Friday, May 17, 2013
Q: A guy in my neighborhood simply will not leave me alone. Every day, he goes out of his way to aggravate me, and I have had it. Can I sue him for harassment?
When faced with a pest in their lives, we have all heard people throw up their hands in exasperation and say, “I should sue for harassment!” But Pennsylvania law does not provide a legal remedy for ordinary aggravation, which is a part of living in a complex and populous society. That is, you cannot sue someone just because he is a jerk. Pennsylvania law does, however, prohibit criminal harassment. A person commits the crime of harassment when he engages in specific conduct with the intent to harass, annoy or alarm a person. Harassing conduct includes hitting, touching, or threatening to hit or touch someone, following someone around in public, engaging in repeated conduct that serves no legitimate purpose, communicating lewd, …
Friday, April 26, 2013
Q: My spouse and I are considering a divorce, and we have kids. How should we approach the subject of child custody, and what happens if we have to go to court?
Divorcing parents can resolve child custody issues in one of two ways: between each other by agreement, or in court. Generally, provided both parents are capable of civilly and rationally negotiating with each other, agreeing out of court is much cheaper and less stressful than litigating a child custody dispute. Parents who can agree to custody matters outside of court should not, however, rely on an informal agreement. Rather, they should negotiate and sign a detailed, written child custody agreement with the help of legal counsel. Often, negotiating custody outside of court is not possible, and one or both parents will need to petition the court for custody. When asked to resolve custody matters, courts are guided by the best …
Friday, April 19, 2013
Q: I am stuck in an abusive situation and I have had enough. How can I take action to protect myself, and hold my abuser accountable?
Depending on your circumstances, you may be able to seek a Protection from Abuse Order, or PFA, from the local courts. A PFA, which is also commonly referred to as a restraining order, makes it a criminally punishable offense for an abuser to continue their abuse, harass or even contact you. It puts an abuser on notice that there will be serious consequences if they do not stay away from you. A court’s decision to issue a PFA depends on the relationship of the alleged abuser to the victim, and on the nature of the alleged abuse. The law is designed to protect children and victims who suffer abuse at the hands of people who are, or once were close to them. Thus, spouses, ex-spouses, family members, current or past romantic partners, or …
Friday, April 5, 2013
Q: How can I get my marriage annulled, and how is that different from a divorce?
Whereas divorce is the procedure for ending a valid marriage, an annulment ends a marriage that is legally invalid. In Pennsylvania, marriages must meet certain requirements to be legal. For example, neither spouse may already be married to another person at the time of marriage, spouses cannot be closely related to one another, and each spouse must have the mental ability to consent to marry. When such requirements are not satisfied, the resulting marriage may eventually be subject to an annulment. Pennsylvania law divides invalid marriages into two categories: void marriages, and voidable marriages. Void marriages are invalid from the start, and the law treats them as if they never existed at all. By contrast, the law recognizes …
Friday, March 22, 2013
Q: For years, I have filled the role of a parent to my stepchild, and I would like that relationship to be legally recognized. How do I go about adopting my stepchild, as a stepparent?
Adoption can be a lengthy and stressful process for hopeful parents-to-be. This can also be true for stepparents, but fortunately they have fewer bureaucratic obstacles to overcome when adopting their stepchildren. Regardless, stepparent adoption is not a process to be undertaken lightly, and anyone considering adoption should consult an attorney. Ordinarily, hopeful adoptive parents must undergo an assessment that documents their fitness and ability to care for a child. Then, they must file a report of intention to adopt with the court that details their financial and life circumstances, as well as the details of the child to be adopted. After that, adoptive parents-to-be can finally file a petition for adoption to start the actual …
Friday, March 15, 2013
Q: I’m looking to file bankruptcy, but I don’t know the difference between Chapter 7 and Chapter 13. What’s the better option?
A: There are several reasons why filing bankruptcy may be the answer to your debt problems. There are two main types of personal bankruptcy—Chapter 7 and Chapter 13. Each one has its own place where it makes sense for you based on your circumstances. Typically a Chapter 7 bankruptcy can be much better for most people than Chapter 13 bankruptcy. Chapter 7 is usually quicker than Chapter 13, many people can keep all or most of their property, and you don’t have to pay back a portion of your debts, like in Chapter 13. But not everyone qualifies for Chapter 7 bankruptcy—there are limits on income and assets that you need to check before filing. A typical Chapter 7 bankruptcy case is opened and closed within three to six months, and the person …
Friday, March 8, 2013
Q: My neighbors are driving me crazy with their unreasonable behavior. Can I sue them for being a nuisance?
Under Pennsylvania and general common law, everyone has a right to enjoy their property. If someone interferes with your ability to enjoy that property, whether directly by trespassing on your property, or indirectly by other means, you may have a legal basis to sue. The law of nuisance deals with indirect interferences with your ability to enjoy the use of your property. That is, if your neighbor continually listens to extremely loud music at late hours, he is technically not doing anything wrong. After all, like you, he has a right to enjoy the use of his own property. But although what he is doing is not, in itself, wrong, it is arguably producing effects that are felt on your property, and that prevent you from enjoying your …
Friday, February 22, 2013
Q: I keep hearing how important it is that I have a living will. What is a living will, and why should I have one?
A living will is a legal document that addresses what many people consider a nightmare scenario: being terminally ill and too unwell to be incapable of making one’s own medical decisions. Living wills consist of two parts. The meat of a living will is contained in an advanced medical directive that spells out what medical care you want if you are terminally ill and unable to make your own medical decisions. Additionally, a living will contains a medical power of attorney that grants someone you trust the power to make medical decisions on your behalf if you cannot make them yourself. In the advanced medical directive portion of the living will, patients specifically list what life-prolonging medical treatment, if any, they might want if …
Friday, February 15, 2013
Q: My spouse and I have been discussing the possibility of divorce, but I am worried because we have a good deal of shared property. How do we divide everything if, in fact, we follow through with the divorce?
It is almost always simplest and cheapest for divorcing spouses to divide their marital property by negotiating and signing a marital settlement agreement, ideally with the help of a skilled divorce attorney. Some couples, however, are unable to come to terms amidst the often emotional backdrop of a pending divorce. For these couples, there is a process overseen by the courts known as equitable distribution. Equitable distribution means a court-ordered division of marital property according to whatever the court decides is fair and just under the circumstances. Courts have broad discretion in deciding which spouse gets what property, and each side must present evidence to establish why they should receive what property they want. …
Friday, January 18, 2013
Q: A close relative recently died. I know that there are legal requirements for dealing with my deceased relative’s property and debts, but I have no idea how to proceed. What does my family need to do to get through this stressful process?
When a person dies, all of his property must be divided among his heirs or beneficiaries, and his debts must be satisfied. Taken together, all of a person’s assets and debts are known as his estate after the time of his death, and that person is referred to as the decedent. The legal process known as “probate” provides the mechanism for dealing with a decedent’s estate. Every estate has one or more personal representatives who work through the probate process, ideally with the assistance of a lawyer. If the decedent had a will, then it should name one or more person as an executor who acts as this personal representative. If there is no will, then all of the decedent’s heirs as defined by Pennsylvania law have the right to be …
