Law Office of Joanne Kleiner

Archives for February 2016

Feb 24

Property and Divorce in Pennsylvania

Moving boxesPennsylvania is what is known as an “equitable distribution” state when it comes to the division of marital debts and assets pursuant to a divorce. Essentially, that means that, if the parties cannot come an agreement on their own with respect to how marital property will be allocated, the court will attempt to divide the property “equitably” or fairly, but not necessarily equally.

When the court attempts to discern what is fair or equitable, the judge can consider a wide range of factors, including:

  • How long the parties were married—generally, the longer the marriage, the more likely that the property will be divided equally
  • The respective ages, health, income, work skills, ability to be gainfully employed and assets of each party
  • Whether or not one spouse contributed to the other’s education, training or increased earning power by maintaining the home or giving up a career to allow the other spouse to advance
  • The total income sources for both spouses, including access to retirement funds, medical insurance, annuities and other revenue
  • The value of any property that belongs only to one spouse
  • The extent to which each spouse increased or decreased the value of marital property
  • The future opportunity of either party to obtain assets or increase income
  • The standard of living to which the parties were accustomed during the marriage
  • Whether or not one party has custody of minor children

The court will not factor in any allegations or evidence of adultery, domestic violence or other marital misconduct. Furthermore, until the divorce is finalized, the court may make any temporary property allocations, including a determination as to who may live in the marital home.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Feb 10

Fighting Parental Alienation in Pennsylvania

Fighting Parental Alienation

In the aftermath of a divorce, when emotions are still raw, you can have an overwhelming desire to punish your ex-spouse. Often, unfortunately, that can take the form of disparaging your spouse in front of your children or taking actions designed to minimize or alienate your child’s affections for the other parent. It frequently works, causing the child to resist visitation. Even when it doesn’t work, it can have a devastating impact on children, who feel caught in the middle.

Ways to Protect Yourself from Alienation of Parental Affection

One of the first ways to protect yourself from parental alienation is to ensure that you get joint or shared legal custody as part of the divorce decree. Legal custody refers to decision-making about the important aspects of your child’s life, such as discipline, education, health and religious training. Joint legal custody ensures that one parent doesn’t make all those decisions to the detriment of the other parent.

If you have joint legal custody, but your ex-spouse either refuses to recognize it or engages in behavior that is contrary to the court order, you can ask the court to find your ex-spouse in contempt. The signed divorce decree is a court order with the force of law and the violation of that order can result in sanctions from the court, including fines and even jail time.

Another way to try to prevent parental alienation by your ex is through a protective order. Typically, protective orders are put in place to address instances of domestic violence or abuse, but the court has the discretion to either issue an order that specifically addresses parental alienation or include provisions prohibiting that behavior in any other protective order. Violation of a protective order is generally considered contempt of court and can result in fines and/or incarceration.

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.