Law Office of Joanne Kleiner

Archives for October 2015

Oct 19

The Risks Associated with Handling Your Own Divorce

Good Reasons Why You Shouldn’t Handle Your Own Divorce

Man under stressStatistics continue to show that one of the principal causes of divorce is financial problems. As a result, many people choose to save money and handle their own divorce proceedings, and there’s no shortage of websites and how to books to guide you through the process. For a number of reasons, though, being your own divorce lawyer may not best meet your needs.

Emotions–There’s a saying in the legal profession—the person who represents himself has a fool for a client. It’s not that attorneys are afraid of losing business. It’s that they understand the emotional implications of a legal dispute. When you are one of the parties to a disagreement, it’s nearly impossible to view the causes, solutions and outcomes objectively. When the dispute involves a personal relationship, it becomes even more difficult to separate emotion from the decisionmaking process. When there are children involved, you can just about forget about it.
Your Children–Of course, children are another good reason not to handle your divorce on your own. You may want what’s best for your children, and you may believe that your soon-to-be ex-spouse does, too. But do you have any sense of the impact your divorce will have on your children? Do you understand how your children will respond to different parenting or custody arrangements? An experienced attorney can help you make an objective decision that is truly in the best interests of your child.

Money–Though it may seem like you are saving money by not paying legal fees, the decision to represent yourself may actually cost you money in the long run. You may agree to pay alimony when you don’t need to. You may enter into a property settlement that unfairly benefits your ex. You may enter into a child support arrangement that does not accurately reflect your respective incomes. Your spouse may be hiding assets or income.

Finding Ways to Resolve Your Differences—Let’s face it…you are probably getting a divorce because you couldn’t find ways to agree on the things that mattered. What confidence do you have that you’ll be able to do that in a divorce proceeding? That’s one of the principal reasons you hire a lawyer—because you haven’t been able to work things out on your own.

Contact Us

Let us put our commitment, experience and dedication to work for you. To arrange a confidential meeting with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

Oct 12

At-Fault vs. No-Fault Divorce in Pennsylvania

The Grounds

Single womanAs a Pennsylvania resident, you can choose to file a no-fault or an at-fault divorce, based on the grounds that you state for seeking to terminate your marriage. The principal reason to file an at-fault divorce is that you may obtain some advantage in the division of marital debts and assets, or in support/custody proceedings.

The Legally Acceptable Reasons for Filing an At-Fault Divorce

There are only six different bases that courts in Pennsylvania will accept to support an at-fault divorce petition:

  • One of the parties to the marriage was unfaithful, or committed adultery
  • Your spouse was still legally married to someone else at the time you were married
  • Your spouse has been convicted of a crime that will result in a minimum of two years of incarceration
  • Your spouse has been out of the marital home, without reasonable cause (military or other type of service, hospitalization, etc.) for more than one year
  • Your spouse engaged in behavior that put your life or health in danger
  • Your spouse engaged in behavior that made your life unbearable or extremely difficult

The Legal Justifications for No-Fault Divorce

There is no requirement in Pennsylvania that either party be at fault when a divorce complaint has been filed. Either spouse may seek a no-fault divorce if:

  • The other spouse has been institutionalized because of a mental disorder. The period of institutionalization must be at least 18 months, and there must not be a reasonable expectation that the spouse will be released within 18 months of the finalization of the divorce.
  • There is mutual consent to the divorce. In such a situation, each party must separately file an affidavit attesting to their belief that the marriage cannot be salvaged. The judge will generally wait 90 days before finalizing the divorce, but may do so without a hearing.
  • The parties have lived apart for at least one year and a complaint is filed stating that the marriage bonds are “irretrievably broken.” If both parties agree, the divorce will generally be granted. If not, though, the court will typically conduct a hearing to determine whether there is a chance of reconciliation, and may order marital counseling.

Contact Us

Let us put our commitment, experience and dedication to work for you. To arrange a confidential meeting with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

Oct 05

Frequently Asked Questions about Separation in Pennsylvania

What You Need to Know about Separation in Pennsylvania

Question markAre you struggling in your marriage? Does it feel like you need some time to sort things out? Are you uncertain what happens when you file for legal separation instead of divorce? Here are some answers to basic questions about separation in Pennsylvania.

