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IN PENNSYLVANIA, WHO GETS TO KEEP THE ENGAGEMENT RING IN THE EVENT OF A BROKEN ENGAGEMENT OR DIVORCE?

IN PENNSYLVANIA, WHO GETS TO KEEP THE ENGAGEMENT RING IN THE EVENT OF A BROKEN ENGAGEMENT OR DIVORCE?

by Gardner Lawyers | Feb 3, 2020 | Blog, Divorce, Engagement, Family Law

In Pennsylvania, an engagement ring is considered a “conditional gift” to the recipient of the ring, i.e. the person who was proposed to by another.  A condition must be met for “completion” of the gift. The condition that must be met is not the engagement but rather...
BEFORE YOU SAY ‘I DO’, ASSESS YOUR RELATIONSHIP

BEFORE YOU SAY ‘I DO’, ASSESS YOUR RELATIONSHIP

by Gardner Lawyers | Feb 3, 2020 | Blog, Divorce, Family Law, Same-Sex Marriage

As a result of the United States Supreme Court’s historic decision in US. v. Windsor, wherein the 1996 Defense of Marriage Act was determined to be unconstitutional and Pennsylvania subsequent acknowledgement of marriage equality, wedding bells are ringing for...
CUSTODY – HOW ARE CUSTODY CASES DECIDED IN PENNSYLVANIA?

CUSTODY – HOW ARE CUSTODY CASES DECIDED IN PENNSYLVANIA?

by Gardner Lawyers | Feb 1, 2020 | Blog, Custody, Family Law, Uncategorized

The Court’s paramount concern in all custody cases in Pennsylvania is what is in the best interests of the child.  However, in January, 2011 a new statutory law took effect that requires the Court to consider certain factors when deciding a custody case.   Custody...
WHAT HAPPENS TO CREDIT CARD DEBT IN A DIVORCE?

WHAT HAPPENS TO CREDIT CARD DEBT IN A DIVORCE?

by Gardner Lawyers | Feb 1, 2020 | Blog, Divorce, Family Law, Uncategorized

        Credit card debt, as well as other non-secured debt, is divided upon divorce in  the same manner as assets. The Court has the discretion to proportionately divide debt  as it sees fit taking into consideration fairness and equity. If a dispute arises about a ...
HOW DOES ADULTERY DURING A MARRIAGE AFFECT THE OUTCOME OF A DIVORCE?

HOW DOES ADULTERY DURING A MARRIAGE AFFECT THE OUTCOME OF A DIVORCE?

by Gardner Lawyers | Feb 1, 2020 | Alimony, Blog, Divorce, Family Law, Uncategorized

Prior to 1980, a great deal of time was spent determining who was the “innocent”  spouse and who was the “injured” spouse. Once Pennsylvania implemented the  Divorce Code in 1980, we became a “no-fault” state. Since then, fault, adultery or  otherwise, has played a...
CAN DADS GET PRIMARY CUSTODY? 

CAN DADS GET PRIMARY CUSTODY? 

by Gardner Lawyers | Feb 1, 2020 | Blog, Custody, Divorce, Family Law, Uncategorized

         In years gone by, there was a preference by the Courts to award custody of  children, especially young ones, to the Mother. Times changed and so have the Courts.  The guiding principle in any custody action is the “best interests of the child”. This  involves...
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