• Legal custody
• Partial custody
• Physical custody
• Shared custody

You may also want to look at a sample visitation schedule so you can get an idea of what should be included in your visitation schedule.

A good place to start is by examining each parent’s schedule for available and unavailable time blocks. This preparation helps to ensure that visitation is not scheduled during a parent’s work hours and helps to avoid paying for child care when a parent’s schedule is open. The components that should be included in a comprehensive visitation schedule are:

• Day-to-day schedule. This should specify the days and times your child spends with each parent on a regular basis. If appropriate, the schedule can be broken down by hour, such as when a parent is available to pick up a child from soccer practice while the other parent is still at work.

• Holiday schedule. For holidays and special occasions it is important to allow for an equal amount of time with each parent. Birthdays, major holidays and significant family events such as graduation ceremonies should be included. In your holiday schedule be sure to include the times when the holiday begins and ends so there is no confusion.

• Vacation schedule. Such schedules would include school breaks during the year such as summer break, spring break and winter break.

A Pennsylvania family law attorney can help

Creating a parenting time (visitation) schedule can be a daunting task and may require the help of an experienced Pennsylvania family law attorney. Contact us online or call (215) 886-1266 to discuss your child visitation schedule needs.

• Filing your divorce complaint
• Settlement negotiations
• Providing mediator services
• Representing you in court

To obtain a no – fault divorce in Pennsylvania, you must meet one of two conditions:

1. Both spouses agree to the divorce
2. The spouses have been separated for two years or longer

A divorce in Pennsylvania that holds one of the spouses accountable for the divorce, also known as a fault divorce, may cite the following grounds if appropriate:

• Desertion of spouse
• Adultery
• Bigamy
• Cruelty (abuse)
• Imprisonment
• Personal indignities
• Mental institution commitment

Matters that typically arise during a Pennsylvania divorce include:

• Mediation/counseling. For couples with children, the court may require participation in counseling and may consider the recommendations of counselors relative to custody issues.
• Property/debt division. Pennsylvania divorce law provides for equitable property division, which is based upon fair rather than equal standards.
• Spousal support. The court may award spousal support to either party at its discretion.
• Child custody. In determining custody your child’s best interests are the guiding principle, and the court considers many factors when deciding child custody awards.
• Child support. Pennsylvania uses the income shares model to determine child support. Either or both parents may be ordered to provide equally for educational costs.

Finding the right Pennsylvania family law attorney

Finding and retaining the right family law attorney can make a big difference in getting through the divorce process smoothly. Contact us online or call (215) 886-1266 to schedule a consultation today.

Generally, marital property is defined as the assets acquired during the marriage, although there are some exceptions, and marital assets may include:

• Real property
• Pensions
• Retirement accounts
• Business concerns
• Stocks and bonds
• Certificate of deposits
• Bank accounts
• Insurance policies
• Other valuables such as vehicles, jewelry, etc.

Gifts and inheritances are typically excluded from the marital assets.

An experienced Pennsylvania family law attorney can help you ascertain what assets should be included and excluded from the marital estate. And when necessary, we can bring in experts such as forensic accountants and business valuators to help determine the value of assets.

The court considers several factors when determining the division of marital assets including:

• Duration of the marriage
• Spouses’ age, health, skills and employability
• Contributions to the marriage (including from homemakers)
• Spouses’ income sources
• Tax liabilities for each spouse
• Which spouse is the main caregiver of minor children
• The earning capacity of each spouse
• Alimony awards

In the case in which the parties cannot agree on marital property, the court will decide. Generally, the court cannot transfer a property title from one spouse to the other. However, it can award money to one party to compensate for the other party keeping property. When property was purchased with both marital and non – marital funds, the court determines what percentage of the property should be included in the marital estate and factors this into the monetary award.

Talk to a Pennsylvania property division attorney today

Determining the disposition of marital assets can be complex, and an experienced attorney can help you in sorting out your marital assets. Contact us online or call (215) 886-1266 to discuss your asset division matter today.

The types of child custody in Pennsylvania are as follows:

• Temporary custody (de facto). This is different from court-ordered custody and refers to who has custody of the child currently. If you want to maintain custody during litigation you must file a request for temporary custody with the court.

