Law Office of Joanne Kleiner

Archives for June 2016

Jun 28

What Grounds May Be Asserted for Divorce in Pennsylvania?

Asserted for Divorce

In Pennsylvania, as in other states, the concept of “no-fault” divorce is available to couples who want to terminate a marriage. The term can be a little confusing, as it suggests that you don’t have to state any reason for seeking a divorce. You must still state ground for your divorce, but there’s no requirement that you allocate blame to one party or the other.

No-Fault Divorce

In a no-fault divorce proceeding, the parties agree that neither spouse caused the divorce. As a general rule, the grounds stated in a no-fault divorce proceeding are that there has been an “irretrievable breakdown” of the marriage, and that it cannot be saved.

No-fault divorce proceedings can take a couple different courses:

  • The divorce may be by mutual consent—Here, both parties agree that the marriage is irretrievably broken, that 90 days have passed since the complaint was filed, and that they consent to the divorce
  • Unilateral no-fault divorce—In this situation, one party files the petition and also submits and affidavit attesting that the parties have not lived together for at least two years and that the marriage cannot be fixed. If the other party does not object to the allegations, the divorce may be granted, even though there’s technically no consent to the divorce.

At-Fault Divorce

Though you don’t have to assign blame in a divorce proceeding, there can be benefit in the division of property or in other aspects of the divorce if you can show the other party to have contributed to the divorce. The specific grounds established for divorce in Pennsylvania include:

  • Adultery or bigamy
  • Humiliation of an innocent spouse, such that marriage is no longer tenable
  • Domestic violence or cruelty, including mental cruelty
  • Abandonment of the relationship for at least one year
  • Imprisonment for two or more years after conviction of a crime

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.

Jun 15

Avoiding the Common Mistakes When Dividing Finances after a Divorce

Division of Property

In the aftermath of a marital breakup, determining how assets and debts will be allocated can be the most challenging task. Without competent legal guidance, there are a number of common miscues that many people make.

Failing to Look at the Tax Consequences of Dividing Property

On the surface, it may appear that you and your ex came out about even, but what about the potential tax ramifications? If one party gets to keep the house and the other party gets retirement plan assets, there can be a significant difference in the value when you actually see the money. Because most retirement plan assets are pre-tax contributions, there will typically be tax consequences upon the withdrawal of funds. However, with the sale of a house, provided the capital gains fall under the allowable amount, there may be no tax event.

Keeping Some Accounts in Common with Your Ex

There’s no good reason to keep any joint accounts with your ex. You’ll want to close all joint bank accounts, credit cards, and investment accounts, as well as any debts/loans, including your mortgage. Don’t forget to change the beneficiary on life insurance policies, annuities, retirement accounts and investment portfolios, unless you want the proceeds to go to your ex in the event of your death.

Making Financial Decisions Based on Emotional Attachments

In general, property is just property and can be replaced. The minute you start attaching emotional value to items of personal or real property, you put yourself in a position to be exploited.

Failing to Take the Time to Identify and Locate All Debts and Assets

A recent study found that nearly 20% of recently divorced people admitted to hiding a bank account or other asset from a spouse. Don’t let your desire to be done with the process let you get the short end of the stick.

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.