With the recent passage of the Family Law Arbitration Act (most recently covered by this publication in the Winter 2024 volume), Pennsylvania has taken a very positive step in allowing family disputes to be resolved in an efficient, effective, humane manner that will, if utilized, help re- duce the backlog of divorce and custody cases in the legal system — and save families agony and money.
However, there are certain systemic aspects of the Divorce Code that may impose barriers to the utility of the Arbitration Act. These barriers are in some ways ingrained into the fabric of how lawyers represent clients through the divorce process.
The principal barrier is the interplay between temporary alimony (spousal support/APL) and the one-year waiting period under the Divorce Code that prohibits a matter from moving forward in the absence of both parties’ agreement.
Pennsylvania’s legislature has articulated its view that “[t] he family is the basic unit in society and the protection and preservation of the family is of paramount public concern.”1 In light of this concern, it is the legislature’s stated policy and goal to, on the one hand, “[e]ncourage and effect reconciliation and settlement of differences of spouses…” and, simultaneously (if not on the other hand) to “[e]ffectuate economic justice between parties…” who are separated or are getting divorced.
Superficially, these policies seem harmonious. And the passage of the Arbitration Act seems, on its face, to address the legislature’s goal of encouraging the “settlement of differences of spouses.”
But, with respect to alimony pendente lite, there is an inherent tension between these two stated goals that frequently plays out in the real world of divorce litigation. This tension serves to exacerbate discord between spouses and, as often as not, to prolong and even complicate the resolution of divorces.
This tension will also inhibit voluntary use of the arbitration process. Read More
On July 7, 2024, the Uniform Family Law Arbitration Act (“UFLAA”), 42 Pa. Cons. Stat. §§ 7371-7398, became effective. Prior to its enactment, Pennsylvania only had the Revised Uniform Arbitration Act (“RUAA”), which is better suited to commercial and other civil cases and did not address the unique features of family law litigation. Indeed, the RUAA does not require an arbitrator to apply the substantive Pennsylvania laws regarding equitable distribution of property, alimony, child custody and child support. The UFLAA allows for greater flexibility, efficiency, and control by the parties in family law cases.
Imagine a highly contested family law matter involving complex financial issues for equitable distribution and support, and the discovery issues that come with those issues, along with a contested custody issue. Without an out-of-court resolution, this family may be before multiple triers of fact and other court personnel, including a domestic relations officer, hearing officer, discovery master, divorce hearing officer, and elected judge. The parties would have limited control over the court dates their matters would be heard and would be paying attorneys for multiple trips to the courthouse for motions, conciliations, and hearings.
If this same family, instead, selected a seasoned family law attorney to arbitrate their case, the parties would have one trier of fact to hear all of their disputed issues on their timetable. The arbitrator would hold a conference with the attorneys to discuss the scheduling of their various disputed issues, and a mechanism for discovery disputes and motions to be heard along the way. No more waiting around in the hallways of the courthouse or in a packed courtroom for motions court. The arbitrator can resolve discovery disputes and other motions in addition to the ultimate issues in the case. The arbitrator can also conciliate the case—either issue by issue, or wholistically with a discussion of the financial and custody issues altogether. Read More
On March 20, 2025, the Pennsylvania Supreme Court recognized “Intent-Based Parentage” as a pathway to legal parenthood in the Commonwealth. In the landmark decision of Glover v. Junior, the court recognized previously unavailable rights of parentage for non-biological parties in cases in which a child was conceived through assisted reproductive technology (ART).
In Glover, a married same-sex couple agreed to conceive a child through in vitro fertilization (IVF) using Glover’s eggs and a jointly-selected sperm donor. The parties entered into a contract with a sperm bank listing Glover as the “intended parent” and Junior as the “co-intended parent.”
Prior to and during the course of Glover’s pregnancy, Junior attended Glover’s medical appointments and injected Glover with hormones necessary to sustain her pregnancy. The parties entered into an IVF contract naming Glover as the “Patient” and Junior as the “Partner.”
The parties engaged counsel to seek Junior’s adoption of the child after its birth, each signing supportive affidavits.
Glover’s affidavit stated, among other things: “I am seeking to have my spouse, [Junior,] adopt this child in order to provide this child with the legal stability of two parents…. I understand that means [Junior] will become a legal parent, with rights equal to my rights as a biological parent…. I understand that this means [Junior] will have custody rights and child support obligations to this child if we ever separate in the future….”
Prior to the child’s birth, the parties separated, thus beginning the three-year dispute over whether Junior would be confirmed as the child’s parent.
In analyzing an ever-evolving body of law, the Court determined that these parties, this child, and those like them fell outside the four existing bases to confer parentage within the Commonwealth, stating, “It is time our precedent evolves to fill in the gap.” The Court explained,
“[N]one of the four paths to parentage [currently] recognized … account for the factual scenario in this case. Read More
Partner Carla S. Donnelly has been recognized as a 2025 JD Supra Readers’ Choice Award Top Author. Carla is one of ten family law attorneys recognized for their consistently high readership and engagement within the family law industry for 2024.
The JD Supra Readers’ Choice Awards recognize top authors and firms in 33 industry topics that were read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2024. In each category, ten authors and one firm are chosen for their consistently high readership and engagement within that category for all of 2024. In total across all categories, they recognized over 300 authors selected from over 70,000 who publish their work on the platform.
Carla has been practicing family law for more than 20 years. She focuses her practice on divorce litigation, with an emphasis on high-asset divorce issues. She also specializes in preparing and negotiating prenuptial and postnuptial agreements and is trained in Mediation, Parent Coordination, and Collaborative Law. Carla is a mediator and an arbitrator and can serve as the neutral to assist parties in reaching an out-of-court solution in either role.
