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What exactly is common law marriage? And do you know what the requirements for common law marriage in New York are? A common law marriage is a bond between two partners that is supposed to provide the same legal rights to a married couple, but without the marital ceremony. While the concept of this relationship has been around for years, most folks don’t give it a second thought as they understand it to be a thing of the past. Frankly, some partners might feel uncomfortable entering a legal marriage with their soulmates, yet they want to have the same rights and privileges. This, of course, varies from state to state.

New York’s laws on recognizing common law marriages include not recognizing them in any way. However, there is a process that is known as “equitable distribution” for property rights, as well as one for spousal support, that has been developed in place of that matrimonial standard. Because entering into a common law marriage places the partners into a committed relationship under the law, it’s useful to briefly review the United State’s view of common law marriages.

There are some areas in the country that still consider common law marriages to provide the same benefits and responsibilities as a recognized legal marriage. One of those is the District of Columbia, with others including Alask, Kansas, Montana, Utah, and Wyoming. So, when thinking about how to legally protect yourself and your partner, it would be good to consider that someone in Pennsylvania may be sharing the same benefits enjoyed by you if you lived there. Some other states consider it for benefits only, while Florida and Georgia have completely abrogated the concept.

You’d think that living in a state that doesn’t view common law marriages similarly to the District of Columbia would mean that you cannot claim such a status if you move to New York. But that’s not the case. If you came into New York (or Pennsylvania) from one of the states above (or a few others), you’re going to enjoy the same benefits and protections that a couple who entered into a legal marriage would enjoy. For that reason, it’s important to maintain records of your intent to enter into one of these relationships with bolstering evidence of your life together so that when you leave a state that has regarded you as common law married, you can begin to enjoy these rights and privileges in another jurisdiction.

Having been born in New York, it’s only natural that when your partner and you entered into an engagement, you thought nothing of it. Both of you began to plan for your life together, handling the normal wedding planning and organizational issues until you decided a civil ceremony without the bells, whistles, dress, and veil was just the right move. New York allows for secret marriages, so the two of you declared your vows in front of a judge and then headed off to Mexico for a nice honeymoon. When you returned to the U.S., you went on with your job and social lives as though you were legally married.

Then, something happened that neither of you expected. Your employer offered you a great job elsewhere and within a month, you would be moving far, far away. At that point, you realized that you had nothing to protect your rights regarding property or anything else if something were to happen to your partner. That’s when you begin discovering equitable distribution, but that process takes time. Time to what end, you both wonder. The state you were travelling to is definitely one that recognizes same sex partnerships, but does not recognize common law marriage within those guidelines. So, you’ve got to figure out what to do.

There are so many different reasons why you need to consult with a family law attorney soon after you complete your nuptials without the bells and whistles. It’s so easy to think that because New York does not recognize a common law marriage, there is nothing you need to worry about. But, you’d be wrong. Without a legal certificate, couples are at odds when one travels out of state, or one states that doesn’t regard the marriage as real. Issues of parentage could raise difficulties if the male or female biological parents dies. If the couple acquired joint property, such as a studio unit, it’s important that both partners are immediately listed on the deed. And, in the event of the death of one partner, transferring assets, bank accounts, medical records, and financial statements can become a challenge without a documented signature history. A consultation with a family law attorney shortly after the self-declared marriage could have solved many of those problems.

So many people live within the New York community and would benefit from spending an hour with a family law attorney before making a marital commitment. Clients come in regularly, thinking that they do have the rights associated with common law marriage. They’ve never looked up the ramifications of engaging in a common law marriage. They live their relationship as though they were legally married and then, something comes up that causes them to question their rights. At that point, we’re called in to resolve the situation. An ounce of prevention, however, helps to guarantee that all parties are on the right side of the law.

The world we live in is full of potential dangers, which is why families need to consider how the possession and use of self-defense tools like pepper spray laws in Maryland can be utilized without breaking the law. Families and individuals traveling across state lines must be especially cautious about knowing the laws of the states they visit and the states in which they reside. When you understand the laws of the land, you are better prepared to protect your loved ones and your future. If you live in or around Pittsburgh and your family travels to Maryland for any reason, then it is wise to be aware of Maryland law, especially if you or your children like to carry pepper spray.

A Pittsburgh divorce attorney who specializes in family law, Scott L. Levine, is well-versed in the complexities of family law and appreciates how family law and self-defense laws can vary between states. He routinely advises clients dealing with divorce, child custody, and other family law concerns, but he also counsels his clients on issues that arise outside of the context of divorce. In short, he understands that no matter what happens in a marriage or household, family safety will always be a concern. As such, he has an awareness of issues facing families that are often overlooked in the legal context, such as the importance of understanding the laws guiding the use of a self-defense tool like pepper spray.

In this blog, we explain the significant nuances of the following: If you want to know how pepper spray laws in Maryland may make a difference in your life, we have the answers you need. The possession and use of pepper spray and other forms of defense mechanisms differ from state to state. In Maryland, you should know that: The most significant issue concerning pepper spray in Maryland is the overall ban on the substance in the state. As such, it is illegal to carry pepper spray unless you obtain approval from the state. It is not likely you will be granted approval to carry the spray, since the state does not require a permit for any lawful reason.

