Philadelphia Divorce Law Blog

Pennsylvania readers may be aware that the U.S. Supreme Court recently heard arguments regarding the case of an American Indian girl that was adopted by a non-Indian family. The outcome of this child custody case could affect how states apply the Indian Child Welfare Act (ICWA) in adoption proceedings and child custody disputes. People who heard the arguments before the Court reported that the Justices seem understandably "conflicted" about how to rule.

The biological father of the little girl in question is an American Indian. According to him, when he found out that his daughter had been adopted without his consent, he relied on the ICWA to give him the chance to be a father. According to court documents filed by the adoptive parents, the man had at some point said that he would give up his parental rights; and that he had nothing to do with the girl's mother or the child before the adoption.

Many Pennsylvania couples are marrying for the second time. This may be part of the reason that prenuptial agreements are gaining popularity. Not only are they a guideline for what happens in the event of a divorce, but also as a blueprint for the marriage itself.

Couples may add provisions to their prenuptial agreements regarding giving money to adult children, how much debt the couple is willing to take on and even specify how much can be spent on a child's wedding or an elderly parent's care. Provisions regarding financial penalties for infidelity or changes to one party's physical appearance also seem to be gaining popularity. Nearly any provision can be added to a prenuptial agreement; however, some may be considered questionable and not enforceable.

There are probably many couples in Pennsylvania who can attest to the fact that ending a marriage may be one of the more emotional things they will ever do in their lifetime. When a couple does decide to divorce, thoughts about the future are usually limited to getting through the divorce process , visitation schedules and who gets what assets. However, there are other considerations that couples may want to make sure they at least consider when negotiating the divorce settlement.

Unless the divorce takes place during tax season, tax considerations are often one of the last things people think about in the midst of a divorce. Nevertheless, a couple's tax status has the potential to change dramatically after divorce. For instance, the simple change of filing single instead of married can end up costing more in taxes.

Statistics show that approximately 65 percent of all businesses are owned by family, and 30 percent of those family businesses are run by spouses. Odds are that there are a good percentage of couples in Pennsylvania who are in business together. Should the couple get divorced, there is no reason why business ownership has to change.

There are many couples around the country and in Pennsylvania that have come to realize that they are better at being business partners than they are at being married. For a couple that is able to continue working together, divorce shouldn't keep that relationship from continuing. It may be awkward at first, but doesn't have to stay that way.