People should be conscious of programs that indicate where they are (Find My Friends, FourSquare, “Check In” on Facebook, etc.) If you really do not want people to know where you are, then you should make sure these programs are closed.

When a child is adopted, unless it is a step-parent adoption, the rights of the biological parents are terminated. That would mean that Puck and Quinn, in the eyes of the Court, are no longer the parents of baby Elizabeth. In most instances, this is a two (2) step process. First, the parental rights of the child are terminated. Those rights can be terminated voluntarily or involuntarily. I would suspect that the biological parents’ rights would have been terminated by agreement, i.e. Quinn and Puck had each voluntarily agreed to have his or her parental rights terminated. Under Pennsylvania law, each parent would have to sign his or her own consent to termination of rights. After the hearing on the termination of parental rights, then there would be a hearing when Shelby would have adopted the child. As part of the adoption process, the Court’s order provides for the modification of the child’s birth certificate to reflect the adoptive parents as the child’s birth parents.

In some instances, the adoptive parents and the biological parents have what is sometimes referred to as an “open adoption.” In an open adoption, there is an agreement among the parties that the biological parents will continue to have contact with the child after the adoption. The frequency and nature of the contact is determined by the parties. It can run the gamut from an annual holiday card with a picture to actual partial physical custody. Such agreements were not always legally recognized by the courts in Pennsylvania. However, with the implementation of Act 101, which became effective on April 27, 2011, such agreements, now called “Post Adoption Contact Agreements” or PACAs, are enforceable and even modifiable by the Court.

The provisions of Act 101 include who can be a party to a PACA, how and when it can be enforced, and how and when it can be modified. Most importantly, it provides who is to be given notice of the right to enter into a PACA. So there is no misunderstanding, there is no right to enter into a Post Adoption Contact Agreement. However, the parties are to be given notice of their right to enter into a PACA. The adoptive parents can decide they do not want the child to have further contact with the birth parents. In turn, the birth parents can decide to withhold their consents to terminate rights. Whether or not there will be a PACA enabling the birth parents to have some contact with the child after the adoption will be the result of negotiation and/or mediation by the parties involved.

So, if this situation with Quinn, Puck, Shelby and the baby Elizabeth took place in Pennsylvania after the effective date of Act 101, unless there was a Post Adoptive Contact Agreement, Puck and Quinn would see the baby if and only if Shelby wanted such contact to take place. At any time, however, without a PACA, Shelby could decide that she no longer wants Puck or Quinn to see the child – and there would be nothing that they could do about it. If there were a PACA, if Shelby were not complying with the PACA, they could petition the Court to enforce the PACA. All they could get in seeking to enforce the PACA is an order directing Shelby to comply. They could not recover any monetary damages. They could not overturn the adoption. The question remains open, however, as to what the sanctions could be if Shelby failed to comply with the Court order directing her to comply with a PACA. If she could be held in contempt of court which could result in a fine or imprisonment. Still, the adoption would not be set aside.

In conclusion, while it makes for interesting television drama, despite her best intentions, Quinn is not going to be able to get her child back. Her rights have been terminated. Of course, I am not going to be the one to tell her. I don’t want to get slushied.

Many people don’t think about debt until they’re already going through divorce, but it could be more helpful to tie up these loose ends before the split is final. Once the divorce is final, you’ll have to go back to court if the spouse doesn’t abide by any repayment agreement the judge ordered. In the meantime, creditors will still come after you for any payments on accounts that include your name. Your credit standing will be affected if you don’t keep up your payments.

Make an Agreement

If you and your spouse are still on good terms before the divorce, you may be able to work out some type of payment plan between the two of you. Pull both credit reports and create a list of the debts that belong to both of you. List the amount of the debt and decide who’s responsible for the debt. Try to keep it friendly. If it turns into a fight or an argument, walk away from the situation and try to approach it later.

This is an exercise that either spouse can do alone, even if the other spouse doesn’t cooperate. Create a list of all the debts you know about and decide who’s responsible for the debt. Be fair. If it’s a debt you created, own up to it. You can try emailing the list to your soon-to-be ex to get their input.

Ideally, you can your spouse can agree on your debt responsibility. From there, take steps to get rid of any joint accounts by transferring the balance to an credit card with your own name, paying off the balance, consolidating, or refinancing the amount. The goal is to enter the divorce with each spouse’s name attached to only his or her own debt.