Whether you are thinking about packing pepper spray for a trip to Maryland or considering acquiring it for everyday use, your best chance of staying out of trouble with the law is to avoid carrying or using the spray. You are likely to run into trouble and face the risk of arrest for illegal conduct. The best option is to avoid any such circumstances that could result in legal action against you. For example, you might consider carpooling with friends who can drive you to your destination instead of walking to public transportation alone. You could also skip traveling altogether, or you could enjoy your traveling experience without carrying or using pepper spray. While you may think it could help protect you and your family, it could also land you in jail. Traveling to Maryland with family members and this kind of self-defense tool is certainly a risk. The fact that it is illegal to possess pepper spray in the state could result in very serious legal consequences for you or your loved ones.

Scott L. Levine encourages you to take the necessary steps to stay safe while staying within the confines of the law. The cost of not knowing Maryland’s pepper spray laws could be your arrest and prosecution. If you find yourself charged with possession of pepper spray in Maryland, you could deal with any of the following criminal penalties: Situations will arise where knowing the laws of a destination state will be more critical than others. In those moments, ignorance of the laws could create serious problems.

Imagine the following scenarios: Learning the laws of any particular state can be difficult, but it is worth much of the hassle for how it can avoid legal complications and ensure your family’s safety. If you’re traveling to another state with one of these lesser-known regulations, it could literally make or break your trip. The only way to be sure you are following the law when it comes to acquiring pepper spray is to refrain from acquiring it. As noted, it is illegal to possess pepper spray in Maryland, so do not attempt to purchase it. Even if you have reached the minimum age requirement (which we note below), you will have no luck acquiring a permit to be in legal compliance with this substance.

You will undoubtedly come across pepper spray of varying ages. While some states do not have age restrictions on these items, there are some limits to the age you must be. In Maryland, you must be at least 18 years old to possess or even buy pepper spray products. If you are not 18, then you could be arrested for possession and face any of the aforementioned penalties. Thus, you should seriously consider your age before acquiring pepper spray in Maryland; conversely, parents should inform their children of the consequences of carrying pepper spray products and encourage their children not to acquire them.

Oftentimes, the need for a family law attorney is not immediate, especially when there are significant concerns about state laws. That is to say that you may not need legal action right away when trying to avoid legal issues. That said, you might find yourself in a situation where your family needs immediate legal representation. To that end, the role of a family law attorney in Pennsylvania extends beyond matters like divorce and child custody. Having this kind of counsel on your side means that you will have someone looking out for your best interests, even if your needs change and you face legal issues beyond the realm of divorce.

Legal education is essential for protecting your family security and peace of mind. When you know you are compliant with applicable laws, you can focus on enjoying your daily life or working through any potential legal issues without fear of running into unexpected problems. A family law attorney can help you to quell any concerns throughout your divorce and in your life thereafter. The knowledge of the law that you can gain through consultation with an experienced attorney will guide you as you work toward family peace of mind. If you would like to work with an attorney who can help you to navigate family safety concerns in the future, contact Scott L. Levine today for an initial consultation.

For more information on self-defense laws, you can visit Nolo’s guide on self-defense laws.

Legal separation is often a less publicized part of the dissolution process, but its impact on families and individuals can be significant. If you’re wondering how to file for legal separation in Florida, keep reading to learn more about legal separation and the implications of the process.

There is a distinction between legal separation and divorce; each process still ends your marriage, but only divorce will dissolve that marriage as a legal entity. Legal separation means that you and your spouse will be living apart, ending your marriage as if you had been through the divorce process, but you are not yet legally divorced.

You may be considering legal separation in the following situations:

• In some cases, separation may be necessary to determine viable options for reconciliation, or to gain legal protections before they are needed.
• In other cases, legal separation may be needed so that one spouse can move forward with their life while protecting the rights and assets of the other one.

If you wish to file for legal separation in Florida, your rights as a legal resident will allow you to do this in court. You must file under Chapter 61 of the Florida Statutes, also referred to as the Florida Dissolution of Marriage Act.

To file for legal separation in Florida, follow these steps:

Florida courts are interested in the best interests of children during a dissolution process, so you may need to attend a parenting class if you have children under 18 years old.

Some states offer a legal separation process that is different from divorce, but in Florida, the process is similar. There are some differences to be aware of, so you should be prepared for your first court appearance.

In Florida, common law marriage is recognized and your separation will likely not have any implications on your status as a common law spouse. Your case may be more complicated if you have established common law relationships or contract provisions relating to separation in a premarital agreement.

For detailed information regarding the procedure to follow when filing for legal separation in Florida, please review the following article: Filing a Petition for Legal Separation in Florida: A How-To.

You can take several steps to make the legal separation process easier. These include:

For more information regarding practical implications you may face in filing for legal separation in Florida, review the following article: How to File for Legal Separation in Florida: FAQs.

