Author: Brian Vertz

Documents Not Required to Prove Income Reduction in Child Support Case

In Crouse v. Crouse, No. 639 MDA 2013 (unpublished, January 7, 2014), the mother and father settled their child and spousal support case when they first separated in 2008. At that time, Father was a principal of a corporation in the construction industry. Eleven months later, the support obligation was reduced when one of the children was emancipated, and subsequently, the spousal support terminated. In the fall of 2012, Father petitioned […]

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Too Much Sex is Grounds for Restraining Order

One of the first published family law decisions this year is Boykai v. Young, 2014 PA Super 4  (January 7, 2014), a protection from abuse action arising from Bucks County. In Boykai, a husband was evicted from the marital residence and prohibited from having any contact with his wife for a period of one year, based upon evidence that he forced her to have too much sex. During the marriage, according […]

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“Excess Cash” of Professional Practice is not Marital Property in Business Valuation Divorce Case

The Superior Court’s memorandum opinion in Edkin v. Edkin, No. 2017 MDA 2013 (December 23, 2013) arose from a case involving a veterinary practice in the context of divorce.  The wife in Edkin filed a divorce action in 2001. Equitable distribution hearings were held in 2002, 2003, 2004, 2007 and 2009, resulting in a master’s report issued in 2010. Exceptions were argued in 2010 and 2011, resulting in a final […]

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When Should Judges Recuse Themselves in Divorce Proceedings?

December 20, 2013 | Court Decisions, Divorce, Legal Perspective

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In a non-precedential opinion, the Superior Court of Pennsylvania recently considered the appeal of a husband who unsuccessfully requested a judge to recuse himself from a divorce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 | Divorce, Legal Perspective

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

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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