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3 Dos and 3 Don’ts of Divorce

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Do keep good financial records

In a divorce case, parties are typically required to complete a financial disclosure form listing all income, assets, debts, and expenses. Additionally, parties often must provide financial records spanning several years before the divorce. Maintaining organized financial documentation and producing it on time will help you reduce legal fees, enable you and your divorce attorney to better negotiate a divorce settlement, and, if necessary, be better prepared for divorce court or trial proceedings.

Do communicate clearly, concisely, and respectfully with your ex

Your written communication will be scrutinized in child custody cases. Important matters related to co-parenting, such as child exchanges, activities, and school events, need to be discussed and confirmed. Communicating clearly, concisely, and respectfully will help resolve custody disputes, avoid unnecessary arguments, and present yourself favorably to Family Court judges.

Do take care of yourself

Divorce and separation are stressful processes. Don’t make it harder by neglecting your physical, emotional, and mental health. Your well-being can be considered in any contested custody case. Make sure to prioritize self-care, therapy if needed, and maintaining a healthy routine.

Don’t sign anything without seeking legal counsel

Once signed, agreements are legally enforceable—whether they are fair or unfavorable. Always consult a family law attorney to understand your legal rights before signing any documents related to child custody, alimony, property division, or financial settlements.

Don’t move out of the family home without considering the consequences

Moving out can result in paying expenses for two households and may impact your standing in custody disputes. Speak with your attorney before making any major decisions about property or living arrangements.

Don’t engage in heated arguments with your ex

Confrontations can lead to your ex filing a Protection from Abuse (PFA) petition, which may result in serious consequences such as removal from your home, temporary custody being granted to your ex, or court-ordered child support and spousal support (alimony).

Author 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.

Dying Without a Will: The State Decides Who Gets Your Assets, Not You 

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When a person dies without a will in Pennsylvania, their estate is distributed according to the state’s intestate succession laws. These laws determine the order of inheritance and how assets are allocated among surviving relatives. Understanding these rules is crucial for those navigating the probate process without a will. 

Intestate Succession Laws in Pennsylvania 

Intestate succession laws in Pennsylvania are designed to distribute a decedent’s assets to their closest relatives. The distribution process is governed by the Pennsylvania Probate, Estates and Fiduciaries Code. The primary goal is to ensure that the decedent’s property is passed on to their family members in a fair and orderly manner. 

Order of Inheritance 

  1. Surviving Spouse: 
  • If the decedent is survived by a spouse and no descendants or parents, the spouse inherits the entire estate. 
  • If the decedent is survived by a spouse and descendants (all of whom are also descendants of the surviving spouse), the spouse inherits the first $30,000 of the estate, plus one-half of the remaining estate. The descendants inherit the other half. 
  • If the decedent is survived by a spouse and descendants (some of whom are not descendants of the surviving spouse), the spouse inherits one-half of the estate, and the descendants inherit the other half. 
  • If the decedent is survived by a spouse and parents (but no descendants), the spouse inherits the first $30,000 of the estate, plus one-half of the remaining estate. The parents inherit the other half. 
  1. Descendants: 
  • If there is no surviving spouse, the entire estate is distributed to the decedent’s descendants, per stirpes. This means that the estate is divided equally among the decedent’s children, with the share of any deceased child passing to their own descendants. 
  1. Parents: 
  • If there are no surviving spouse or descendants, the estate is inherited by the decedent’s parents. 
  1. Siblings and Their Descendants: 
  • If there are no surviving spouse, descendants, or parents, the estate is distributed to the decedent’s siblings and their descendants. 
  1. Grandparents and Their Descendants: 
  • If none of the above relatives survive, the estate is divided equally between the paternal and maternal grandparents or their descendants. 
  1. Commonwealth of Pennsylvania: 
  • If no relatives can be found, the estate escheats to the Commonwealth of Pennsylvania. 

Legal Considerations 

  • Adopted Children: Adopted children are treated as biological children for the purposes of intestate succession. 
  • Half-Relatives: Half-relatives inherit as if they were whole relatives. 
  • Posthumous Relatives: Relatives conceived before but born after the decedent’s death are considered in the distribution. 
  • Advancements: Any property given to an heir during the decedent’s lifetime may be considered an advancement against their share of the estate, reducing their inheritance accordingly. 

Conclusion 

Understanding Pennsylvania’s intestate succession laws is essential for those dealing with the estate of a loved one who died without a will. These laws ensure that the decedent’s assets are distributed to their closest relatives in a structured manner. For those seeking to avoid intestate succession, creating a will is a proactive step to ensure that one’s wishes are honored after death. Legal advice from an estate planning attorney can provide further guidance tailored to individual circumstances. 

