Recent Posts in New Laws Category
| July 16, 2009 |
| Collaborative Law and Divorce |
| Posted By L. Anthony Bompiani, Esquire |
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Collaborative
Law is the practice and art of settling cases with legal counsel, but
without court intervention at any stage. All negotiations take place in
four-way conferences between the parties and their attorneys. Each
client has built-in legal advice and advocacy during negotiations and
each attorney is committed to guiding the clients toward reasonable
solutions.
The attorneys cannot go to court or threaten to
go to court. In fact, at the beginning of the proceed, all parties and
attorneys sign a contract agreeing that if either party decides to take
the case to court, then both parties must hire new attorneys. This puts
the responsibility on the attorneys to keep the case under control,
which is very important in divorce cases. In Collaborative Law,
settlement is the only agenda and all involved rely upon an atmosphere
of cooperation and professionalism.
For more information
regarding the Collaborative Law movement in Pennsylvania, contact L.
Anthony Bompiani, Esquire at (724) 925-9600.
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| May 22, 2009 |
| Major Change in Child Custody Law Proposed in House Bill 463 |
| Posted By L. Anthony Bompiani, Esquire |
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Representative Robert E. Belfanti, Jr. (D) of the 107th Legislative District of Pennsylvania (Montour County and part of Northumberland County), is the prime sponsor of House Bill 463. The bill, if passed could have a major impact on child custody cases in Pennsylvania as an amendment to Section 5303 of Title 23.
The new law would require that "An order for joint custody shall be
awarded by the court unless the court finds that joint custody is not
in the best interest of the child." Furthermore, the law would
establish a "rebuttable presumption that an award of joint custody is
in the best interest of the child." It also would require the court to
"state on record the reason for any award other than an award of joint
custody."
The way the law stands now, there is no such presumption. In fact, an
order for joint custody (50/50 physical custody) is rarely entered
without a fight.
How do you feel about PA HB 463? Leave your comments and thoughts. More importantly, you should contact your local representative to voice your opinions.
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| May 15, 2009 |
| Gay and Straight Partners of State Employees to Cash in on Benefits |
| Posted By L. Anthony Bompiani, Esquire |
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Starting
July 1, 2009, unmarried gay or straight partners of state workers will
qualify for medical, prescription-drug, dental and vision coverage.
The move, of course, stirred up political arguments and debates. Gay
and lesbian rights supporters believe it represents a solid step toward
fairness for everyone. Social conservatives feel that Governor Rendell
is imposing liberal, big-city values on the entire state without public
input.
To qualify as a domestic partner under the new law, state employees
must show proof of three factors from a list that includes joint
ownership of a home, joint title to a car, the same addresses on
driver's licenses or a shared bank account.
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