Law Office of Joanne Kleiner

Archives for November 2013

Nov 27, 2013

Is It Better Financially to Stay Married?

Some 2.8 million men and women go through divorce each year. Studies indicate that the first year after divorce a woman’s income can drop almost 27 percent, while the man’s drops up to 10 percent. Financial stability is definitely an issue after divorce.

If you are in dire financial straits, you might be asking yourself if it’s a better idea for you and your spouse to stay married, rather than get the divorce that you had initially considered. The question is, if you are miserable in the marriage, and have done everything you can to resolve your differences, then it may be time to let go.

Some people find that living in a loveless marriage impacts their ability to be their best in the workplace. They may even find that they are sabotaging important career opportunities, which may be tied to the misery in the home. Being married to someone you are unhappy with can be incredibly depressing, as well. You are the only one who really knows if / when you are ready to truly separate and divorce.

Additionally, perhaps your spouse has lost his or her job, and your house is underwater, so you may be carrying a lot of the economic weight, which can be burdening you unduly.

Should you decide to divorce, be clear ahead of time what you need to do to put yourself in line for economic stability as you transition into life as a single man or woman. In other words, prepare for your divorce, just as you would prepare for any other life-changing action. There are significant costs to divorce, including therapist costs, legal bills, court costs, and new living expenses that you will be paying on your own.

Consider the timing of your separation. If you’re due for a big bonus at work at year’s end, you might consider separating before year’s end. On the other hand, if your spouse is expecting a bonus and you know about it, why not wait out the marriage till the bonus comes, if it’s in the near future. As well, if you have been married 10 years, rather than nine, you will be eligible to collect social Security on your ex’s earnings record. You might consider purchasing all that you need before you separate, including dental issues such as braces for the kids as well as car maintenance or replacement.

Reasons Unhappily Married People Stay Married

According to a recent study by law firm slater and Gordon, of the United Kingdom, the top reason that spouses who are unhappy remain together is that they are afraid to divorce. One-fifth of the 2,000 married respondents said they would stay married unless their could somehow guarantee their financial stability after divorce.

The top five reasons people stay in unhappy marriages include:

5. Won’t have financial security
4. Too big an impact on the kids
3. Hope that things will get better
2. Fear that they will regret it after
1. Not sure they have the courage to go through with it

According to a long-term study by Kenneth Couch, College of Liberal Arts and Sciences Professor at UConn, divorce does have impact on the economic well being of women. The study, which covered 40 years across 2,000 women’s life spans, indicates that family structure does seem to have significant impact on a woman’s financial well-being. Women who divorced in the 70s lost ground economically, unless they married again.

Wondering the Pros/Cons of Staying Married for Financial Reasons? Skilled Jenkintown Child Support and Family Law Attorney

To schedule a completely confidential consultation with a knowledgeable and caring family law attorney at Joanne E. Kleiner & Associates, in Jenkintown, PA, please call 215-886-1266 or you can fill out our intake form and we will contact you.

Keeping you focused on the big picture and the issues that matter most…Joanne E. Kleiner & Associates. We serve clients throughout Montgomery, Bucks, Philadelphia counties, and the surrounding areas in matters involving Social Services, Child Protection, child custody, support, divorce, and other family law matters.

Nov 13, 2013

Can I Stop My Spouse From Moving Away With Our Child After Our Divorce?

The good news is that in Pennsylvania, your ex-spouse must obtain your permission, in writing, as well as the court’s permission, to move your child beyond a certain specified geographic distance from you, the noncustodial parent.

Act 112 of the New Child Custody Law defines relocation as any change in residence that has significant impact on the parent who is not moving to actually parent the child and exercise his or her custodial rights.

Thus, even if your child’s parent informs you that he or she is moving with your child, they cannot legally make that move – yet. They must serve you notice that includes detailing where they plan to move, why they are moving, how they plan to work the custody arrangement so that you can still exercise your parental rights, the school and the school district the child will be going to, and Counter-Affidavit Regarding Relocation.

The Affidavit is a paper that allows you to object or agree to the proposed move. The move does not even have to be out of state or even out of the county. If the move is in the same county but it is going to make it hard for you to exercise your custodial rights to your child, you can object.