How to Protect Your Assets During Divorce

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In divorce cases, it is difficult to protect assets. Property acquired during the marriage, regardless of title, is generally subject to equitable distribution in divorce cases. However, spouses are not powerless in protecting their marital and non-marital assets.

First, spouses can sign a pre-nuptial agreement (also known as a prenuptial contract or premarital agreement) prior to marriage. Through a pre-nuptial agreement, a spouse by contract can opt out of the default divorce laws, including those regarding the classification of marital property, spousal support, and/or alimony. A pre-nuptial agreement can also waive an elective share, which is a state-mandated award of property to the surviving spouse from the decedent spouse’s estate. These agreements are especially important for high net worth individuals or those entering a second marriage.

Second, if an asset was acquired through a non-marital source such as a gift, inheritance, or exchange of non-marital property, a spouse seeking to protect those assets should keep them separate from jointly titled assets and other marital assets. This is because commingling an otherwise non-marital asset with marital assets will cause the non-marital asset to be reclassified as marital and thereby subject to division during divorce proceedings.

Third is to document the origin and source of the assets. Parties in divorce cases are often required to document their financial accounts, real estate holdings, business interests, and debts. Poor documentation can lead a Court to draw adverse inferences, and the burden of proving that an asset is non-marital typically falls on the party who holds the asset. Proper documentation is critical in family law litigation, especially in complex divorce and asset division cases.

At MacElree Harvey, we have helped countless spouses and spouses-to-be protect their assets before, during, and after divorce. If you have questions about how we can help you with asset protection, estate planning, or family law matters, please contact us.

Contact Patrick J. Boyer
Family Law Attorney | MacElree Harvey
Direct: 302‑504‑7294

The Necessity of Special Needs Trusts

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Planning for the future of a loved one with a disability can be emotionally and legally complex. For families navigating government benefits like Supplemental Security Income (SSI) and Medicaid, even a well-meaning financial gift or inheritance can unintentionally jeopardize access to critical support. One powerful tool to protect both benefits and quality of life is the Special Needs Trust (SNT). This article explores what Special Needs Trusts are, how they work, and why they are an essential part of long-term planning for individuals with disabilities. 

The Necessity of Special Needs Trusts 

Consider the case of a young woman, Jane, who has a developmental disability. Jane’s mother has died and left an inheritance for Jane. Without a Special Needs Trust, nearly any level of inheritance would likely disqualify Jane from receiving Medicaid and SSI, leading to a loss of essential services and support. Instead of receiving these governmental support services, Jane’s inheritance, which she likely will have a challenge managing herself, will need to be used to pay for the same services that she already was receiving. Additionally, when that inheritance is used up, Jane will have to go through all of the long and invasive steps that she had already gone through, to get back to receiving governmental support.  

However, Jane’s mother, by executing the proper documents before her death to direct that Jane’s inheritance go into an SNT, the Jane can continue to receive government benefits while using the trust funds for additional needs, such as specialized therapies, adaptive equipment, education, housing, etc. 

Definition and Purpose of Special Needs Trusts 

A Special Needs Trust (SNT) is a legal document for the benefit of individuals with disabilities, used to manage and protect assets. The primary purpose of an SNT is to ensure that individuals with special needs can maintain their eligibility for government benefits, such as Supplemental Security Income (SSI) and Medicaid, while also having access to additional resources that can enhance their quality of life. 

Benefits of Establishing a Special Needs Trust 

Establishing a Special Needs Trust offers numerous benefits individuals with disabilities.  

  1. It provides financial security by safeguarding assets that can be used for the beneficiary’s supplemental needs, such as medical care, education, and recreational activities. 
  1. It allows family members and other benefactors to contribute to the trust without jeopardizing the beneficiary’s eligibility for essential government programs.  
  1. Lastly, an SNT can be tailored to meet the specific needs and circumstances of the beneficiary, offering flexibility and peace of mind to families. 

How Special Needs Trusts Protect Eligibility for Government Benefits 

One of the critical functions of a Special Needs Trust is to protect the beneficiary’s eligibility for government benefits. By placing assets in an SNT, these resources are not considered when determining eligibility for means-tested programs like SSI and Medicaid. This protection ensures that the beneficiary can continue to receive vital support from these programs while also benefiting from the trust’s resources for additional needs. 

Key Considerations When Setting Up a Special Needs Trust 

When setting up a Special Needs Trust, several key considerations must be taken into account. It is essential to choose a knowledgeable trustee who understands the complexities of managing an SNT and the beneficiary’s unique needs. Additionally, the trust must be carefully drafted to comply with federal and state regulations to ensure it effectively protects the beneficiary’s eligibility for government benefits. Consulting with an attorney experienced in special needs planning is crucial to navigate these legal intricacies. 