Q: What is a legal separation agreement?
A: A separation agreement is essentially a contract that sets forth the rights and responsibilities of the parties. It typically addresses custody and visitation, support, and the division of marital debts and assets. There is no requirement in Pennsylvania that the separation agreement be approved by the court.

Q: Do you need a legal separation agreement?
A: No. It’s not a legal requirement, but it is generally a good idea. Just because you haven’t filed
for a divorce yet doesn’t mean that there aren’t differences that need to be addressed in writing. Issues such as custody and support, who will have possession of marital assets and who will have responsibility for marital debts—all are less problematic if laid out in writing.

Q: Can the court invalidate a separation agreement?
A: Yes. If the court has reasonable belief that the agreement was entered into because of coercion, duress, undue influence, fraud, ignorance or lack of mental capacity, the court may rule that it is inapplicable. This rarely happens, though, as it can be extremely difficult to prove.

Q: Can the court unilaterally modify a separation agreement?
A: Unless the terms of the agreement address children or child custody, the answer is generally no. The only instance where that might happen is where a separation agreement is incorporated into a divorce decree.

Q: Can the parties make any agreement they choose regarding minor children?
A No. The court always has the discretion to change the terms of a separation agreement to protect the best interests of minor children.

Q: Can you collect alimony pursuant to a legal separation? If so, how much?
A: To collect spousal support, you must live in a separate household from your spouse, but it is permitted during a legal separation (no need to file a divorce complaint). As a general rule, the spouse with the higher income must pay either 40% of the difference between the parties’ wages (if there are no children) or 30% of the difference less any child support payments made.

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. Contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.

Oct 01, 2015

Dividing Retirement Plans in a Divorce

How Are Retirement Plans Divided in a Divorce?

It’s not unusual—you’ve been married for decades, raised your children to be adults, and then the marriage falls apart. You may both have worked and contributed to retirement plans, or there may have been a stay-at-home parent who now faces retirement. How will the court typically divide accumulated retirement assets?

The first and most important thing to understand is that the court will only concern itself with retirement assets that were accumulated or acquired during the time the parties were married. Any retirement accounts that were brought into the marriage will be considered separate property. At a minimum, contributions made before marriage will not be subject to division in a divorce, nor will contributions made after legal separation.

Determine the Type of Plan

How retirement assets will be divided will depend in part on whether the plan was a defined contribution plan or a defined benefit plan. With a defined contribution plan, such as an IRA, 401(k) or profit-sharing plan, the participant controls how much is put into the plan, but the amount of the payout depends on the performance of the investments into which the money was placed. With a defined benefit plan, the participant typically receives a fixed benefit based on a formula, which usually factors in earnings and years of service. Employers typically fund defined benefit plans, whereas defined contribution plans are often funded by the employee, with some level of matching funds contributed by the employer.

Identify When the Plan Was Initiated

If the plan was started before you were married, there will likely be a component that is separate property (the value before your marriage) and a component that is “co-mingled”—the increase in value, both from growth and new contributions, during your marriage. Any growth or contributions after the legal date of separation will also be considered separate property.

What is the Value of the Plan?

It’s customarily advisable to have an expert do a valuation of the plan, particularly when you don’t anticipate using it for some period of time. Typically, a defined benefit plan will be easier to value than a defined contribution plan.

How Will Assets Be Divided?

Once the value is determined, the court will attempt to ensure that both parties receive an equitable distribution of the retirement plan value. The courts prefer, if possible, to use an offset to accomplish a fair distribution, giving one party other assets to offset their interest in the retirement plan. For example, a non-working spouse may receive the house and some other property to offset allowing the working spouse to retain all retirement benefits.

If the court cannot find a way to offset the value in the retirement plan, it will typically enter an order that is binding on the company administering the retirement plan, indicating how the retirement assets will be divided. This order is known as a Qualified Domestic Relations Order, or QDRO.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.