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December 2016 Archives

Understanding Waivers/Exculpatory Clauses

Waivers, sometimes referred to as exculpatory clauses, limit or prohibit claims that may arise for personal injuries or property damage. They are typically included in contracts with fitness clubs, ski resorts or other types of athletic or recreational facilities. In some cases, the waivers or exculpatory clauses are printed on tickets for admission to sporting events, such as baseball games and hockey games. The legal effect of acquiescing to the waiver is that the individual agrees to assume the risk of personal injury or property damage that may be associated with a particular activity, notwithstanding the negligence of the other party. Examples of spectators being injured and waiving their right to sue for personal injuries would be fans struck by foul baseballs, errant bats, or hockey pucks.

Separation Period for No-Fault Divorces in Pennsylvania Reduced

As of December 5th, 2016, the mandatory separation period required under Section 3301(d) of the divorce code will be reduced from two years to one year. This new rule is only applicable to parties separating after December 5th. The current two-year separation period remains applicable to married persons that separated prior to December 5th. This means that anyone who separates from their spouse after December 5, 2016, and files for a no-fault divorce, but does not have the consent of the other spouse to be divorced, only has to wait one year before he or she can establish the grounds for divorce. Establishing the "grounds for divorce" enables a party to either proceed to obtain a decree or begin litigating the division of the marital estate. Determining a date of separation can be difficult in its own right but oftentimes the date of the divorce filing becomes the default date of separation. When first enacted in 1980, the Divorce Code imposed a three-year separation period. In 1988, the law was changed to reduce the waiting period down to two years. As of December 5, 2016, the separation period that has been in place for roughly 28 years will be cut in half. If you have questions regarding the new changes to the Divorce Code, be sure to consult with an attorney experienced in these matters before proceeding. Keep in mind that this article should not be viewed as legal advice and is for informational purposes only. Feel free to call me, Liam Duffy, or anyone at Rubin, Glickman, Steinberg & Gifford if you are interested in a free consultation.http://www.rgsglaw.com/Family-Law/
Gregory R. Gifford
  • RGS&G Firm News

    "Gregory R. Gifford, a partner at the Lansdale law firm of Rubin, Glickman, Steinberg and Gifford, P.C., was elected Vice President of the Montgomery Bar Association on January 13, 2017. Mr. Gifford is a past Director of the Association and has also served as its Treasurer and Secretary"Read more...

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Rubin, Glickman, Steinberg and Gifford has been a member of the local Penn Suburban Chamber of Commerce (previously known as North Penn Suburban Chamber of Commerce) for more than 25 years.

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