Articles by Our Attorneys

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 documents or answers to questions in writing or orally. Discovery is usually requested from the opposing party but can be requested from non-parties as well. The scheduling order will usually set a deadline when discovery must be completed, and can prohibit discovery outside the timeframe set forth in the scheduling order.

Similarly, many scheduling orders require each side to provide copies of exhibits to the other side in advance of trial. Exhibits not provided in accordance with the scheduling order may not be admitted as evidence, even if they would otherwise be admissible. It is very helpful to have a knowledgeable family law attorney assist you after a Judge has issued a scheduling order. A knowledgeable family law attorney can work with you to seek information through discovery that will help prepare the case for trial or foster settlement. Similarly, a knowledgeable attorney can determine which documents will be admissible at trial, and if so, under what conditions, and select exhibits that will present your case in a persuasive manner.

At MacElree Harvey, Ltd., we have knowledgeable, experienced attorneys practicing exclusively in the area of family law, who have handled numerous cases with scheduling orders. We would be happy to assist with your matter as well.

Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.

It’s 2 a.m. and you are wide awake, stewing. Today your new neighbor had your shared boundary line surveyed – from the look of the metal pins, your neighbor is claiming about two feet of land you’ve always understood to be your property. You feel the urge to get out of bed, march out there and rip out all of the survey pins – why should you make it easy for him to try and take part of your property?

What do you do?

While removing the survey pins might give you instant gratification, it is also illegal. Under the Pennsylvania Crimes Code section titled “Destruction of a survey monument” – sandwiched between more exciting-sounding sections titled “Ecoterrorism” and “Illegal dumping of methamphetamine waste” – it is a summary offense to intentionally remove, destroy, or otherwise interfere with a permanent survey monument such as a pin that was placed by a professional land surveyor. That is just if you had no additional motive for your intentional act. If it is determined that you removed or interfered with a permanent survey monument in order to call a boundary line into question, this could earn you a second-degree misdemeanor.

The potential penalties and costs for removing or interfering with survey monuments are stiff. In addition to whatever criminal penalty is imposed for the offense itself, the Crimes Code also provides that you are liable to your neighbor for the cost of re-establishing the survey monuments by the surveyor. Worse still, the Crimes Code provides that you are liable for “all reasonable attorney fees” – if you think it is expensive to pay your own attorney, just wait until you are also paying for your neighbor’s attorney.

If prosecuted under this section of the Crimes Code, you may argue the affirmative defense that the survey monuments were “improperly placed” by the surveyor. However, it is almost certainly not worth removing the monuments thinking that you will succeed on this defense. First, the surveyor may of course be correct in their placement of the monuments. Second, it is easier and far less expensive to simply not remove the monuments in the first place and, therefore, not be in a position where you are defending against a criminal prosecution while at the same time engaged in a civil action that may need to be filed in order to resolve the underlying boundary line dispute.

So, let’s go back to you stewing in bed at 2 a.m. Instead of marching outside to take out the survey monuments, take a deep breath. Then, once you get some sleep, call a land use attorney. Depending on the circumstances, the attorney may advise you to start by hiring a licensed surveyor to perform your own survey. A civil action may ultimately be necessary to resolve the boundary line if you and your neighbor cannot reach an agreement. However, at least you will not be also be defending against a criminal prosecution for a decision you made while sleep-deprived at 2 a.m.

If you have questions about your rights concerning your property lines or other land use or zoning issues, you may contact Matthew McKeon at [email protected], or by telephone at 610-840-0225. This article provides a general overview of the law. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.

A quickly emerging topic in the divorce world is how divorcing couples deal with cryptocurrency in equitable distribution. When dividing their marital estate, divorcing couples must value assets like cars, houses, businesses, and other personal property. Given the rise in popularity and sheer value of some cryptocurrencies, these digital assets should be examined and considered like any other more “traditional” asset in equitable distribution. Cryptocurrency provides unique challenges to divorcing parties, lawyers, and courts with respect to locating, valuing, and ultimately dividing cryptocurrency when couples split.