Legal and Financial Implications of Special Needs Trusts 

The establishment of a Special Needs Trust carries significant legal and financial implications. Legally, the trust must be structured to comply with applicable laws to ensure its validity and effectiveness. Financially, the trust must be managed prudently to meet the beneficiary’s needs over their lifetime. This requires careful investment strategies and regular reviews to adapt to changing circumstances. Engaging professionals with expertise in trust management and special needs planning is essential to address these implications effectively. 

Conclusion 

Special Needs Trusts are a vital tool in planning for the future of individuals with disabilities. They offer a means to provide financial security and enhance the quality of life for beneficiaries while preserving their eligibility for essential government benefits. Proper planning and the establishment of an SNT can alleviate the financial and emotional burdens on families, ensuring that individuals with special needs receive the support and resources they require. As such, it is imperative for families to consider the benefits of Special Needs Trusts and seek professional guidance to implement this crucial aspect of special needs planning. 

Jamison C. MacMain is part of MacElree Harvey’s Estate Planning Department, where he advises clients on wills, trusts, guardianships, and long-term planning strategies. He is passionate about helping families make informed, proactive decisions that safeguard both assets and quality of life for loved ones with disabilities. To learn more or schedule a consultation, please contact Jamison at [email protected]. 

Employment Law Update June 2025 

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In June 2025, a federal court ruling limits the EEOC’s former LGBTQ+ workplace guidance, the Third Circuit emphasizes stronger standards for religious accommodations in an Atlantic City beard ban case, and Philadelphia’s new POWER Act sets a bold precedent for local worker protections and employer accountability. Get the latest details in this month’s update.

Federal Court Strikes Key Portions of EEOC’s 2024 Guidance on Gender Identity and Sexual Orientation

The U.S. District Court for the Northern District of Texas recently ruled that key portions of the EEOC’s updated guidance on sexual orientation and gender identity under Title VII exceeded the agency’s authority. The court’s decision in Texas v. EEOC vacated sections of the guidance that defined “sex” to include sexual orientation and gender identity and that categorized issues like pronoun usage, dress codes, and bathroom access as sex-based harassment. Though issued by a Texas court, the ruling has national impact, barring enforcement of those vacated provisions.

The EEOC had relied on the Supreme Court’s 2020 decision in Bostock v. Clayton County, which held that Title VII prohibits discrimination based on sexual orientation or gender identity. However, the Texas court found that the EEOC went beyond Bostock, which did not address workplace policies on dress, bathrooms, or pronouns.

The ruling follows a January executive order from President Trump’s administration affirming a policy of recognizing only male and female sexes and rejecting gender identity as a legal concept. EEOC Commissioner Andrea Lucas, aligned with this view, has expressed support for rescinding the contested guidance, though the commission lacks the quorum needed to formally do so.

In response, the EEOC has labeled the vacated guidance portions on its website, while the rest of the 2024 guidance remains in effect. Employers are advised to proceed cautiously, recognizing that many state and local laws still protect LGBTQ+ workers, and that further legal challenges are likely. Employers are also encouraged to consider employee well-being and internal values when shaping antidiscrimination policies amid this legal uncertainty.

Third Circuit Revives Religious Bias Suit Over Beard Ban in Atlantic City Fire Department

A divided Third Circuit panel ruled that Atlantic City may have failed to properly accommodate a fire department worker’s religious beliefs, partially reviving a lawsuit brought by an air mask technician who was denied a beard exemption under the city’s grooming policy.

In Alexander Smith v. City of Atlantic City, et al., No. 23-3265, in the U.S. Court of Appeals for the Third Circuit, Smith, a Christian, requested permission to grow a beard, citing religious reasons – specifically, his belief that wearing a beard emulates Jesus and biblical prophets. The city denied his request, citing safety concerns that beards interfere with air mask seals. Smith was later suspended for 40 days after refusing to fight a fire during a tropical storm, claiming he lacked recent training.

The Court of Appeals upheld dismissal of Smith’s retaliation and equal protection claims but reinstated his Title VII failure-to-accommodate and First Amendment free exercise claims. The majority found the city may have been able to tailor its policy, such as reassigning Smith to non-firefighting duties or testing mask fit with a beard, without compromising safety.

The court also criticized the lower court for relying on the city’s “good faith” efforts, clarifying that such efforts do not excuse a Title VII violation.