Many individuals ask about the implications of legal separation on alimony, child support, and other important legal matters. The amount of child support and alimony you can collect will vary based on the length of your marriage and the frequency of special expenses you pay for your children. Either parent can request a temporary allowance while waiting for the outcome of the divorce. This will usually be honored by the Florida courts in divorce proceedings.

It is not legal to share financial resources with a live-in partner if you are getting separated in Florida. All debts accrued during the marriage are separate debts belonging to you and your spouse, but once you are separated, all debt that is simultaneously acquired are the individual debts of the spouse who acquired them.

This may seem like a dumb question, but many individuals going through the legal separation process ask if they can afford to live apart. If you are worried about having enough money to make two separate lives work financially, consider the costs you save when you decide to live separately. Your living expenses will be reduced, your health care costs will be reduced, and you may find that separation offers enjoyable freedoms that help you maintain your mental health in stressful times.

The best advice for anyone facing legal matters such as filing for legal separation is to consult an attorney. As an experienced legal advisor, Scott L. Levine has helped countless clients navigate the dissolution process with compassion and experience that can make all the difference. By reviewing your rights and getting help with court paperwork, attorney’s fees, and custody issues, you can move forward with your filing for legal separation in Florida with confidence.

In addition, we encourage you to consider selecting a law office that will provide more than just past court case results. Reviews from previous clients can be a better representation of the service, commitment to client satisfaction, and compassion offered by an attorney. Scott Levine can help you resolve your legal separation case with great skill and compassion, so you can move forward with a healthy separation.

For more information on legal separation, you can visit Nolo’s Legal Separation Overview.

The latest Order for local courts dated May 25, 2021 “extends its April 26, 2021 temporary amendment of its August 31, 2020 Emergency Operations Order with some modifications…effective Tuesday, June 1, 2021 through Friday, July 2, 2021:”

“All Court of Common Pleas facilities shall remain open to the public and open for case filings including, but not limited to:

• The Criminal Division Miscellaneous Motions Counter, Room 534 for acceptance of filings;
• The Formal Arraignment section, Room 519, for those defendants with a scheduled formal arraignment who have not waived their presence;
• The Civil Division Housing Court Help Desk for assistance to landlords and tenants;
• The Family Law Center for the filing of Petitions for Protection from Abuse (PFA) and entry of Temporary PFA Orders per the August 31, 2020 Emergency Operations Order.”

Family Division is impacted as follows:

“ICC Hearings for incarcerated individuals and certain support contempt matters designated by the Administrative Judge shall proceed as scheduled in the Family Division, with as many participants appearing by ACT as possible.

Delinquency adjudication hearings for juveniles who request an in-person hearing may proceed in person with as many participants appearing by ACT as possible.

Effective June 7, 2021, any other matters may proceed with the approval of the Administrative Judge, in-person or remotely via ACT (subject to Constitutional limitations). Matters previously scheduled as remote hearings shall proceed as remote hearings.”

In a modern world where emotional support animal laws georgia play a real part in many peoples lives, it is important to know how they might intersect with the many common legal matters that families often deal with, such as custody agreements and living arrangements. This article will cover some basic facts about emotional support animals which any parent or any person bound to an agreement governing the rights of a child should know and understand.

In legal terms, emotional support animals are different than service animals or pets. Service animals are those that have been specially trained to assist people with disabilities in completing necessary tasks for their life. Service animals also fall under the United States Americans with Disabilities Act – ADA. This is an important distinction because emotional support animals, which have not been given any special training for service, do not have the same protections nor regulations as service animals do.

Emotional support animals are not only defined in the Americans with Disabilities Act as being an animal that provides comfort and support to individuals who suffer from various disabilities apparent in the minds of disability advocates and organizations. In other words, emotional support animals can be available to support almost any mental disability you can imagine.

Whether or not emotional support animals will cause custody issues in divorce proceedings is a complicated question which much be answered on a case by case basis. In most states this will depend on how key points of the divorce settlement agreement are worded and what kind of custody arrangements are made. Most divorce settlements have some specific details regarding the arrangements made for the custody of any pets.

On the other hand, having an emotional support animal may also make a huge unpleasant aspect of a divorce situation into something that is possibly very helpful. The emotional support animal may be considered a shared possession between two parents. In this case, one parent must keep the emotional support animal as the primary custodian. Then, the other parent gets visitation while the animal is with the prior custodian – just like with a family member or someone in the network of people who impact the lives of children cared for in the home.

Another big area where families might see emotional support animals come into play are with laws related to housing or other arrangements that require an individual to have a permit to have a pet or emotional support animal. In general, laws about having animals in a dwelling can be affected by emotional support animals in one of two ways: (1) sometimes housing laws will allow adaptive persons to circumvent limitations such as fees for owning a pet or (2) sometimes housing laws will put restrictions on a lease agreement or rental contract stating that emotional support animals are subject to limitations.

Whichever potential situation might come up, sometimes the contractual limitations or possible allowances made for emotional support animals might negatively impact a custodial agreement. This is why it is very important to have a family law attorney who can foresee potential problems in an agreement, and adjust the details of a custodial agreement and/or divorce settlement accordingly.

