have been asked so many times- “Do I really need a will?” The answer is, regardless of your age, yes you do!
I recently received a call from my friend’s son. He was excited. He had met the girl of his dreams and he was about to take the big step and buy a ring. As he was planning on spending about $15,000, his Dad suggested that he call me, a Family Law attorney, to get “the...
At some point during Divorce proceedings, the parties and their Counsels must deal with the division of the marital estate or equitable distribution. Pennsylvania lawyers know that the marital estate is generally defined as that property that the parties obtain during the marriage and before separation. There are certain exclusions such as inheritances or gifts,...
A colleague of mine, who is a Pennsylvania as well as a Pittsburgh Divorce lawyer, recently had a situation in one of his equitable distributioncases that was very unique and unusual. It seems that the Husband left the residence in October of 2009, giving exclusive possession of the residence to his Wife. Of course, who...
A recent DUI article in the Trib Live News, reported that a gentleman from Herminie Pennsylvania, slammed into a church will under the influence of alcohol. How far under? Try nearly 4 times. That’s right. Mark D. Stevens 44 had a blood alcohol limit of .3 when his car hit the church. Of course, the...
One of the most prevalent questions I am asked when couples are alimony is whether or not alimony is granted in Pennsylvania. Inevitably, the client says, “my friend told me that there is no alimony in Pennsylvania”. Well, the friend is wrong. In fact, in Pennsylvania there are two types of alimony – Alimony Pendente...
I really do not like divorces. This might sound weird coming from a Pennsylvania Divorce lawyer– I mean it’s my profession- it’s my livelihood. But, in reality, there just is a lot I do not like about the whole process.
I was recently speaking to a friend of mine who is also a Pittsburgh divorce lawyer and who said to me – “Does any side really win in divorce?”
The hardest question for a Pennsylvania Divorce Lawyer is determining whether or not a divorce case should be settled or go to trial. In a recent article in the Huffington Post.com, entitled,” WHAT DO DIVORCE LAWYERS DO IN THEIR OWN DIVORCES”, J Richard Kulerski and Kari Cornelison state that the vast majority of lawyers would...
We recently wrote that postings, pictures and other data from social media sites like Facebook are increasingly being used as evidence in divorce and child custody proceedings. We even shared several examples of how this evidence was being used in cases here in Pennsylvania.
Earlier this week, we began a discussion about co-parenting teenagers. Proactive communication with your teen’s other parent can help lessen conflict between dual households, whatever your child custody and visitation arrangements might be.
Co-parenting with a former spouse or partner can be a frustrating task. It can be even more so when the child that you co-parent is a teenager, trying to find his or her own way and pushing every button in the book during the process.
Money troubles result in more marital discord than just about anything else in Pennsylvania and around the country. However, the national divorce rate has been falling during the recent recession.
In our previous post, we began a discussion about the growing popularity of prenuptial agreements. More couples in Pittsburgh and elsewhere are realizing that these documents are not just for the very wealthy or for couples of vastly different ages.
Valentine’s Day occurred earlier this week, and the dust may be just starting to settle for many Pittsburgh residents. There are few occasions which illicit such contrasting emotions, and most people either love or hate this holiday depending on their expectations and previous experiences.
Ending a marriage can be an expensive way to obtain a fresh start. Recent estimates have priced the average American contested divorce as costing anywhere from $15,000-$30,000 for legal counsel, court fees and other related expenses alone.
Earlier this week, we wrote that information taken from Facebook is increasingly being used as evidence in divorce and child custody battles. The internet and social media sites increase our ability to communicate with one another, but they also leave a detailed record of our interactions that we may not want some people to see....
Family law attorneys in Pennsylvania say that evidence gathered from Facebook is growing more common in divorce cases around the state. The poor behavior of rival spouses often finds its way into divorce and child custody hearings and because of that many attorneys advise their clients to quit Facebook and other social media sites.
Earlier this week, we began a discussion about the long list of financial considerations involved in getting a divorce, especially when children are involved. Pittsburgh residents who have made the big and difficult decision to get divorced may quickly realize that there are many more big and difficult decisions ahead.
Choosing to get a divorce is a big decision in and of itself. But once that decision has been made, there is a long list of other decisions which will need to be made as well, including many large ones that could impact the financial futures of you and your children.
The end of a romantic relationship almost always involves dividing up physical property. For those dating in high school or college, this might mean returning cds, a favorite sweatshirt and a book or two. In the case of a marriage, however, the financial consequences of ending the relationship are almost always more complex.
