February 9, 2013

What is the Attorney Client Relationship?

A lawyer, is an officer of the Court, has commitments to uphold in the service of his clients. It is his duty to advise clients of their legal rights and obligations, help clients by taking legal action to protect their interests and assist clients before courts, tribunals, or administrative bodies (Basic Principles on the Role […]

CraftMaster Real Property Tax Assessment Appeal… Granted!

CraftMaster Real Property Tax Assessment appeal was granted. In 2012, Bradford County cut its tax assessment by 14.7 percent. CraftMaster Manufacturing, Inc. was earlier assessed with $3.90 million Real Property Tax, but was reduced to $3.33 million. The reduced Real Property Tax Assessment was the result of an out-of-court settlement between Bradford County and CraftMaster.  (2012) […]

February 2, 2013

Adultery, Ground for Fault based Divorce in Pennsylvania

Like all other US states, Pennsylvania admits of different grounds for Divorce, the No Fault Divorce and Fault based Divorce. Adultery is one of the grounds for Fault-based divorce. How to prove Adultery Adultery must be proven before the Court. However, there are certain qualifying acts that may prevent the case of adultery to prosper. […]

December 28, 2012

Can an extramarital affair post-separation affect support?

Extramarital Affair and Spousal Support Many times, couples separate and start new relationships during the pendency of the divorce – which some might consider an extramarital affair. In a recent case decided by Pennsylvania Court, husband appealed from the trial court order that dismissed his exceptions and granted the wife spousal support. A long-recognized exception […]

December 27, 2012

Recent PA Child Relocation Decision

Can you relocate with your child? In a recent case, the Mother’s petition to relocate was denied. The mother appealed from the trial court order that denied her petition for relocation and a related request to modify the terms of custody for the parties’ six-year-old son. The recently enacted new Child Custody Act became effective […]

December 25, 2012

First-in-time Rule, Jurisdiction & Venue in Divorce or Custody

Where does jurisdiction lie? Have you ever wondered which state has jurisdiction over a divorce case if one spouse leaves the state? How about if you have children, where does the Custody case take place? A recent Pennsylvania case addressed such issues and confirmed what has been a precedent for some time. The father and […]

November 17, 2012

History of Divorce, Origins and Meaning

“Divortere” is Divorce To understand the full history of divorce, first the term should be defined. “Divorce” comes from the Latin word “divortium” which means separation. It is also equivalent to the word “divort” or “divortere.” “Di” means apart and “vertere” means to turn to different ways. Divertere was also referred the meaning of divert, […]

The Origins of Divorce

In history, divorce can be traced more than 2 centuries ago. Archaeologists discovered that Divorce has been part of the codified laws in the Code of Hammurabi dating back in 1760 BC. The Code of Hammurabi The Babylonia King Hammurabi was believed to have ruled from 1750 BC to 1792. The Code was one of […]

Divorce Attorney Michael Kuldiner is Now a (CDFS) Certified Divorce Financial Specialist!

Michael Kuldiner  is a Divorce and Family Law attorney and has been instrumental in many successful divorce proceedings, and makes the process less complicated, manageable and less stressful for his clients. He also concentrates his practice on child custody and support, child neglect, domestic violence, alimony and spousal support. When family law matters require court […]

Grandparent Rights and Updates in Pennsylvania

Grandparent Rights under Pennsylvania Custody and Grandparents’ Visitation Act   Pennsylvania has more defined rules for the care of children. It has placed the Grandparent Rights into another platform by the passage of a new law which took effect on January 22, 1011. The new law makes changes to the current child custody law, The […]

October 24, 2012

The issue on child custody gains a twist with the passage of PA Child Custody Act 112 of 2010

The new Child Custody Law (Act 112 of 2010) After more than a year from its implementation, the new PA’s child custody law remains controversial. The new Child Custody Law (Act 112 of 2010) which took effect on January 23, 2011 has put aside the child custody presumptions of the old custody laws which have […]

October is Domestic Violence awareness month

VAWA celebrates October! In 2011, it was reported that there were about 91,000 cases of domestic violence in Pennsylvania which resulted to about 166 deaths.  It is a fact that women are vulnerable and needs protection; hence, Violence Against Women Act (VAWA) came into existence. VAWA was signed into law 18 years ago. The office […]

Eminent Domain of Private Property in Pennsylvania, Courts define ‘taking’ of private property

The US Constitution, Fifth Amendment states: “No person shall … be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”   The law talks about the power of “eminent domain.” This is taking of private property exercised by government authorities for a public purpose and […]

October 23, 2012

Who has custody right over frozen pre-embryos, the wife or the husband?

This is the case of Reber v. Reiss, No. 1351 EDA 2011 (April 11, 2012), the legal battle for the custody right of frozen pre-embryos by the wife.  Andrea Lynn Reiss was fighting for custody of thirteen frozen pre-embryos which were created out from her eggs and the husband’s sperm. The embryos were born through Assisted […]

Pennsylvania new law will help sexual abuse victims

Pennsylvania joins 49 other US states to fast track litigation of sexual abuse cases. The new law, 42 Pa. C.S. § 5920 (Expert Testimony in Certain Criminal Proceedings s) was passed on Jun. 29, 2012 or HB 1264 and took effect on August 29, 2012. The law is intended to help victims of sexual abuse […]

Sandusky’s conviction has resulted in collateral damage, a lesson to learn…

Sentenced to 30 years of imprisonment last Tuesday, Oct. 9, 2012, the former Assistant football coach of   Penn State University, Jerry Sandusky, now 68 was moved to State Correctional Institution at Camp Hill to serve his sentence for the rest of his life. The lawyer of one of the victims said, he may have […]

The “best interest of the child” in filing Child Custody action

When a relationship ends, it is not the end of everything. It is just the beginning of a long legal battle for child custody. There are so many things to consider in enforcing one’s ones right over the child and sometimes … you will have to make a difficult decision. Pennsylvania has extensive laws about […]

September 12, 2012

Does Marital Misconduct or Cheating Determine the amount of Alimony?

Marital misconduct cannot be factored in when dividing up assets or property in Pennsylvania, it can be used as a basis for an alimony decision. Marital misconduct is rarely factored in during decisions about child support. Alimony is authorized in Pennsylvania pursuant to 23 Pa.C.S. § 3701(a), which states that “where a divorce decree has been entered, […]

August 31, 2012

Common Law Marriage Invalidated Declaratory Judgment / Collateral Estoppel

Common Law Marriage Invalidated   Declaratory Judgment / Collateral Estoppel Nancy appealed from the trial court order that granted Cort’s petition for declaratory judgment pursuant to 23 Pa.C.S. § 3306. Nancy and Cort began living together in September 1990. Three children were born of this relationship. In November 2006, Nancy filed a complaint for child and spousal support […]