For example, let’s say mom and dad did not take the possibility of needing an emotional support animal into consideration during their marriage. Dad suffers from depression. In the course of his depression, dad decided he needed an emotional support animal. Dad leaves the home with the emotional support animal, but there are no provisions in the divorce settlement agreement that allow dad to live in an apartment with his emotional support animal.

In this example, the emotional support animal would have made a positive difference in the health of both individuals, yet it has become something dad cannot accommodate into his life due to a contractual obligation resulting from a poorly constructed divorce agreement. Dad would have to carefully weigh the pros and cons of referring to the emotional support animal in a contract with the wife to allow for a change.

One of the most important aspects of emotional support animals and family legal matters is knowing your rights. For example, people with emotional support animals have the following rights when it comes to custody issues and divorce agreements:

To explore more signs that prove you would benefit from contacting an attorney, we recommend visiting the Ban Bao World site where you will find articles and resources dedicated to addressing family legal issues. For more information on emotional support animals, you can visit this Wikipedia page.

Over the past thirteen months the local courts have responded exceedingly well to altering the daily functioning of the various departments when considering the constraints imposed on a broader scale and compared to other counties. While different, litigants in Family Division have been by and large able to address their needs, albeit in new ways, but at least being able to continue their cases.

For family division cases in in Allegheny County, almost all matters are being handled by phone or video conference. Support conferences and hearings are by phone. Conciliations, Hearings and Trials are using video conferencing.

Filing for Protection from Abuse will continue to be done in person. The Department of Court Records has been open during the past thirteen months, but filings can be done by mail or on-line.

The latest Order governing the operations of the courts in Allegheny County was entered on April 26, 2021.

This Order states that most legal matters in Pittsburgh Courts will continue to be handled in the same way as they have proceeded during the last ten months. The Order extends until May 28, 2021.

The complete text is copied below as it contains information for all court matters and not just family court, as we often see overlap between the cases we handle and those occurring in other divisions.

“IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT
IN RE: TEMPORARY AMENDMENT
TO FIFTH JUDICIAL DISTRICT EMERGENCY OPERATIONS PLAN
No. 23 WM 2020

ORDER OF COURT

AND NOW, this 26th day of April 2021, this Court continues to recognize that, due to the high number of positive COVID-19 tests in Allegheny County, ongoing efforts must be made to reduce the amount of people present in court facilities while keeping the courts open to the public. Accordingly, the Court extends its March 31, 2021 temporary amendment of its August 31, 2020 Emergency Operations Order with some modifications and it is hereby ORDERED that the following measures be taken pursuant to Pa.R.J.A. No. 1952(B)(2) effective Monday, May 3, 2021 through Friday, May 28, 2021:

Court of Common Pleas

During this period of time, all matters shall be conducted remotely via Advanced Communication Technology (ACT) and no in-person hearings or proceedings shall occur in any division of the Court of Common Pleas other than as set forth below. All proceedings that can be conducted remotely shall proceed as scheduled subject to the following provisions.

Postponements

• All proceedings scheduled on or prior to May 28, 2021 that cannot be conducted using ACT or in person, as permitted pursuant to this Order, shall be postponed to a date certain after May 28, 2021 pursuant to the procedures for each division.

• The published May 2021 Civil Division trial list continues to be suspended subject to the Order of September 17, 2020 (AD 185 of 2020) concerning non-jury trials and the Order of February 5, 2021 (AD 27 of 2021) concerning in-person jury trials.

• Recognizing that the September 4, 2020 Centers for Disease Control and Prevention’s Order temporarily halting certain evictions nationwide (CDC Order) has been extended through June 30, 2021 and may be further extended, all Civil Division Orders of Court staying a case pursuant to the terms of the CDC Order are hereby extended through June 30, 2021 and further through any additional extension of the CDC Order.

In-Person Hearings

• ICC Hearings for incarcerated individuals and certain support contempt matters designated by the Administrative Judge shall proceed as scheduled in the Family Division, with as many participants appearing by ACT as possible, including witnesses and attorneys.

• Delinquency adjudication hearings for juveniles who request an in- person hearing may proceed in person with as many participants appearing by ACT as possible, including witnesses and attorneys. No other juvenile court hearings or proceedings shall be conducted in person.

• In the Criminal Division, only non-jury trials, motions or other proceedings which require witness testimony, and sentencing hearings and pleas where there is a likelihood that an immediate sentence of imprisonment will be imposed, may proceed as scheduled in person with as many participants appearing by ACT as possible, including witnesses and attorneys. Jury trials will resume on a limited basis with jury selection occurring at the David L. Lawrence Convention Center and trials being conducted in one of three designated courtrooms. Due to social distancing concerns, no jury trials involving codefendants shall take place. No other Criminal Division hearings or proceedings shall be conducted in person.

• No jury trials, non-jury trials, or other proceedings which require the in- person testimony of witnesses from outside the Country shall not take place in any Division until after May 31, 2021.

• The Civil Division Arbitration Department resumed limited in-person arbitration hearings on April 5, 2021; those limited in-person arbitration hearings shall continue pending further Order of Court. In-person arbitration hearings shall employ all safety protocols as set forth in the Court’s Amended Emergency Operations Plan Order of August 31, 2020.

