Isabella Divorce Lawyer, Pennsylvania, page 3

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Family Law, Divorce, Child Custody, Child Support
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Carol S. Mills Mccarthy

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Family Law, Divorce, Domestic Violence & Neglect, Adoption
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Nelson D. Berardinelli

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LEGAL TERMS

INCURABLE INSANITY

A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of... (more...)
A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of the spouse being divorced and that the insanity is incurable.

GIFT TAXES

Federal taxes assessed on any gift, or combination of gifts, from one person to another that exceeds $12,000 in one year. Several kinds of gifts are exempt form... (more...)
Federal taxes assessed on any gift, or combination of gifts, from one person to another that exceeds $12,000 in one year. Several kinds of gifts are exempt form this tax: gifts to tax-exempt charities, gifts to your spouse (limited to $120,000 annually if the recipient isn't a U.S. citizen) and gifts made for tuition or medical bills. In addition to the annual gift tax exclusion, there is a $1 million cumulative tax exemption for gifts. In other words, you can give away a total of $1 million during your lifetime -- over and above the gifts you give using the annual exclusion -- without paying gift taxes.

INJUNCTION

A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy fo... (more...)
A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy for harm that has already occurred. Injunctions are orders that one side refrain from or stop certain actions, such as an order that an abusive spouse stay away from the other spouse or that a logging company not cut down first-growth trees. Injunctions can be temporary, pending a consideration of the issue later at trial (these are called interlocutory decrees or preliminary injunctions). Judges can also issue permanent injunctions at the end of trials, in which a party may be permanently prohibited from engaging in some conduct--for example, infringing a copyright or trademark or making use of illegally obtained trade secrets. Although most injunctions order a party not to do something, occasionally a court will issue a 'mandatory injunction' to order a party to carry out a positive act--for example, return stolen computer code.

COMPARABLE RECTITUDE

A doctrine that grants the spouse least at fault a divorce when both spouses have shown grounds for divorce. It is a response to an old common-law rule that pre... (more...)
A doctrine that grants the spouse least at fault a divorce when both spouses have shown grounds for divorce. It is a response to an old common-law rule that prevented a divorce when both spouses were at fault.

PHYSICAL INCAPACITY

The inability of a spouse to engage in sexual intercourse with the other spouse. In some states, physical incapacity is a ground for an annulment or fault divor... (more...)
The inability of a spouse to engage in sexual intercourse with the other spouse. In some states, physical incapacity is a ground for an annulment or fault divorce, assuming the incapacity was not disclosed to the other spouse before the marriage.

MARTIAL MISCONDUCT

See fault divorce.

ACKNOWLEDGED FATHER

The biological father of a child born to an unmarried couple who has been established as the father either by his admission or by an agreement between him and t... (more...)
The biological father of a child born to an unmarried couple who has been established as the father either by his admission or by an agreement between him and the child's mother. An acknowledged father must pay child support.

INTERLOCUTORY DECREE

A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.

CUSTODIAN

A term used by the Uniform Transfers to Minors Act for the person named to manage property left to a child under the terms of that Act. The custodian will manag... (more...)
A term used by the Uniform Transfers to Minors Act for the person named to manage property left to a child under the terms of that Act. The custodian will manage the property if the gift giver dies before the child has reached the age specified by state law -- usually 21. When the child reaches the specified age, he will receive the property and the custodian will have no further role in its management.

SAMPLE LEGAL CASES

Annechino v. Joire

... affirm. ¶ 2 In this case, the parties entered into a Marital Property Settlement Agreement prior to the entry of the divorce decree in Chester County and did not incorporate or merge that agreement into the final divorce decree. ...

Danz v. Danz

... OPINION BY TAMILIA, J.: ¶ 1 Cindy L. Danz appeals the July 18, 2007, Order denying her Motion to Vacate or Open a Decree of Divorce. [1]. ... See generally, 23 Pa.CSA § 3301, Grounds for divorce, (c) Mutual consent, (d)(1) Irretrievable breakdown. ...

Gerow v. Gerow

... 1 Amy Hutchinson ("Appellant") as executrix of the estate of John Y. Gerow, III ("Husband") appeals the trial court's December 6, 2007 order denying Appellant's motion to substitute personal representative and determine economic rights pursuant to the Divorce Code at 23 Pa ...

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