Family Law Edition ----------------------------------------------------- September 2019
Alternative Pleading in a Divorce Action? Not so Fast!

While many people may have heard of "no-fault divorce," they may not realize that there are two types of no-fault divorces in Pennsylvania. Although the PA Rules of Civil Procedure allow someone to sue for both types of no-fault divorce at the same time, there are a growing number of cases that appear to set some limitations when doing so in certain circumstances.

Certainly, a plaintiff in a divorce case has the right to choose the sort of no-fault divorce one wishes to pursue, but one also has to be aware of the implications of things like an alimony order may have on what needs to be done to bring a divorce case to a conclusion. Specifically, if one pursues a no-fault divorce on the basis of mutual consent, one must be prepared to complete all of its procedural requirements, otherwise one should pursue divorce on different grounds. You can learn more about this issue here .
Custody of Nonbiological Children—Burden and Proof Issues

On June 28, 2019, Jim Cushing's latest article was published in The Legal Intelligencer . His article deals with the leading edge of family law as it describes a very recent case involving artificial insemination, same sex parents, and the custodial rights one may have over a non-biological child.

The current state of the law is that a non-parent seeking shared custody of a child has to have standing and demonstrate by clear and convincing evidence that such a custody arrangement is in the best interest of a child.

You can read this article on The Legal Intelligencer 's website here or on Jim's blog here . As always, Jim will stay on top of these developments in family law, and more, and will keep you updated.
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