All previously scheduled fully remote arbitration hearings conducted using ACT shall proceed as scheduled. If an in-person hearing has been suspended pursuant to prior Order, the parties may request a fully remote arbitration hearing using ACT. The parties requesting a fully remote ACT arbitration hearing shall do so utilizing the forms, instructions and protocols found on the Court’s website at https://www.alleghenycourts.us/civil/arbitration.aspx.

Information regarding requesting an arbitration hearing date for a case filed during the time when dates were not being assigned can be found on the Court’s website at: https://www.alleghenycourts.us/civil/arbitration.aspx

Participants appearing in person for any matter before in any Division of the Court of Common Pleas shall employ all safety protocols as set forth in the Court’s Amended Emergency Operations Plan Order of August 31, 2020.

All Court of Common Pleas facilities shall remain open to the public and open for case filings including, but not limited to:

• The Criminal Division Miscellaneous Motions Counter, Room 534 for acceptance of filings;
• The Formal Arraignment section, Room 519, for those defendants with a scheduled formal arraignment who have not waived their presence;
• The Civil Division Housing Court Help Desk for assistance to landlords and tenants;
• The Family Law Center for the filing of Petitions for Protection from Abuse (PFA) and entry of Temporary PFA Orders per the August 31, 2020 Emergency Operations Order.

Magisterial District Courts

The operations in the Magisterial District Courts are temporarily modified as follows:

• Summary Non-Traffic/Traffic proceedings scheduled through May 28, 2021, in which all parties agree and are able to conduct the proceeding using ACT, may be conducted remotely. If the proceedings cannot be conducted using ACT, the proceedings shall be postponed to a date certain after May 28, 2021. Special hardship requests by a defendant for an in-person hearing in a summary case may be granted at the discretion of the Magisterial District Judge, provided that all COVID-19 protocols, including occupancy restrictions in courtrooms and waiting rooms, are strictly followed.

• Commerical Landlord-Tenant proceedings may proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person.

• Residential Landlord-Tenant proceedings shall be governed by this Court’s March 31, 2021 Order regarding certain Residental Landlord Tenant Actions.
• Civil proceedings scheduled through May 28, 2021, in which the defendant has notified the Court that they intend to defend the case pursuant to Pa.R.C.P.M.D.J. 304(4)(a), shall be postponed to a date certain after May 28, 2021.

• Civil proceedings scheduled during the period from May 3, 2021 through May 28, 2021, where the defendant has not notified the Court that they intend to defend the case pursuant to Rule 305(4), shall remain on the docket. In such cases:

A. If prior to the scheduled hearing date, the defendant notifies the Court that they intend to defend the case, the case shall be postponed to a date certain after May 28, 2021; or
B. If the defendant appears on the scheduled hearing date, the case shall be postponed to a date certain after May 28, 2021.
If the defendant fails to comply with A. or B. above, a judgment may be entered against the defendant by default pursuant to Rule 319(B).

• Civil proceedings in which all parties agree to conduct the hearing using ACT may be conducted remotely.

• Preliminary Hearings for non-incarcerated individuals may proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants that cannot appear by ACT are permitted to appear in person.

• Preliminary Hearings for incarcerated individuals shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person. Incarcerated participants will appear by ACT.

• Emergency PFA Petitioners may appear in person to present their petitions per the August 31, 2020 Emergency Operations Order.

• Preliminary Arraignments will proceed per the August 31, 2020 Emergency Operations Order.
Participants appearing in person for any matter before the Magisterial District Courts shall employ all safety protocols as set forth in the Court’s Amended Emergency Operations Plan Order of August 31, 2020.

The Magisterial District Courts shall remain open to the public and open for case filings, payments and case processing.

Pittsburgh Municipal Court

The operations in Pittsburgh Municipal Court are temporarily modified as follows:

• Non-Traffic summary proceedings scheduled through May 28, 2021 shall be postponed to a date certain after May 28, 2021.

• Traffic summary proceedings scheduled through May 28, 2021 shall be postponed to a date certain after May 28, 2021, with the exception of traffic summary proceedings involving moving violations which shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants that cannot appear by ACT are permitted to appear in person.

• Preliminary Hearings for both non-incarcerated and incarcerated individuals shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person.

• Summary hearings for incarcerated individuals shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person. Incarcerated participants will appear by ACT.

• Emergency PFA Petitioners may appear in person to present their petition per the August 31, 2020 Emergency Operations Order.

• Preliminary Arraignments will proceed per the August 31, 2020 Emergency Operations Order.

Participants appearing in person for any matter in the Pittsburgh Municipal Court shall employ all safety protocols as set forth in the Court’s Amended Emergency Operations Plan Order of August 31, 2020.

Pittsburgh Municipal Court shall remain open to the public and open for case filings, payments and case processing.

All other provisions of the Emergency Operations Plan Order entered on August 31, 2020 as amended shall remain in effect until further Order of Court.