The end of a marriage not only takes an emotional toll on those involved, it also poses significant financial challenges. During divorce proceedings, spouses must determine what to do with a variety of assets, including the house. Given the financial consequences related to dividing this significant asset, decisions made regarding the house may be some...
Celebrity divorce settlements are absorbing for many reasons. Beyond the gossip, it can be intriguing to consider, from a legal point of view, what issues may arise during the divorce when substantial income and assets are involved. Even though the divorcing couple may be quite wealthy, however, the division of assets for higher net-worth individuals...
For eight years, a New York cab driver has been fighting for child custody rights to his 10-year-old son after the boy’s mother took him to visit her relatives in the Ivory Coast in 2003 and never returned him. Just this Tuesday, the 46-year-old father finally celebrated the end of this international child custody dispute...
Listening to the lyrics of singer Katy Perry’s hits like “California Gurls” or “The One That Got Away” will probably not educate you in all that much. But Pittsburgh readers who look past the tabloid headlines and think about her pending divorce from British comedian Russell Brand could actually learn a thing or two.
Divorces are often difficult for all parties, and it’s not unusual for the divorcing spouses to get petty — especially as divorce proceedings get underway and present all sorts of points of contention. As tempting as it may be to involve children in these battles, it can be very damaging to both the emotional well-being...
Some Pennsylvania couples may be surprised to know that there may be another option for ending a marriage besides filing for divorce. They can follow in the footsteps of Kris Humphries, and other celebrities, who have sought an annulment for their marriages, rather than pursue a divorce.
Many Pennsylvania couples who have recently been through a divorce would simply like to put the past behind them. However, without proper planning, that could be a recipe for a financial disaster.
When divorce terms are finalized, all the financial details for each side are clearly defined and agreed upon with the understanding that all sides will adhere to the agreement. Unfortunately, this is not always the case; many divorcing spouses owing child support and/or alimony fail to fully pay their debts to their ex-spouse. Although this...
Star of David topped Christmas trees. That’s what some people are doing after their divorce, in accordance with the child custody agreements they negotiated. A growing number of people seem to be adding interesting post-divorce requirements when it comes to raising their children.
Getting a divorce can be costly, even when you opt for a simple divorce process. That cost is deterrent enough to keep some couples from filing for a divorce, choosing instead to remain legally married — even when they are no longer committed to the marriage and may not even be living together.
In Part 1 of these posts, we started to examine some factors that parents should keep in mind when involved in a Pittsburgh child custody case. All too often, parents forget that their children were their highest priority when they began the divorce process. As the legal process drags on, it can be tempting to...
For divorcing parents, there is nothing that takes a higher priority in the divorce than the well-being of their children. Many parents, though, make serious mistakes in Pittsburgh child custody cases, either by their actions or inactions. For any parent who wants to ensure the best possible outcome for their child custody matter, they should...
Every parent has their own unique parenting style, however, many people when starting to raise a child look to their own parents, the child’s grandparents, for advice and guidance on everything from diaper changing to discipline. Although grandparents can play an important role in raising a young child, some parents don’t want any interference from...
Even when a Pittsburgh divorce is the right decision, the best option and the finalization of which you are looking forward to, it is a lot to handle. While making decisions about what you want in terms of custody, alimony and property, you still have to go to work, take care of the kids and...
In Part 1 of our discussion, we started to talk about the difficulties encountered by recently-divorced people during the holiday season. The holidays are a busy time already, and adding the stress and emotion of divorce to that mix can make the season unbearable. That is why it is important to step back at holiday...
In many cases, a divorce is a stressful and traumatic time. Even in a “smooth” divorce, the experience of divorce is an emotional one. Throughout the legal process of a divorce, the divorcing spouses are often caught up in their disagreements, and have become focused on the next step in the legal process, and then...
Many people invest heavily, in different ways, in their marriages and in their businesses. When one of those investments fails, it can start to drag the other one down. In this blog post and the next one, we will look at ways to protect a closely-held business from being lost when a marriage breaks up....
Pittsburgh divorce attorneys were interested to see news reports of a new study completed by researchers at Bowling Green State University recently. The researchers examined the first-time divorce rates of women. The researchers looked at the data from two different perspectives: divorce rates according to education, and divorce rates according to race.
