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23 Pa. C.S.A. § 3301, Domestic Relations - Grounds for Divorce

Under Pennsylvania law, a divorce can be either “fault-based” or “no-fault.” Grounds for a “fault-based” divorce include the following: abandonment (unmoving spouse has left the home) without a reasonable cause for a period of one or more years; adultery; cruel and barbarous treatment (unmoving spouse has treated movant in a way that puts his/her life or health at risk); bigamy (movant’s spouse married movant without first divorcing his/her spouse); imprisonment for two or more years; or movant’s spouse has acted in a way that made movant’s life unbearable or extremely difficult.

23 Pa. C.S.A. § 3501, Domestic Relations - Property Division

Pennsylvania is an equitable distribution state, which means the court will “equitably and fairly” divide, distribute, or assign the marital property between the parties, regardless of marital misconduct. “Marital property” generally means all property acquired by either spouse during the marriage. All property acquired by a spouse during their marriage is presumed to be marital property regardless of how title is held.

23 Pa. C.S.A. § 3701, Domestic Relations - Alimony and Support

The determination of the nature, amount, and duration of alimony is based on the court’s weighing of several factors. Among the factors considered by the court in its alimony determination are the following: (1) the relative earnings of the parties; (2) the ages and the physical, mental, and emotional conditions of the parties; (3) the sources of income of both parties, including, but not limited to, medical, retirement, insurance, or other benefits; (4) the expectancies and inheritances of the parties; (5) the duration of the marriage; (6) the contribution by one party to the edu

23 Pa. C.S.A. § 5301, Domestic Relations - Child Custody

In making custody and visitation decisions, Pennsylvania courts look to various factors in determining what is in the “best interest of the child.” The factors weighed by the court include: (1) the well-reasoned preference of the child, based on the child’s maturity and judgment; (2) the need for stability and continuity in the child’s education, family life and community life; (3) which parent is more likely to foster a relationship between the noncustodial parent and the child; (4) each parent’s history of violent or abusive conduct; and (5) specific criminal convictions.

A.L.P. Inc. v. Bureau of Labor & Indus.

Here, petitioner, a male employer, sought review of a final order of the Commissioner of the Bureau of Labor and Industries, which found petitioner had created an intimidating, hostile and offensive working environment based on respondent’s gender, in violation of Or. Rev. Stat. § 659.030(1), which provides, “(1) [i]t is an unlawful employment practice: (B) [f]or an employer, because of an individual's . . .  sex . . .

Abankwah v. Immigration & Naturalization Serv.

Ms. Abankwah, a native of Ghana, was a member of a tribe that punishes women who engage in premarital sex with female genital mutilation (“FGM”). While Ms. Abankwah was away from her tribe, she had a sexual relationship. Subsequently, she learned that she would be the next Queen Mother of her tribe, a position that requires a woman to remain a virgin until marriage. She knew this meant the tribe would discover she had engaged in premarital sex and she would be punished with FGM. Ms. Abankwah fled but her tribe came after her.

Access to Justice in Equal Conditions (Docket 1a.J. 22.2016 (10a.))

This jurisprudential thesis is a relevant example of case law, as the criteria issued by the Mexican Supreme Court is binding on all courts in the country. Every court shall rule based on a gender perspective. Therefore there should be a test to determine whether there is a gender violence case before the court. This test shall be performed by the court regardless of whether a party makes such a petition.

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