All Court facilities shall remain open to the public and open for case filings and other business except as described above.”

If you require assistance navigating what these changes mean to your case, or proceeding or responding to new or existing litigation feel free to call our office at: 412.303.9566. We offer a free phone consultation for Allegheny County Family Law matters.

Family law practitioners always talk about how important it is to understand as much of the case as possible, and this means all aspects of the case. However, at times, it can feel pointless to pay attention to some issues that seem pretty much unrelated to the matter at hand. The fact of the matter is that many things are interrelated. For example, the notion that important things can definitely apply despite a lack of seeming relevance can be pretty important to remember in the family law setting. This is the case in part because of the nature of the family law setting and the fact that so many areas of your personal and professional life can blend together and affect one another in ways you may not expect. Take for example, the topic of real estate forms and agreements. Sometimes, family law cases involve divorce settlements, and these divorce settlements involve real estate properties. As such, divorce settlements can become tied up in real estate agreements and assets that are part of the settlement. To clarify why this is the case, consider a situation in which a couple is divorcing in Washington state, where there’s a very important real estate form, the comprehensive Washington state purchase and sale agreements. Now, in this context, the real estate forms and agreements that come up in family law settings can have a real impact. While things can go smoothly, many issues can come up in this regard, such as situations in which the parties could end up being on the hook for damages in real estate matters, when they had no idea such an issue might even come up. This is where a family law attorney should be able to help you understand what it is that you’re getting into, and that means understanding the real estate agreements you could encounter that are tied to other parts of your life, such as divorce settlements or child custody agreements.

In the business world, a license agreement gives permission for one party to use what belongs to another. A license agreement may exist between two individuals or two businesses. Many businesses, like small family-owned businesses, may have license agreements. A franchise agreement is a license agreement that’s specifically geared toward expanding brand awareness through expansion of a company’s products or services. Franchise agreements may be between two businesses. As with any legal agreements, the parties involved must understand the agreement’s language. Family law attorneys may see license and franchise agreements frequently in their law practices.

When you’re dealing with family-owned businesses, these types of agreements come into play as ways that families handle their businesses. Perhaps part of your family wealth comes from a successful company owned by your family. If you’re a business owner, it’s vital that you safeguard that wealth while also ensuring that family members are able to share in the wealth. Your family could be structured in any manner in which parents had children together or children did not have both parents in their upbringing. Family members often have intricate relationships with one another. These relationships are not always healthy or productive. When you fail to value your family relationships, your relationship with your family business could suffer, resulting in arguments, relationship problems and estate issues.

Even where your family gets along, legal agreements that clearly spell out your thoughts and goals could be key to preventing family disagreements over how revenue generated by a family business is to be shared among family members. By entering into an agreement with your family members, particularly where there’s a business entity in which family members invest money or time, you could save yourself a lot of future headaches in family law. Understanding the language of license and franchise agreements is one aspect of knowing how these agreements can impact family law. You’ll need to understand how this type of agreement is likely to affect you in the future, not just only today. By doing this, you could hopefully avoid decisions that could lead to litigation.

Unfortunately, families are not always able to set aside their differences. Even when a family member involved in a business is working in a respectable capacity with other family members’ knowledge and consent, disputes could still arise. When conflicts arise, families could benefit from identifying their agreements in writing, like in a license agreement or franchise agreement. This could simply involve either family members drawing up a written agreement describing who is going to do what in relation to the family business, or it could involve putting that agreement in a legal document. In either case, having the information documented in writing and signed off on by all family members who are parties to the agreement could help to mitigate disputes.

If your family is involved in a business together, understanding how a license agreement and a franchise agreement relates to your family is a key part in ensuring that the arrangement you have for doing business with one another avoids conflict in both your business and the larger family network. When you don’t understand how one or both agreements relate to your family as family members enter into them, family members could be susceptible to making business and financial decisions that could create problems for themselves and the rest of their family. Your family could be strong and highly productive, or it could be dysfunctional.

Consulting with a family law attorney who has a background in business could help you decide on the best course of action to form a business agreement with your family. Like with any other legal agreements, a family law attorney could assess your current situation along with your future goals for you and your family and advise you on the best way forward. While you may already be familiar with how a license agreement vs franchise agreement works in relation to family members, or you may have even entered into one with family members in the past, the benefit of having a free consultation with a family law attorney like Scott L. Levine could be the difference between a solid understanding of licensing and franchising agreements within your family and a failed business relationship amongst family members. Discussing the nature of your family with a family law attorney could be helpful. The attorney could advise you on the benefits of forming a legal agreement with your family members. Family members should never be involved in business with one another without consulting experienced legal counsel.

As we make the difficult decisions regarding our lives, our families, and our futures, there is so much in the way of legalese that we must comprehend as we move through the litigation process. Someone who is not familiar with the law may have several difficulties in understanding some of the jargon. From words like alimony and visitation to the legal definition of notwithstanding, it can be hard to navigate. The social system has a huge impact on the decisions we make and the phrases that are used to make those decisions. That is why it is so important to take as much care as possible when dealing with family law decisions.