Prenuptial agreements aren’t only for the rich and famous. It’s a good idea for all individuals carrying assets into a marriage to use a prenuptial agreement as a means of protecting assets in the event of a divorce. These contracts can make the division of assets easier by clearly assigning certain assets to one spouse,...
During the divorce process, most divorcing spouses’ priorities are set on making a definitive break from their partner, and moving on with their lives. If there is a long-term priority, it is probably the welfare of their children. A spouse’s own financial needs down the road tend to get a low priority. In fact, many...
Obesity and health accusations and gaining more weight in custody battles, according to experts.
In the last post, we started to talk about the often-disappointing realities of divorce-related decisions made by Pennsylvania courts, and how the courts’ decisions may not correspond to the reality that the divorcing spouses know.
Most divorces have negative consequences, emotionally and financially. For the majority of people contemplating divorce, these costs are to be expected. What makes divorce even worse for many people is that the courts do not look at the facts of the marriage and the divorce in the same way that the divorcing spouses do. In...
With our current economic situation, there’s a good reason why anyone contemplating divorce should hire an experienced Pennsylvania divorce attorney. One Pennsylvania woman, who considers herself to be luckier than most, had to move into a smaller house, pay her own mortgage while trying to support her three children, and also pay the tuition for...
Even in Pittsburgh, the story of the divorce between the owners of the L.A. Dodgers Major League Baseball club has been making the news (including this blog). Frank and Jamie McCourt have been in the divorce process now for three years, and are said to have paid millions in legal fees. Most people would never...
For couples facing divorce in Pittsburgh, there are already enormous emotional burdens to deal with. It can be overwhelming to think of all of the financial details that need to be attended to in a divorce, especially if a divorcing spouse does not have an experienced property division attorney.
The precise plan may not spread to Pittsburgh anytime soon, but in an attempt to spare people the hassle and heartache of divorce, some Mexico City authorities have proposed a novel plan – two year marriage contracts. According to the assemblyman who introduced the bill, the idea is a reflection of reality. Of the 33,000...
A recent survey of couples who had filed for divorce found that some of the respondents had an unexpectedly high rate of optimism that the marriage could be saved. Nearly a quarter of the respondents said that they thought reconciliation was possible. For 12 percent of the respondents, their spouse also said that it was...
When state governments begin to make big changes to their laws regarding alimony, it gets noticed in other states. Whether in Pennsylvania or other parts of the country, very few people are entirely satisfied with the way the spousal support system works. That is why reforms like those that recently passed in Massachusetts get so...
It seems supremely unfair that anyone who has gone through the trials of a divorce should also be at increased risk for hair loss, but that is exactly the conclusion that has been found by new research. Particularly for women, divorce was found to be one of the strongest predictors of midline (central) hair loss....
Even if you are a member of the U.S. House of Representatives, judges expect you to show up for your child support hearings. They especially would like to see you if the purpose of the hearing is to discuss why you have not been paying your child support. That was the situation for one Congressman...
In this difficult economy, many parents are having trouble making child support payments. But the difficult economy makes it even harder for parents who count on receiving child support to provide for their children if payments are not made. The vicious cycle has led some authorities to move in the direction of more punishment for...
Everyone needs help with something now and then. Adults who are getting divorced need support from friends, and in Pittsburgh they need assistance from an experienced Pennsylvania divorce attorney. But when parents get divorced, it is the children who need the most help of all, and they need it most from their parents. Children do...
If you are getting divorced in Pennsylvania, a good first move would be to hire an experienced Pittsburgh divorce attorney. Doing so would take a lot of the pressure off of you, since a professional will be able to handle many of the details of the process, and guide you through many of the things...
Mel Gibson has been neck-deep in family law problems in the last year or two, but some of them appear to be reaching some resolution, at least for a while. The Hollywood film star and award-winning director and producer has suffered some terrible setbacks to his public image, with the exposure of bigoted rants and...
The legal details involved in getting a divorce are a source of enormous stress for almost everyone who goes through that process. That is why having professional help from an experienced divorce lawyer is so important. That assistance can help to lower the almost-inevitable stress level that is associated with divorce.
For decades, it has seemed as though divorce rates have been rising ever higher in Pittsburgh and indeed across the country. The truth is that while divorce rates are high, they have not been increasing year after year. However, the fact that divorce rates are not as high as commonly believed does not mean that...
