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Centreville, DE
Centreville, DE

5721 Kennett Pike
Wilmington, DE 19807
302-654-4454

Hockessin, DE
Hockessin, DE

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Hockessin, DE 19707
302-239-3700

Kennett Square, PA
Kennett Square, PA

211 East State Street
Kennett Square, PA 19348
610-444-3180

West Chester, PA
West Chester, PA

17 West Miner Street
West Chester, PA 19382
610-436-0100

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MacElree Harvey Offices
Home > Articles by Our Attorneys

Articles by Our Attorneys

PENNSYLVANIA EMPLOYMENT DISCRIMINATION CLAIMS: Why Federal Courts are the Venue of Choice and Why that Could Change in the Near Future

Posted May 9, 2022

By: Felix S. Yelin, Esquire and Jeffrey P. Burke, Esquire Why are employment discrimination claims based on Pennsylvania state law primarily filed in federal court? This counter-intuitive practice arises from how Pennsylvania appellate and federal courts have interpreted the Commonwealth’s civil rights law, specifically with respect to the availability of a right to a trial […]

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I Have Custody of My Grandchild. Am I Entitled to Child Support?

Posted May 4, 2022

By: Ashley B. Stitzer, Esquire In today’s world, the traditional family structure continues to change and now takes many different forms.  Unfortunately, many grandparents have been faced with becoming the primary custodian of their grandchildren when parents become unavailable to raise their children due to mental health, addiction, abuse, incarceration or other issues. Grandparents are […]

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Is Private School Allocated in Child Support?

Posted May 4, 2022

Private school tuition can be allocated in child support cases if certain criteria are met. First, the Court will determine whether the parents have adequate financial resources. As a general matter, parents have less disposable income after divorce. This is because many costs, such as housing, utilities, and groceries now must be duplicated. Just because […]

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Is Delaware a No-Fault State?

Posted May 3, 2022

Yes. Divorce can be granted on fault and no fault grounds, and property division and alimony are determined without regard to marital misconduct. While divorce can be granted on fault grounds, such as adultery, most divorces are granted on no fault grounds, such as the marriage being irretrievably broken and 6 months of separation. Delaware’s […]

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You’re Developing Your Property but Your Municipality Announces Zoning Changes. Now What?

Posted May 2, 2022

Your engineer calls you as you’re standing over two alternative site plans one afternoon, deciding which you want to submit to the municipality for your project. Your engineer tells you that the municipality is planning to change its zoning ordinance and map in a way that will not permit your project. However, your project is […]

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Employment Law Update April 2022

Posted April 29, 2022

Developments in the employment world happened in April that could impact everything from mandatory employee onboarding documents to the price of your favorite cup of coffee.  Read about a few of them below. Employers should be Aware of Significant Changes are Coming for the Form I-9 The Form I-9, an HR onboarding document used to […]

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What Are The Delaware Standard Contact Guidelines?

Posted April 19, 2022

By: Patrick J. Boyer, Esq. The Standard Contact Guidelines are guidelines that suggest provisions for contact, holidays, extracurricular activities, and incidental issues related to custody.  The guidelines are just that—guidelines—based upon assumptions that both parents are able and fit to care for the child.  Second, the guidelines are not legally binding, nor do they create a presumption of shared custody.  If your custody case goes to […]

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How Does a Child’s Marriage Affect the Custody/Support of Said Child in PA?

Posted April 11, 2022

In May of 2020, Pennsylvania became the third state to outlaw the marriage of a minor (under the age of 18) in any circumstances. It joined Delaware and New Jersey in banning this practice. As of the date of this article there are only six states that have banned the practice, Delaware, New Jersey, Pennsylvania, […]

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What is an Ex Parte Order?

Posted April 6, 2022

An ex parte order is an emergency order issued upon the application of one party before the other party is afforded a chance to respond. Because these orders are only issued in emergencies without the Court hearing from both parties, the movant must demonstrate the likelihood of immediate and irreparable harm in the absence of […]

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What is a Scheduling Order?

Posted April 1, 2022

A scheduling order is an order issued by a Judge before trial that sets deadlines on when certain events in a case must occur. Often the most significant deadlines concern discovery and exchange of trial exhibits. Discovery is the process where a party can formally request information that is relevant to the case, such as […]

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