The term notwithstanding refers to the fact that the language or message therefore expresses something opposite to what would be expected from the context. In legal terms, notwithstanding usually appears in the context of laws, contracts, and other formal or expected situations. It’s a way to indicate that despite the circumstances, a specific action is to be taken.

Let’s take an example. During divorce proceedings, if there are children involved, it may be decided that one of the parents will have custody of the child, while the other has only visitation rights. The parent with primary custody might be awarded the right to make crucial decisions for the child, related to things like religion, education, and discipline. But what happens if the parent without custody suffers a tragic loss in the family, and wishes to take the child to the funeral?

In this case, despite the fact that the parent without custody provides childcare when on visitation, they have no had the cause of death of the loved one, and may wish to introduce the child to their cultural, familial, and religious backgrounds. The factual circumstances surrounding the death of a loved one, may override many clauses, and allow the parent without primary custody to act in the best interest of their child. These are the types of clauses that a competent family law attorney would likely be able to assist with.

When it comes to the term “notwithstanding,” you can rely on legal counsel to reduce the amount of guesswork you’ll need to do when moving through the legal process. Your attorney will provide you with the information you need to understand how this term, and others, will impact your life during and after your divorce.

For more information on legal terminology, you can visit Wikipedia’s page on legal terms.

In Allegheny County, The 5th Judicial District Emergency Operations Plan was extended and modified February 24, 2021 as set forth below.

ORDER OF COURT

“AND NOW, this 24th day of February 2021, this Court continues to recognize that, due to the high number of positive COVID-19 tests in Allegheny County, ongoing efforts must be made to reduce the amount of people present in court facilities while keeping the courts open to the public. Accordingly, the Court extends its January 26, 2021 temporary amendment of its August 31, 2020 Emergency Operations Order with some modifications and it is hereby ORDERED that the following measures be taken pursuant to Pa.R.J.A. No. 1952(B)(2) effective Monday, March 1, 2021 through Friday, April 2, 2021:

Court of Common Pleas

During this period of time, all matters shall be conducted remotely via Advanced Communication Technology (ACT) and no in-person hearings or proceedings shall occur in any division of the Court of Common Pleas other than as set forth below. All proceedings that can be conducted remotely shall proceed as scheduled subject to the following provisions.

Postponements

• All proceedings scheduled on or prior to April 2, 2021 that cannot be conducted using ACT or in person, as permitted pursuant to this Order, shall be postponed to a date certain after April 2, 2021 pursuant to the procedures for each division.

• All published Civil Division trial lists continue to be suspended subject to the Order of September 17, 2020 (AD 185 of 2020) concerning non-jury trials and the Order of February 5, 2021 (AD 27 of 2021) concerning in- person jury trials.

• Recognizing that the September 4, 2020 Center for Disease Control and Prevention’s Order temporarily halting certain evictions nationwide (CDC Order) has been extended through March 31, 2021, all Civil Division Orders of Court staying a case pursuant to the terms of the CDC Order are hereby extended through March 31, 2021.

• All in-person arbitration hearings are suspended through April 2, 2021.

• All previously scheduled fully remote arbitration hearings conducted using ACT shall proceed as scheduled. If an in-person hearing has been suspended pursuant to this Order, the parties may request a fully remote arbitration hearing using ACT. The parties requesting a fully remote ACT arbitration hearing shall do so utilizing the forms, instructions and protocols found on the Court’s website.

• If an arbitration hearing is continued pursuant to this Order and the parties do not seek a fully remote arbitration hearing, the Court will reschedule the arbitration and the Department of Court Records will send notice of the new arbitration hearing date to the parties.

In-Person Hearings

• ICC Hearings for incarcerated individuals shall proceed as scheduled in the Family Division, with as many participants appearing by ACT as possible, including witnesses and attorneys.

• Delinquency adjudication hearings for juveniles who request an in- person hearing may proceed in person with as many participants appearing by ACT as possible, including witnesses and attorneys. No other juvenile court hearings or proceedings shall be conducted in person.

• In the Criminal Division, only non-jury trials, motions which require witness testimony, and sentencing hearings and pleas, where there is a likelihood that an immediate sentence of imprisonment will be imposed may proceed as scheduled in person with as many participants appearing by ACT as possible, including witnesses and attorneys. No other Criminal Division hearings or proceedings shall be conducted in person.

• No jury trials, non-jury trials, or other proceedings which require the in- person testimony of out-of-state witnesses shall take place in any Division until after April 2, 2021.

• The Civil Division Arbitration Department will resume limited in-person arbitration hearings on April 5, 2021, employing all safety protocols as set forth in the Court’s Amended Emergency Operations Plan Order of August 31, 2021.

• Pending further order of court, no jury trials shall take place until after April 2, 2021. The Court shall continue to evaluate the circumstances regarding the positive COVID-19 cases in Allegheny County to determine an appropriate time to resume jury trials.