The new Steve Carell comedy-drama “Crazy, Stupid Love” is generating some discussion as to whether its depiction of a separating couple is realistic. The movie is attracting some criticism because (spoiler alert), the separating couple reunites at the end.
Many separating parents in Pittsburgh have to struggle with the question of how much child support they feel they need, or how much they can afford to pay. The parties to a child support dispute are free to request an amount that they believe is fair, but to a great extent, a judge will use...
In our previous post, we described a child support case with some elements that might surprise Pittsburgh residents – specifically, the father’s claim that the child was the product of his being raped. The case that could set a new precedent when it comes to fathers who conceive a child against their will and the...
An interesting child support case has recently arisen that may raise a few eyebrows among Pittsburgh readers. The case involves a teenage father who says that he was the victim of a rape when he had sex with his 18-year-old girlfriend. During the encounter, a baby was conceived. In this two-part post, we will discuss...
Divorce is often thought of as something that young people go through. Young couples who get married before they really know each other or before they really understand what they are getting into find that they are unhappy with their marriages and get divorced.
Spousal support is hard to pay and hard to try to live on, except maybe if both ex-spouses are multimillionaires. Even though “hardship” does not seem to be a word that applies in that case, when spousal support is being paid in the millions, there is plenty for the parties to fight over.
If you’re suffering from a serious illness, that last thing you need is for your spouse to take off and leave. But recent studies indicate divorce rates increase when a spouse is seriously ill – particularly if the ill spouse is the wife.
Many parents who are splitting up would like to have a joint child custody arrangement, usually for the sake of the children. As opposed to the old way of doing things when judges tended to order primary custody for the mother, there is now a trend toward joint custody, if the court determines that such...
Isabella Miller-Jenkins is the subject of an international manhunt. She was conceived via artificial insemination, and was born to a lesbian couple, Ms. Miller and Ms. Jenkins. Ms. Jenkins never formally adopted Isabella even though the couple was joined by a civil union in Vermont, so after the couple split in 2003, Jenkins and Miller...
Most people, whether they live in Pittsburgh or anywhere else in the country, are willing to forgive a lot of faults that they perceive in their spouse. These could be little faults or big ones, but the bigger they get, the harder it is for an aggrieved spouse to overlook them. Infidelity is often cited...
Everyone makes mistakes. A lot of people make mistakes when they get divorced, or at least they worry that they do. Property division is a complex issue, regardless of the amount of marital property. It is easy to misconstrue details of a divorce settlement or the divorce decree. Courts aren’t usually a good place to...
Between separating from your spouse and dealing with your household and child support, you have enough on your mind during a divorce, you have enough on your mind. And stress on your wallet. An unnecessary, expensive bill is the last thing your family should have to deal with.
What happens when divorcing parents can’t decide on who will care for the children and there is a child custody battle? What happens if one parent accuses the other parent of posing a threat to the children? What happens when the State threatens to strip a parent of his or her parental rights?
For many couples in Pittsburgh, property division can be one of the most challenging parts of the divorce process. Couples work hard to build their estate and assets during marriage, and it’s tough to watch everything get cut in half by a divorce judge.
Pennsylvania courts are not obliged to follow any precedents set by state-level courts of any other state. If a judicial opinion from another state is very similar to a Pennsylvania case, though, and the laws applied in it are also similar, and the legal reasoning is very strong, an out-of-state case can have some weight...
A new study shows a surprising connection between sex and divorce. The study, conducted at the University of Iowa and published in the Journal of Marriage and Family, reveals that girls who lost their virginity as teenagers were more likely to divorce.
Millions of people use social networking websites like Facebook and Twitter to stay connected with friends and keep up on current events. However, when it comes to family law matters, social networking is not always your friend.
Don’t feel bad if you have never heard of the term “parental alienation.” A Pennsylvania man is working to change that.
Courts don’t like to revisit issues in divorce property division. Just ask anyone who has asked a Pennsylvania court to change a property division decision after the divorce decree has become final. So it is not only Pittsburgh property division attorneys who are interested in the recent lawsuit by an ex-husband who wants the courts...
Long commutes to work are not just a drain on your pocketbook and a waste of your time. It turns out that they also increase the likelihood that you will get divorced. A recent study that looked at the effect on marital relationships of one or both spouses adding a long commute to their routine...
The U.S. Census Bureau recently released a report on the trends in marriage and divorce in the United States. Perhaps surprisingly, the report finds that divorce rates have slowed from a peak that occurred around 1980. Since then, the rate of divorce has slowed, and the age at which people get married (or remarried) has...
