Pennsylvania Legal Blog

There is a lot a divorcing couple will need to decide upon when going through the court proceedings. Some of the most important items are child custody and alimony. However, couples may overlook plenty of minute, yet critical, issues. For example, the couple will need to decide who will get the pet once the divorce is final. 

Representative Anita Astorino Kulik recently introduced H.B. 1432, which would give judges more guidelines to follow when determining which spouse should retain custody of a pet in a divorce. Over the years, many people have complained that a judge acted too callously toward the pet and did not consider all the factors before making a decision. Alaska became the first state to make pets more of a priority in a divorce, and hopefully, Pennsylvania will follow suit. 

Ending a marriage is one of the hardest things a person can do, even if the individual knows it is for the best. Pennsylvania residents who are business owners may be hit particularly hard as their companies are most likely to be affected if they choose to divorce. Some people may think that their companies will remain theirs following the dissolution of their marriage, but the truth is a business may be considered shared marital property -- that is, unless, proper protections are put in place well beforehand.

There are two things that business owners can do to ensure that their companies will be counted as separate property if divorce ever enters the picture. First, before marriage, drafting and signing a prenuptial agreement is a positive step toward protecting one's company. Not only can a premarital contract list what assets are to remain separate property, but terms can also be set as to how shared assets are to be divided if the marriage fails.

Ending one's marriage is not necessarily easy. There is a lot that needs to be figured out during the divorce process. For example, divorcing couples in Pennsylvania who have children will need to address child custody and support issues -- both of which are often contentious topics.

When it comes to child support in particular, there are a few things every parent should know before agreeing to anything. First, child support payments are not taxable or tax deductible. This means that the receiving party does not have pay taxes on any child support sent his or her way, and the paying party cannot seek a tax deduction simply for meeting his or her financial obligation to his or her children.

It is an all-too-familiar occurrence these days when a Pennsylvania parent struggles with an addiction to drugs or alcohol. With powerful painkillers available through prescriptions, it does not take long for addiction to take hold, leaving some parents unable to fulfill their parental duties. However, if the parents are divorced and following a court-ordered child custody plan, one partner may have concerns about leaving the children with the addicted parent.

The courts hesitate to get involved with minor disagreements between divorced parents. However, when the wellbeing of the children is at risk, a parent may find assistance through legal channels. If one can demonstrate that drug or alcohol use interferes with the other parent's ability to care for the children and keep them safe, the court may order restrictions on visitation. This may include supervised visitation or, in extreme cases, suspension of contact with the children until the parent completes a rehabilitation program.