Yearly Archives: 2013

When Should Judges Recuse Themselves in Divorce Proceedings?

December 20, 2013 | Blog, Court Decisions, Divorce

Icon for author Brian Vertz Brian Vertz

In a non-precedential opinion, the Superior Court of Pennsylvania recently considered the appeal of a husband who unsuccessfully requested a judge to recuse himself from a divorce proceeding over which he was presiding. The wife was a four-term county commissioner and Republican Party-backed candidate for statewide office, in a county that is heavily Republican. The husband in his appeal cited several rulings that he interpreted as favorable to the wife, […]

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Your Testimony in a Divorce: 10 Tips for Depositions and Trials

December 03, 2013 | Blog, Divorce

Icon for author Brian Vertz Brian Vertz

A divorce might be the first time — the only time — that you will be asked to testify in a deposition or court hearing.  Your testimony will be recorded, and might be compared to the testimony of other witnesses, documentary evidence, or your own testimony at an earlier or later date. You want to give reliable testimony, which means that you must demonstrate honesty, good memory, and accurate perception […]

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En Banc: Superior Court Holds that Timing, Rather than Purpose, Determines Marital Nature of Disability Payments

November 05, 2013 | Blog, Court Decisions, Divorce, Equitable Distribution

Icon for author Brian Vertz Brian Vertz

An en banc panel of the Superior Court last month issued an important decision on the issue of whether disability payments should be characterized as marital property in the context of a divorce. In Yuhas v. Yuhas, 2013 PA Super 283 (October 28, 2013), a surgeon underwent a carpal tunnel surgery several months prior to the date of separation, rendering him unable to operate as a vascular surgeon. Husband and Wife […]

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Lopsided Equitable Distribution in Favor of Business Owner Vacated

Perhaps the recent non-precedential Superior Court opinion in Rice illustrates the hazard that is inherent when a business owner gives half of the stock and pays an equal salary to his spouse who does not actually work in the business. The Fayette County trial court in Rice v. Rice, No. 1125 WDA 2012 (October 31, 2013) awarded 57% of the marital estate to the husband, including all of the stock […]

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