The ruling allows Smith to pursue claims that the city failed to reasonably accommodate his religious beliefs and grants him temporary relief to grow his beard. The Third Circuit’s decision reinforces the stricter standard recently set by Groff v. DeJoy for religious accommodations under Title VII. The court made clear in Groff that employers must show a substantial hardship — not just minimal inconvenience — to deny a request. On the whole, the Third Circuit’s ruling reflects the growing expectation that employers take religious accommodation requests seriously and evaluate them with greater care.

Philadelphia Enacts POWER Act, Setting New Standard for Worker Protections

Philadelphia Mayor Cherelle Parker recently signed the Protect Our Workers, Enforce Rights (POWER) Act, after its unanimous passage by City Council earlier that month. Effective immediately, the law strengthens protections for over 750,000 workers and significantly increases employer accountability under local labor laws. The POWER Act amends Title 9 of the Philadelphia Code related to paid sick leave, wage theft, domestic worker protections, fair workweek law, victims of retaliation, and enforcement of worker protection ordinances.

The POWER Act applies to all employers within city limits and introduces stricter anti-retaliation rules, expanded enforcement authority, and new rights for employees. Key provisions include a rebuttable presumption of retaliation if adverse action is taken within 90 days of a worker engaging in protected activity, such as filing a complaint or opposing unlawful practices. The Act also provides strong protections for immigrant workers, enabling the Office of Worker Protections (OWP) to support applications for U and T visas or deferred action where appropriate.

For tipped employees, the POWER Act increases the paid sick leave rate by averaging wages across related service positions, as defined by the Pennsylvania Department of Labor & Industry. Employers must also maintain detailed records of hours worked and paid sick leave for at least three years, up from the previous two-year requirement.

The Act also allows workers to receive direct compensation for violations and empowers the OWP to impose civil penalties, conduct investigations, and even suspend business licenses for repeated violations. Employers with three or more violations will be listed in a public “bad actors” database.

For the first time, employees can file private civil lawsuits without first exhausting administrative remedies, provided they give written notice and a 15-day window to resolve the issue – unless the violation involves willful misconduct or retaliation.

Given the Act’s sweeping scope and immediate effect, Philadelphia employers must act quickly to ensure compliance. This includes reviewing workplace policies, updating payroll systems, maintaining detailed records, and carefully assessing any employment actions following protected worker activity. Noncompliance could result in fines, lawsuits, or business suspensions, making proactive compliance essential.


Jeff Burke is an attorney at MacElree Harvey, Ltd., working in the firm’s Employment and Litigation practice groups. Jeff counsels businesses and individuals on employment practices and policies, executive compensation, employee hiring and separation issues, non-competition and other restrictive covenants, wage and hour disputes, and other employment-related matters. Jeff represents businesses and individuals in employment litigation such as employment contract disputes, workforce classification audits, and discrimination claims based upon age, sex, race, religion, disability, sexual harassment, and hostile work environment. Jeff also practices in commercial litigation as well as counsels businesses on commercial contract matters. 

Can You Get Divorced If Your Spouse Refuses to Sign?

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It is possible to resolve almost any issue that arises during a divorce through an agreement between spouses. However, if couples were able to cooperate easily, they likely wouldn’t be seeking a divorce in the first place. While a spouse’s refusal to cooperate or refusal to sign divorce papers can delay the process, it cannot stop a divorce from proceeding in Delaware Family Court.

What Happens If Your Spouse Won’t Sign the Divorce Papers?

The first obstacle in an uncontested divorce becomes a contested divorce when one spouse refuses to sign. The process starts with serving the Petition for Divorce. If the other spouse does not voluntarily accept service, a process server will attempt to personally deliver the Petition. If those efforts fail, service by publication—usually on the Delaware Family Court’s website—is an option to move the case forward.

Can the Divorce Proceed Without Their Consent?

Yes. Once proper service is completed, the divorce case may proceed, and a Decree of Divorce can be granted even over a spouse’s objections. Under Delaware divorce law, spouses must be separated for six months and the marriage must be considered an irretrievable breakdown. Separation can occur even if both parties live in the same household—as long as they occupy separate bedrooms and no longer maintain a sexual relationship.

What If Your Spouse Ignores the Divorce Process?

After the Decree of Divorce is entered, the court will address any outstanding issues, including property division, alimony, and other economic relief, regardless of one party’s refusal to participate. If a spouse continues to be non-cooperative, the Family Court may impose legal consequences, including:

  • Sanctions
  • Awards of attorney’s fees
  • Adverse inferences
  • Default judgments

Bottom Line: You Can Still Get Divorced

In short, ignoring a divorce petition does not prevent the divorce from happening. If your spouse refuses to sign or participate, you still have legal options to move forward with the help of an experienced divorce attorney in Delaware.

Contact Patrick J. Boyer
Family Law Attorney | MacElree Harvey
Direct: 302‑504‑7294

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