• Sole custody. Sole custody is when one parent is given both legal and physical custody of the child and the child has only one primary residence. Legal custody is the right to make decisions for your child concerning education, religious upbringing, discipline, medical care and other significant matters concerning your child’s welfare. Physical custody means your child lives primarily with you and you make the decisions about your child’s day-to-day needs.

• Split custody. Split custody refers to a case in which there are two children and each parent has full physical custody of one of the children.

• Joint custody. Under joint custody you could have joint legal custody, when both parents share the control and care of the child but that child has one primary residence; shared physical custody, when your child has two residences and spends at least 35 percent of his or her time with the other parent; or you can work out a customized joint custody agreement with your ex-spouse that is a combination of shared physical and joint legal custody.

Get your child custody questions answered

At the core of child custody issues are your child’s best interests. To talk to a caring and compassionate family law attorney, contact us online or call (215) 886-1266 to discuss your child custody matter.

To assist you, we would like to provide you with the information you need to avoid five common mistakes that other people make when contemplating a divorce:

1. Make sure you do not rush into a divorce. That is not to say that divorce may not be right for you, but it does mean that you should take care to make informed decisions and protect yourself and your future from adverse financial consequences, to the extent possible.
2. Do not go on a spending spree. Rather, take any excess money you have to buy down your debts. The less you owe, the better shape you will be in when you divorce.
3. Consider mediation or the collaborative law process, especially if you have children. Collaborative law in a divorce will help ease the stress on you and your children, as well as give you much more control of the terms of your divorce.
4. Make sure property and credit cards in your name, and if possible, establish your credit. You do not want to find yourself with no credit after a divorce.
5. Gather as much information about your finances as possible, including account numbers, contact information and balance history for all insurance policies, bank accounts, investments and retirement plans. Do not go into a divorce blind, you need to know as much as possible about your family finances.

Divorce can be difficult. Oftentimes individuals want to rush through a divorce and move on with their lives. However, you will find that a little time and contemplation now, may end up providing you with a much brighter and financially secure future. If you are letting emotion cloud your judgment, consult with your family law attorney and divorce lawyer. They should be able to ground you and ensure you have the information and fortitude to make sound decisions.

At Joanne E. Kleiner & Associates, Ms. Kleiner is a family law attorney and divorce lawyer who brings more than 25 years experience in family law and divorce to the table, including collaborative law experience. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.

Meeting your needs

There is more to hiring an attorney than merely finding someone highly experienced in representing clients in the area of law in which you need representation. Ideally, the lawyer will provide diligent legal services and be approachable about your concerns, all for an affordable fee.

If you believe your case will be contentious, or will at least require time in court, spend time at your courthouse watching attorneys in action. How do they speak to their clients?

Other suggestions

The decision about who you hire to represent you in your divorce is one that will likely impact the rest of your life. You need someone capable of obtaining the best possible settlement available to you under your state’s divorce laws. While the following is not an exhaustive list of matters to consider when hiring a divorce lawyer, it provides a solid foundation for beginning your search:

• If you need to meet evenings or weekends, will the lawyer accommodate your schedule?
• It is required in Pennsylvania for the attorney to offer a written fee agreement? That’s important because you want to know exactly what your attorney has committed to do for you, and at what cost.

You will have to live with the end results of your divorce for the rest of your life, so be selective about the attorney you hire to represent you.

Under the Act, a party who wishes to move is required to give notice to anyone else with custodial rights to that child. The type of relocation triggering the adherence to the new law is one that would significantly inhibit the capability of the non-relocating party to exercise their custodial rights. The move needn’t be one outside the state of Pennsylvania; a relocation within the same county can even trigger the new law.

The parent seeking the relocation must notify the non-relocating party at least 60 days before the proposed move. Once notice is given, the non-relocating party has 30 days to oppose it and file a counter-affidavit explaining their opposition.

In addition to other information required by the new law, the relocation notice must state:

• The reason for the relocation;
• The child’s new residential address;
• The name of the child’s new school; and
• An amended custody schedule proposal.

If you are a divorced parent considering relocating with your children, be assured that Joanne E. Kleiner & Associates is prepared to advise you about your rights under Pennsylvania law.

People typically have different opinions on the value of certain property, and in many cases, it is difficult to put a monetary value on the property. For example, how do you value a professional business that relies solely on the efforts of one spouse? The same is true of a closed corporation or partnership.