About Pietragallo
Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with six offices throughout Pennsylvania, New Jersey, Ohio, and West Virginia from which we serve our clients in all 50 states and the District of Columbia. Read More
Co-Chair of Pennsylvania Bar Association’s Women in the Profession Commission, partner Carla Donnelly, was highlighted in this month’s edition of the Pennsylvania Bar Association’s Best of the West member spotlight.
How did you first get involved with the PBA?
“I moved from Atlanta, GA to Pittsburgh, PA in 2013 and my partner, Ken Horoho, suggested I attend the WIP Retreat that November. I went without knowing anyone and met a wonderful group of women attorneys. Before I knew it, three years later I was Co-Chair of the Retreat and it just took off from there.”
What do you value about your PBA membership?
“I value the opportunities to connect with attorneys around the commonwealth with no agenda other than to connect and learn from and support one another. I also value the PBA’s role in allowing its members to weigh in on substantive changes to the law in their various areas of expertise. For example, the members of the Family Law Section have been able to help shape changes to laws that impact many Pennsylvanians.”
What advice do you have for lawyers in Western PA who want to get involved in the PBA?
“Just show up! All of the sections and committees are seeking geographic diversity and coming from Western PA you will be welcomed with open arms.”
What are the biggest challenges facing lawyers in PA?
“Navigating AI. It remains to be seen how it will truly impact our profession.” Note: Delve into issues related to AI by going to www.pbi.org and search “AI” to find live and on-demand courses available to PBA members.
What are your greatest personal achievements?
“Raising my teenage daughter to be a kind and caring person.”
What are your greatest professional achievements/career highlight?
“As I look back [over a 30-year career], two achievements stand out. Read More
Join Pietragallo attorney Adam Garret, and his co-presenters as they dive into the legal implications that arise when one spouse passes away during a pending divorce matter. This one-hour virtual CLE program, “Til Death Do Us Part: Navigating the Legal Complexities When One Party Dies During a Pending Divorce”, is presented by the Allegheny County Bar Association Young Lawyers Division. Topics covered will include overview of recent case law addressing the intersection of divorce and death, application of the divorce and probate code and how they govern ongoing proceedings in these scenarios, and practical guidance for managing unresolved issues.
Interested in learning more? Register here. Read More
Kenneth J. Horoho, Jr., partner and chair of the Family Law Practice Group at Pietragallo Gordon Alfano Bosick & Raspanti, LLP and former Pennsylvania Bar Association President, has been re-appointed by the Pennsylvania Supreme Court as Vice-Chair of its Domestic Relations Procedural Rules Committee.
Ken’s second term as Vice-Chair on the committee begins April 1, 2025.
The Domestic Relations Procedural Rules Committee advises and assists the Supreme Court on matters related to the practice of family law in Pennsylvania including procedural rules related to divorce, support, custody, paternity, and protection from abuse. The primary goal of the committee is to simplify family law practice by recommending new rules or amendments to existing procedural rules relating to family law matters.
About Pietragallo
Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with six offices throughout Pennsylvania, New Jersey, Ohio, and West Virginia from which we serve our clients in all 50 states and the District of Columbia. Read More
On January 17, partner Kerri Lee Cappella will co-present on “Alternative Asset Management Firm Valuation Concepts and Considerations in Family Law”, for this years Pennsylvania Bar Association Family Law Section Meeting alongside the American Academy of Matrimonial Lawyers. The PBA Winter Meeting will take place in Pittsburgh Friday-Sunday, January 17-19, at the Omni William Penn Hotel. Kerri’s panel is scheduled on Friday at 1:30 PM.
The PBA Family Law Section meetings bring together family law attorneys from across Pennsylvania for a weekend of networking, continuing education, and professional growth.
Interested in attending? Learn more here. Read More
Partner Carla Schiff Donnelly will be a speaker at the CLE “Nightmare on Ross Street: The Haunting Effects of Dysfunctional Families”, hosted by the Allegheny County Bar Association’s Family Law Section. Taking place on Thursday, October 24, from 12-4:30 PM, this 4-hour CLE will discuss the differentiation between psychological disorders and traits, such as alienation vs. resist/refuse and narcissistic personality disorder vs. narcissistic traits. It will also focus on court-involved therapy, including learning about therapists’ role, insurance concerns and what types of therapy are right for each family. A discussion of safety and reunification counseling in light of Kayden’s Law will round out the course. Ethical considerations will be discussed.
Interested in attending? Click here. Read More
Partner Carla Schiff Donnelly will be presenting at the Pennsylvania Bar Association’s Family Law Section Summer Meeting held July 11-14, 2024.
Carla will be moderating “Parental Alienation: What It Is, What It Isn’t and What to Do About It” on July 13. Her course will cover the necessary tools to identify parental alienation in its various forms as well as strategies and resources for navigating parental alienation issues and reunification remedies through judicial, psychological, and practitioner perspectives. Other topics of the day include estate law and family law, and appeal process relating to family law cases.
Click here to learn more. Read More
March 3, 2025
Partner Carla S. Donnelly has been recognized as a 2025 JD Supra Readers’ Choice Award Top Author. Carla is one of ten family law attorneys recognized for their consistently high readership and engagement within the family law industry for 2024. Read More
February 14, 2025
Co-Chair of Pennsylvania Bar Association’s Women in the Profession Commission, partner Carla Donnelly, was highlighted in this month’s edition of the Pennsylvania Bar Association’s Best of the West member spotlight. Read More