If you can’t come to an agreement with your spouse, get your attorney involved. Your spouse may be more willing to work with your attorney and if not, both spouses’ attorneys can try to work something out.

Joint Bankruptcy is an Option

If you ultimately cannot come to an agreement or the spouse can’t afford to pay for the debt they’re responsible for, consider filing joint divorce while the two of you are still married. Most of your unsecured debt can be discharged through bankruptcy and you can proceed with the divorce without the debt hanging over your head.

Bankruptcy does have its drawbacks. For one, you’ll have to pass a means test to file Chapter 7 bankruptcy, the one that discharges your unsecured debt. Bankruptcy also stays on your credit report for up to 10 years and can affect your ability to get new credit for several years. If your spouse is considering bankruptcy, it may be better to get on board. Creditors will hold you solely responsible for paying joint accounts if your spouse files bankruptcy alone.

In a perfect situation, you can take care of the debt before the debt. After the fact, it can be a lot messier, especially if your spouse doesn’t keep up with payments they’re supposed to make.

This guest post was written by Eliza Collins, who is a personal finance writer specializing in saving strategies, alternative income and debt relief options. You can read more of her articles at the debt settlement blog.

Nothing contained in this article is intended to substitute for legal advice. It is always in your best interest to consult with an attorney if you have any questions concerning divorce, bankruptcy, or related issues.

Not only can it appear callous to cash in on an emotionally trying and often devastating event but this also raises a whole slew of questions. What is the proper protocol? As Chiara Atik poses in her article, “Will ‘divorce rings’ catch on?”, does one spouse bend down on one knee, present the ring and ask his/her spouse to divorce them? Are both parties entitled to rings? Which party is required to pay for the ring/s? Can it/they be included in the settlement? The plaintiff requests alimony, child support and a 2 carat, princess cut, Cartier divorce ring.

And better yet, what does the ring indicate? Is it a celebration of newfound freedom or a warning beacon to indicate severe emotional baggage? Or just a new way for women (and men) to compete with one another? Suzie only got a 1 carat ring from Jeff but I made Bob buy me a 3 carat ring from Tiffany’s…

On the other hand, maybe the jewelry industry is on to something…I mean, wouldn’t the concept of impending jewelry help to take the sting out of a crumbling marriage? I can just hear it now, “he may have fathered a child with his secretary but he’s going to buy me one huge divorce ring”. In fact, jewelers should take it one step further and add it to the bridal set. No longer are the engagement ring and wedding band enough; the bridal set of the future has become a trio.

This post was prepared by Christina Glaser, a 1L at Rutgers Law School.

As the article indicates, the laws in states vary in how divorce and property division are handled. Pennsylvania is an equitable distribution state. States will also vary as to how marital property is defined, i.e. what things are statutorily included and excluded from a marital estate. It is important to consult an attorney in your area if you have any specific questions.

Please feel free to post any comments about this piece and let me know if you are interested in posting your own family-law related article.

- Mike
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How to handle divorce and property division

Any kind of court cases are complex matters and when it comes to divorce, it becomes all the more complex as there are several rules in regards to both the spouses and these laws again vary according to the states. Even various things are included into the divorce case and also the debts. So, it may be best for both of you to become debt free before you can actually file a divorce cases otherwise, it can make matters more complex.

Divorce and property division

In order to handle your divorce case easily, it is best for you to take the advice of a divorce lawyers. In addition to that, you will have to understand the different divorce laws of the state you are in:

1. Equitable distribution – There are mainly two types of states in regards to the divorce laws. In one type, there is equitable or rather fair distribution of money and any type of property. In another, the community property states, there is equal distribution of money and property between the spouses.

2. Community property states – As said, in the community property states, the property is divided equally. The different community property states are Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and Puerto Rico. In these states, both of you are going to get equal property distribution. In the similar fashion, you can also be help responsible for paying debt incurred buy or spouse. Thus, it becomes really important for you and your spouse to become debt free from the beginning. For more information on paying off your debts, feel free to visit Debt Consolidation Care.

3. Separate property – Separate property are those which has been acquired before marriage. For example the gifts, court awards, any inherited property, and also any kind of pension proceeds. Any of the property which is acquired as separate property remains separate. However, there are some separate property’s too that can become a community property, such as any business that you had started before marriage but has been sustained by the marriage.