Cryptocurrency, in a very broad sense, is a digital form of currency that is not held in or insured by any physical bank. Some better known examples of cryptocurrency include Bitcoin and Ethereum. Cryptocurrency is a relatively new form of currency that is not widely understood, hardly regulated by the government, and does not exist in physical form.

One challenge cryptocurrency poses in divorce is that it may be hard for one spouse to even know that the other spouse owns cryptocurrency, let alone know where their spouse is holding the cryptocurrency in its digital form, or what their spouse’s cryptocurrency is worth. There are ways to track cryptocurrency transactions, but the more traditional ways of monitoring financial transactions like bank statements, ledgers, or bank account numbers will be of little use.

Another difficulty cryptocurrency poses in equitable distribution is determining the value of these digital assets. Cryptocurrencies are notoriously volatile and can gain and lose value rapidly on any given day. Like certain stocks, this makes it even more important that divorcing parties know at what point in time assets like cryptocurrency will be valued for equitable distribution purposes.

Cryptocurrency is a new, cutting edge form of digital commerce and requires attention and skill to handle in a divorce/equitable distribution situation.

If you have questions about your divorce involving cryptocurrency or other digital assets, call Brian directly at 610-840-0221 or via email at [email protected].

Parents often ask whether their child has a say in determining custody. In Delaware, the wishes of the child are one of eight factors the Judge must consider in determining custody. In custody cases involving very young children, the wishes of a child are rarely significant. Instead of testifying like any other witness, children are interviewed by the Judge outside the presence of the parents. The Judge ultimately determines whether to interview the child, and if interviewed, what to ask.

As children age, their wishes are generally given more weight. What weight is given depends upon the age and maturity of the child, the reason for any preference in custody, whether and to what extent a parent has attempted to unduly influence the child’s preference, and other factors. There is no magic age where a child’s wishes are dispositive in determining custody. If a child is available to be interviewed, parents can testify to statements the children have made so long as reasonable notice of the statement is provided to the other parent in advance. The child interview is recorded, is part of the Court record, and can be listened to after the interview.

Parents with questions regarding the impact of their children’s wishes on custody should contact one of our attorneys. We are experienced in assisting parents in all types of custody cases, including those where children are interviewed.

Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.

Grey divorce refers to the societal phenomenon of couples divorcing after mid-life. Although overall divorce rates are currently steady, if not decreasing, divorce among the population greater than fifty years of age continues to increase year over year.

In 2004, the American Association for Retired Persons (AARP) released a groundbreaking study on divorce titled The Divorce Experience: A Study of Divorce at Midlife and Beyond. The study took a deep dive into the circumstances and impacts on men and women divorcing as midlifers and older adults. In the subsequent years, more research, including the tracking of rates and trends, has been conducted by government agencies such as the U.S. Census Bureau and the Centers for Disease Control. Of the various age groups tracked, those aged 55-64 are far outpacing any other group in terms of overall divorce rate. This age group has seen its rate triple since the data was first tracked in the late 1990s. This phenomenon has coined several nicknames such as “silver splits” and “diamond divorces” but it is most commonly referred to as grey divorce.

Divorce among this population requires a careful analysis of the facts and circumstances at hand as the individuals involved are either at, or have just completed, their highest earning years, and are on the path toward retirement – meaning whatever monies are distributed, are not likely to be easily replaced. Grey divorces often require in-depth consideration of factors surrounding the liquidity and tax implications of investment and retirement accounts, the valuation of business interests and tangible property such as jewelry, fine art, and car collections. Securing income streams to guarantee a comfortable retirement is also of utmost importance.

The process also doesn’t end upon the issuance of the divorce decree. Careful attention to detail must be paid on the back end of the divorce process such as: ensuring accuracy and updating of estate planning documentation, designation of retirement and life insurance beneficiaries, and the finalization through transference and assignment of financial accounts.

Most importantly, a client needs a knowledgeable and experienced family law attorney to navigate them through the uncertain of divorce. For more information on Grey Divorce, or if you are interested in filing for or have been served with a divorce action, contact Michael Rovito at (610) 840-0241 or [email protected] to schedule a consultation.