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Recent Saling & Litvin Blog Posts

Saling & Litvin

Recent Posts

A Trial Court can not utilize prior records not introduced at trial

Saling, Litvin and Hambleton recently represented an individual in a support matter before the Superior Court of Pennsylvania.  Our client sought to terminate his child support obligation owed to his daughter who had previously been declared a dependent adult.

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Topics: Divorce & Family Law

Enforcement of a Property Settlement Agreement by a Decedent's Estate

A recent Chester County Reporter included an Opinion from the Honorable Katherine B. L. Platt, J., which dealt with a Petition for Declaratory Relief filed by the estate of a former spouse.  Within the Petition the Decedent's children sought to recover life insurance proceeds which were paid by an insurer to the Decedent's ex-spouse. In re Estate of David J. Wheeler, Deceased, 64 Ches. Co. Rep. 172 (2016).

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Topics: Divorce & Family Law

MENTAL HEALTH RECORDS IN CUSTODY CASES

Increasingly, child custody cases have included claims that one or both parties are suffering from psychological disorders.  All too often litigants will self-diagnose the other party with a bipolar disorder, narcissism or some other multiple-personality disorder.  As a practitioner it is important to understand what information is available to us in the course of preparing for a conciliation or trial.

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Topics: Divorce & Family Law

Jury Selection & Race

 

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Topics: Criminal Defense

Proposed Changes to No Fault Divorce Waiting Periods


Currently in Pennsylvania, a divorce action may progress when either of two conditions is met.  The first occurs when both parties agree to the entry of a divorce decree and ninety (90) days have passed since the divorce action was initiated.  The second occurs when either of the parties can establish that the parties have been separated for a period of two years.

Recently, a Bill was submitted to the Pennsylvania House of Representatives (HB308) that seeks to reduce the period of required separation from two years to one year.  In support of the proposal the Pennsylvania Bar Association submitted a detailed rationale as to why the reduction in the time period is appropriate. 

The effect of HB308, if passed, would be different from county to county.  In Chester County, for example, a party may file for the appointment of the Special Master in Divorce before grounds are fully established under either Section 3301(c) or 3301(d) of the Divorce Code.  The impact of the reduction of the aforementioned time period would be lessened given that the parties can already proceed to and participate in court ordered settlement conferences before the period of separation under 3301(d) becomes an issue. 

In Montgomery County, on the other hand, the effect of the proposed change would be more pronounced.  Under Local Rules, the parties cannot move for the appointment of a Special Master in Divorce until grounds are established, and discovery is completed.  In this instance, reducing the period of separation as proposed would allow litigants access to the equitable distribution process sooner.  As a result the proposed change could reduce the length and cost of litigation as the PA Bar has suggested.

If you are in the middle of a divorce or are contemplating a divorce, please feel free to contact one of our experienced attorneys who can help you through this difficult process.

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Topics: Divorce & Family Law

Criminal Defense Attorney in Chester County, Pennsylvania

Contact an attorney with experience in criminal law as soon as you can if charges or an investigation are pending against you. In addition to our other services, Saling & Litvin provides experienced representation in most matters of criminal defense. Criminal charges are serious matters, and you will need experienced attorneys who will work promptly on your behalf.

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