All Court of Common Pleas facilities shall remain open to the public and open for case filings including, but not limited to:

• The Criminal Division Miscellaneous Motions Counter, Room 534 for acceptance of filings;

• The Formal Arraignment section, Room 519, for those defendants with a scheduled formal arraignment who have not waived their presence;

• The Civil Division Housing Court Help Desk for assistance to landlords and tenants;

• The Family Law Center for the filing of Petitions for Protection from Abuse (PFA) and entry of Temporary PFA Orders per the August 31, 2020 Emergency Operations Order.

Magisterial District Courts

The operations in the Magisterial District Courts are temporarily modified as follows:

• Summary Non-Traffic/Traffic proceedings scheduled during the period from March 1, 2021 through April 2, 2021, in which all parties agree and are able to conduct the proceeding using ACT, may be conducted remotely. If the proceedings cannot be conducted using ACT, the proceedings shall be postponed to a date certain after April 2, 2021. Special hardship requests by a defendant for an in-person hearing in a summary case may be granted at the discretion of the Magisterial District Judge, provided that all COVID-19 protocols, including occupancy restrictions in courtrooms and waiting rooms, are strictly followed.

• Commercial Landlord-Tenant proceedings may proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person.

• Residential Landlord-Tenant proceedings shall be governed by a separate Order issued this same date.

• Civil proceedings scheduled during the period from March 1, 2021 through April 2, 2021, in which the defendant has notified the Court that they intend to defend the case pursuant to Pa.R.C.P.M.D.J. 304(4)(a), shall be postponed to a date certain after April 2, 2021.

• Civil proceedings scheduled during the period from March 1, 2021 through April 2, 2021, where the defendant has not notified the Court that they intend to defend the case pursuant to Rule 305(4), shall remain on the docket. In such cases:

A. If prior to the scheduled hearing date, the defendant notifies the Court that they Intend to defend the case, the case shall be postponed to a date certain after April 2, 2021; or
B. If the defendant appears on the scheduled hearing date, the case shall be postponed to a date certain after April 2, 2021.

If the defendant fails to comply with A. or B. above, a judgment may be entered against the defendant by default pursuant to Rule 319(B).

• Civil proceedings in which all parties agree to conduct the hearing using ACT may be conducted remotely.

• Preliminary Hearings for non-incarcerated individuals may proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants that cannot appear by ACT are permitted to appear in person.

• Preliminary Hearings for incarcerated individuals shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person. Incarcerated participants will appear by ACT.

• Emergency PFA Petitioners may appear in person to present their petitions per the August 31, 2020 Emergency Operations Order.

• Preliminary Arraignments will proceed per the August 31, 2020 Emergency Operations Order.

The Magisterial District Courts shall remain open to the public and open for case filings, payments and case processing.

Pittsburgh Municipal Court

The operations in Pittsburgh Municipal Court are temporarily modified as follows:

• Non-Traffic summary proceedings scheduled during the period from March 1, 2021 through April 2, 2021 shall be postponed to a date certain after April 2, 2021.

• Traffic summary proceedings scheduled during the period from March 1, 2021 through April 2, 2021 shall be postponed to a date certain after April 2, 2021, with the exception of traffic summary proceedings involving moving violations which shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants that cannot appear by ACT are permitted to appear in person.

• Preliminary Hearings for both non-incarcerated and incarcerated individuals shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys.

Participants who cannot appear by ACT are permitted to appear in person.

• Summary hearings for incarcerated individuals shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person. Incarcerated participants will appear by ACT.

• Emergency PFA Petitioners may appear in person to present their petition per the August 31, 2020 Emergency Operations Order.

• Preliminary Arraignments will proceed per the August 31, 2020 Emergency Operations Order.

Pittsburgh Municipal Court shall remain open to the public and open for case filings, payments and case processing.

All other provisions of the Emergency Operations Plan Order entered on August 31, 2020 as amended shall remain in effect until further Order of Court. All Court facilities shall remain open to the public and open for case filings and other business except as described above.”

***Additionally, in another Order dated the same day, the Judicial Emergency was extended through June 30, 2021.*** That Order set forth:

ORDER OF COURT

“AND NOW, this 24th day of February 2021, consistent with the Order of the Supreme Court of Pennsylvania dated May 27, 2020, this Court having originally declared a judicial emergency in the Fifth Judicial District of Pennsylvania beginning on March 16, 2020, and having previously extended such emergency through March 31, 2021, I now DECLARE that the judicial emergency be extended through June 30, 2021. The provisions of the Fifth Judicial District Emergency Operations Plan as amended, shall remain in effect through the remaining duration of the judicial emergency. The suspension of the operation of Pennsylvania Rule of Criminal Procedure 600 shall continue through June 30, 2021, so that the time period of the judicial emergency shall be excluded from the time computations under Rule 600(C) to the extent consistent with constitutional limitations.”

For Adult Family Law Cases in Pittsburgh, Allegheny County, PA the latest Order simply means the continuation of remote attendance, by telephone or Microsoft Teams (depending on the type of matter) for everything except in person filings for Protection From Abuse (PFA) matters. Final PFA hearings remain remote via Microsoft Teams.

If you require assistance with a new or existing case, or have questions about navigating the system in the current state of affairs, we would be happy to assist you.