In an unpublished decision, the Superior Court recently declined an invitation to rewrite a marital settlement agreement in order to avoid the possibility of future disputes over the use of funds committed to a children’s trust. In Hvidzak v. Hvidzak, No. 37 WDA 2012 (February 22, 2013), the Father and Mother entered into a marital settlement agreement in which they agreed to establish two trusts for the benefit of their […]
Resolving a divorce requires a lot of information. The process of exchanging information and documents is formally known as “discovery.” Our courts have issued rules that litigants must follow when requesting discovery and responding those requests. The discovery rules include deadlines for answering requests and procedures for resolving conflicts when litigants do not produce all that is asked of them. Discovery can be a major headache for divorcing spouses. No […]
When business owners get divorced, their settlement may have profound consequences for the business and other owners. Often, one spouse “sells” or gives up a share of the business to the other spouse. Since most small business owners do not have enough cash to pay a lump sum for that share, they might have to make installment payments over months or years. It is critical to structure the divorce settlement […]
In Re Miller, 424 B.R. 171 (M.D. Pa. 2010) Wife/Debtor filed a chapter 13 bankruptcy petition, in which she attempted to classify an “income maintenance award” of $88,500 received in a divorce decree as property exempted from the bankruptcy estate. The divorce decree provided that Wife was to receive $88,500 cash in order to effectuate a 67%/33% division of marital property. Next, Wife’s former divorce lawyer filed a proof of […]
The Supreme Judicial Court of Massachusetts ruled recently that agreements between spouses who plan to continue their marriage but wish to define their legal rights and obligations in the event of divorce are enforceable in that state. Some states (notably Ohio) do not permit spouses to execute agreements waiving their marital rights unless they are actually pursuing divorce, and the law of many states is unsettled. In its recent decision, […]
Texas has once again proven itself to be a haven for the affluent divorcee.