You must have received this information from your ex-partner within 60 days of their proposed move. From that time, you will have 30 days to object by filing that Affidavit with the court, which will thus set in motion a court hearing. If you do not file this paper, then the move will default be allowed as your non-response is looked at as consent to move.

You can object to the move on the basis of the move itself or on the basis of the proposed custody schedule modification. If the person has already relocated, without court permission, the court could potentially sanction them. In a case such as this, moving without approval does not mean that the court will allow the move to stay in place.

Factors Courts Consider:

  • Stability of the child’s connection with each parent
  • Quality, extent of involvement of each parent with the child, as well as involvement of other significant individuals such as siblings and grandparents
  • Child’s age and needs and maturity level to handle such a change
  • Impact the moving or not moving will have on resources and opportunities available to both child and parent
  • Proposed arrangements that will continue to foster a strong parent-child bond with non-moving parent
  • Good faith intent of the parent who wants to move, or if the relocating parent has intent to harm the non-relocating parent’s bond with involved child
  • Child’s preference relating to the move, depending on the child’s age and maturity level

Seeking to Stop Your Ex From Moving With Your Child? Skilled Jenkintown Child Support and Family Law Attorney

When it comes to your children facing a proposed move that you are against, it is critical to know the law and know how to best protect your rights to parent your children.

To schedule a completely confidential consultation with a knowledgeable and caring family law attorney at Joanne E. Kleiner & Associates, in Jenkintown, PA, please call 215-886-1266 or you can fill out our intake form and we will contact you.

Keeping you focused on the big picture and the issues that matter most…Joanne E. Kleiner & Associates. We serve clients throughout Montgomery, Bucks, Philadelphia counties, and the surrounding areas in matters involving Social Services, Child Protection, child custody, support, divorce, and other family law matters.

Nov 06, 2013

Can I Move After My Divorce?

Naturally, you can move after your divorce, if you do not have any children. However, if you have children, the situation is not so simple. If you are the custodial parent and the other parent also has custodial rights, you cannot actually relocate if the move will significantly impact the other parent’s ability to participate in the parenting of the child in question.

However, in Pennsylvania, the New Child Custody Law or Act 112, which went into

This means that even if you want to move to a different county in Pennsylvania, you will need to obtain legal permission from your child’s other parent. This is the way it’s been since Governor Rendell signed the New Child Custody Law, or Act 112, which went into effect on January 24, 2011.

To move beyond a specified geographic distance, you must first give notice to your child’s other parent, letting them know your:

  • New intended address
  • The school district and the school
  • Why you want to move
  • Proposal for a revised custody arrangement
  • Counter-Affidavit Regarding Relocation, the paper that the non-relocating parent would need to object or agree to the move

This information must be provided to the other person 60 days or more before the date of the proposed move. There are some exceptions to the relocation rule, but they are considered on an individual basis.

If the parent who is non-relocating objects, and he or she has 30 days to object by filing that Counter-Affidavit with the Court, then the case will need to be heard by the Court. A judge will then hear both sides and determine whether circumstances justify approving a move that one parent is against.

The court considers both parents’ bonds with any involved children equally important. They work from the perspective that despite a divorce, both parents can play and should play a significant role in parenting the child, unless a parent has been found to be harmful to the welfare of the said child.

Questions About How to Approach a Move After Divorce? Skilled Jenkintown Child Support and Family Law Attorney

Considering relocation? There are a number of steps you need to go through, including gaining approval from the noncustodial parent and/or the court. Maximize your chances for success. Discuss your plans and goals with an experienced attorney.

To schedule a completely confidential consultation with a knowledgeable and caring family law attorney at Joanne E. Kleiner & Associates, in Jenkintown, PA, please call 215-886-1266 or you can fill out our intake form and we will contact you.

Keeping you focused on the big picture and the issues that matter most… Joanne E. Kleiner & Associates. We serve clients throughout Montgomery, Bucks, Philadelphia counties, and the surrounding areas in matters involving Social Services, Child Protection, child custody, support, divorce, and other family law matters.