4. Co-signed debts – You may be held responsible for any co-signed debts and nay co-signed savings accounts or certificate of deposits. So, you need to look into such matters before you file for divorce.

So, the best ways in which you can go through a property divorce is, understanding the whole divorce process. Divorce is itself a painful process and it creates stress in your life. So to avoid making the whole thing more bitter, it is important for you to follow the right steps.

Jason Holmes is a regular financial writer associated with the Debt Consolidation Care Community and is a contributory writer with various other financial sites. His expertise is mainly on the different aspects of the debt industry. He has also written different e-books through which he tries to impart simple solutions to help people get out of debt.

These students are ending one chapter of their lives (high school) and have big plans for the next chapter (college life). Pennsylvania law, however, provides that a parent’s obligation to support that child ends on the later of the child’s 18th birthday or graduation from high school. Many parents who have children graduating high school this year have already petitioned the Court for an adjustment, if not a termination, of his or her child support obligation. So while the Divorce Saloon article notes what transpires in New York, none of that would apply in Pennsylvania.

While an effort was made several years ago to provide by statute an obligation for parents to support their children through the payment of college tuition and related expenses, that statue was struck down as being in violation of the Equal Protection clause of the Pennsylvania Constitution. The law obligated parents who were divorced, separated, or never married to pay for college, but it did not obligate children of intact families. So, parents were being treated differently based on their marital status.

Until the Pennsylvania legislature crafts a statute that would apply to all parents that passes Constitutional muster, those high school seniors can not readily obtain financial support from either parent to help pay for college.

From: Hon-Kwang Electric Co Ltd
Subject: RE:LEGAL CONSULTATION .07.Dec.2010
Reply-to: soscomp@windowslive.com
[OKAY, HON-KWANG ELECTRIC CO LTD APPEARS TO BE AN ACTUAL BUSINESS; however, going to "honkang.com" send you to this site]

Hon-Kwang Electric Co.,Ltd
Address: 10, Alley 5, Lane 89,
Sec 3 Nanjing E. Rd, Taipei, Taiwan 104.
[THAT IS THE ACTUAL ADDRESS FOR THE TAI PEI OFFICE FOR HON-KWANG ELECTRIC CO., LTD.]

This is an official requisition for your legal consultation services on behalf of Hon-Kwang Electric Co., Ltd. [SO, DO THEY REALIZE THAT ALL I DO IS DOMESTIC RELATIONS/FAMILY LAW?]

We are based in Taiwan and our principal activity is manufacturing of of specialize in high-density adapter, power transformer, power cords, power plug, ac adaptor, electronic ballast, metal part, stamped metal part etc.Other activities include constructing,leasing and selling residential and commercial buildings and provision of investment services. [NONE OF THESE SERVICES RELATE TO FAMILY LAW]

We are presently incapacitated due to our delinquent customers and we request for your services accordingly. [STILL NOT RELEVANT TO MY PRACTICE!]

We got your contact through the International Bar Association and after going through your profile, we are of the convinced that you are qualified to provide the legal services we require. [THERE IS AN INTERNATIONAL BAR ASSOCIATION, WHICH IS "THE WORLD'S LEADING ORGANIZATION OF INTERNATIONAL LEGAL PRACTITIONERS, BAR ASSOCIATIONS AND LAW SOCIETIES" ACCORDING TO ITS WEBSITE. HOWEVER, I AM NOT A MEMBER, ONLY MEMBERS HAVE PROFILES, AND ONLY MEMBERS CAN ACCESS THEIR MEMBERSHIP DIRECTORY. ]

Please accept my sincerest appreciation on behalf of Hon-Kwang Electric Co.,Ltd., In advance for your willingness to render your services as we look forward to your prompt response to our request. [DO THEY REALLY WANT A PENNSYLVANIA FAMILY LAW ATTORNEY TO HANDLE THEIR INTERNATIONAL COLLECTION MATTERS?]

Thank you.

Ana Teodoro
Human Resources Department(HR)
Hon-Kwang Electric Co.,Ltd

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So did the person who is trying to set up this scam think I was just going to jump on this business opportunity? Really?

Filed under: Other thoughts Tagged: Deep Gold, e-mail, email, Hon-Kwang Electric, Hon-Kwang Electric Co. Ltd, IBA, ibanet.org, International Bar Association, scam, spam ]]>