Some examples of property that may be difficult to value include:

• Stock options
• Real estate
• Art and other collectibles
• Insurance policies
• Business interests
• Pension and retirement plans
• Pets

Moreover, the same holds true with debts. In today’s real estate market, some homes may be worth less than the amount owed, which is referred to as “negative equity.” If the family home is to be given to one party or the other, the negative equity should be factored into the division of property.

Retaining an attorney who understands property valuation issues, and has the network of experts and professionals to assist you with understanding the value of property where there is a valuation dispute, can help in ensuring your interests are protected to the greatest extent possible.

Moreover, even with property valuation disputes, a collaborative divorce may be in your best interest. An experienced family law attorney can help you understand your options and advise you on the best manner to proceed based on your particular set of circumstances.

Joanne E. Kleiner & Associates has extensive experience with all areas of Pennsylvania family and divorce law, including collaborative law and traditional divorce litigation, and we handle cases throughout Montgomery, Bucks and Philadelphia counties, as well as the rest of southeastern Pennsylvania.

A family law judge will typically not issue an order of support for the animal, nor will he or she typically award custody or visitation rights. However, under the collaborative law process, you can work with each other to tailor an agreement that will provide for a care, custody and visitation schedule for your pet.

The collaborative law process, unlike divorce litigation, is based on fostering collaboration to work out differences and find solutions everyone can live with, rather than an adverse proceeding that is based on confrontation and fosters animosity toward each other.

Just as collaborative law is recommended in many divorces involving children, the same principle applies to your pet. Utilizing the collaborative law process in a divorce where there are issues or disputes involving a family pet, you can customize a solution that will be acceptable to both parties and deal with issues involving:

• Decisions about your pet (whether to seek medical treatment, euthanasia, kenneling and choice of veterinarian)
• Food
• Pet time (custody and visitation), as well as logistics regarding transportation for pickup and drop-off
• Support (who will be responsible for food, medical bills, kenneling, etc.)

Pets are family. Make sure they are treated that way in a divorce. Talk to an experienced family law and divorce lawyer about utilizing the collaborative law process to make sure you (rather than a judge) make the decisions regarding your pet.

At Joanne E. Kleiner & Associates, Ms. Kleiner brings more than 25 years of experience in family law and divorce to the table. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.

Joanne E. Kleiner & Associates has extensive experience with all areas of Pennsylvania family and divorce law, including collaborative law and traditional divorce litigation, and we handle cases throughout Montgomery, Bucks and Philadelphia counties, as well as the rest of southeastern Pennsylvania.

Take the time to talk to your children, reassure them that everything is fine and that regardless of any differences between you and your spouse, both of you still love them. Some additional steps you can take to ease the prospect of a divorce on children:

1. Take the time to explain to your children that any problems you and your spouse may be having are not their fault. Sometimes, a good approach is to explain to your children that people may sometimes have differences of opinion, and in some cases those differences just cannot be worked out.
2. Do not argue or fight in front of the children. Remember, children are not deaf, they can hear, even behind closed doors, if the volume of the conversation is high enough.
3. Do not bad-mouth your spouse in front of your children. Remember, he or she is still their parent too, and your children love both of you.
4. Do not make your children take sides; they may resent you for that. They will also feel that they are being disloyal to you by continuing to love their other parent, and it is confusing to them.
5. Never use your children as messengers or “go-betweens”.
6. Constantly reinforce that everything will be all right, especially if the children are young.
7. Make sure you don’t ignore your children. They need to know that their routines are not being affected (to the extent that is possible). In addition, any extra attention both of you can give to your children will help alleviate any fears they may have.

For divorces involving children, we suggest considering utilizing the collaborative law process for your divorce.

Collaborative law may provide you with an acceptable alternative to stressful litigation. The collaborative law process is premised on the parties working together to resolve conflict. The collaborative process encourages the parties to work together, with their attorneys, toward a mutual agreement that everyone can live with.

The collaborative law process is typically less stressful on children, gives you more control over the terms of the divorce, and is less emotionally taxing on you.

At Joanne E. Kleiner & Associates, Ms. Kleiner is a family law attorney and divorce lawyer who brings more than 25 years experience in family law and divorce to the table, including collaborative law experience. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.