Arnold Schwarzenegger and Maria Shriver, the couple that was already famous and successful when they married in 1986, then became even more successful over the next 25 years, have announced that they are separating.
Pro football players for the NFL are already locked out of their workplace, and basketball players for the NBA could find themselves in a similar situation within months. If the standoffs with owners continue into the football and basketball seasons, many professional athletes could find themselves without paychecks.
Most people assume that as unemployment rates rise, the stress on marriages with one or both spouses being out of work grows to such an excruciating point that a rise in divorces is almost inevitable. That is what researchers from Penn State expected to find when they examined the connections between unemployment and divorce.
In Pennsylvania and across the country, courts deciding child custody cases in the past often exhibited a preference for awarding primary physical custody to the mother and awarding visitation rights to the father. There were exceptions to the rule, but the typical outcome was primary custody for the mother.
When parents deny grandparents any visitation with their grandchildren, grandparents may petition the family court for visitation rights if it is in the best interest of the grandchildren. Sometimes, however, the court may find that the parents have a good reason for denying grandparents visitation rights with the grandchildren.
An eight-month long international child custody dispute appears to have been resolved for now, leaving one parent facing federal charges of international parental kidnapping.
Divorced parents are going to have to have regular contact. This situation can be difficult, considering the frustration and anger that so frequently arise in a divorce. But there are ways to maintain a good relationship, or, to put it more accurately, to start a new positive relationship that benefits the children and the two...
Charlie Sheen and his soon-to-be ex-wife Brooke Mueller reached a child custody agreement last month, in which Mueller has primary custody of the couple’s two children, Bob and Max. However, Mueller recently refused to take a drug test that was a condition of the child custody arrangement. Shortly after, it was announced publicly that Mueller...
For most people getting married for the first time, having a prenuptial agreement is an unappealing prospect. Only about three percent of first-time spouses get prenups. But a lot of people getting divorced and dealing with contentious matters of property division probably wish they had a clear and enforceable prenuptial agreement.
Even when a divorce is amicable, deciding how to divide the household’s property is difficult. When a divorce is contentious, the problem is much, much worse. In longer marriages in particular, there can be many types of property involved, and valuation of these assets can be very fluid. In other words, it is going to...
In the last post, we started to look at some of the tax situations that arise in divorce. Now we continue that discussion with some more things to keep in mind during divorce negotiations, and after.
Economics have been a factor in keeping many couples from divorcing who might otherwise have split up sooner. For those who do divorce, though, economic factors will still play a part in their lives. For one thing, divorce has wide-ranging effects on the divorced spouses’ taxes.
Raising twins is stressful. In fact, it may be so stressful that it accounts for a finding that parents of twins are somewhat more likely to get divorced than parents without twins.
Divorce rates have actually decreased a little over the last twenty years. But for people over 50 years of age, it has doubled. There were around 300,000 couples over 50 that divorced in 2008, and if the trend continues there will be 400,000 divorces in that age group in 2030.
When parents divorce, one issue that is of paramount importance is child custody. Parents may seek sole custody or joint custody. If sole custody is awarded, that parent would be considered the primary custodial parent. The other parent would be the non-custodial parent and would typically retain some parental rights, such as visitation rights.
For many divorced couples, the idea of vacationing with an ex-spouse is absolutely out of the question. But for those who can get along reasonably well, vacationing together with their children can be a good way to save money and produce some good memories for the kids, and maybe even for themselves.
Social Security benefits are usually the last thing on someone’s mind when they are getting a divorce, but those benefits are going to matter. Around half of all marriages in the U.S. end in divorce, and Social Security is the primary source of income for 72% of single retirees. Many of those single retirees are...
In their careers, male and female members of the military have largely similar responsibilities and face similar challenges. Their personal lives, however, tend to be very different. According to Pentagon statistics, women who serve in the military experience divorce at much higher rates than do their male comrades.
While it is commonly understood, and studies have confirmed, that there is a relationship between having an unhappy childhood and having an unhappy and unfulfilling adult life, less commonly studied are the effects of a happy childhood on a person’s adult life.
When you are considering ending your marriage, an experienced divorce lawyer can be of great assistance. Pennsylvania’s family law system can be confusing and intimidating, with a unique set of rules and a language of its own. An attorney who understands the law and the process can help you evaluate your options and make decisions...