Law Office of Joanne Kleiner

Archives for September 2016

Sep 15

Court Addresses Issue of Mental Competency in Divorce Proceeding

Gavel and Rings

A Kentucky court has been asked by an 88-year-old man to end his marriage, but there’s a real catch. It turns out that his wife is also his legal guardian, a role she assumed eight years ago when the man was declared mentally incompetent.

Elmer Riehle says that a few “bad financial decisions” were all the evidence used by the court to make the declaration of incompetence. His wife, Carolyn, insists that he can’t be trusted to manage his own affairs and is prone to investing in “internet overseas pyramid schemes.” Elmer, who was diagnosed with dementia in 2013, just before he filed for divorce, wants the court to end the marriage and the guardianship.

Under Kentucky law, Elmer must first show that he is mentally competent. The state has banned divorce proceedings involving mentally incompetent persons since 1943. In Pennsylvania, as in most other states, a mentally incompetent person can file for divorce, but only through a guardian.

Elmer’s attorney says that he has ample proof that Elmer was mentally competent when he filed the divorce complaint:

  • Elmer found and retained the lawyer by himself
  • He verified all the information in the divorce petition without any assistance
  • He drove himself to all his meetings and court proceedings
  • Elmer is left at home every day without supervision or care, as well as when his wife goes on vacation without him

Elmer’s attorney says the case is less about money and mostly about Elmer’s right to manage his own affairs. He says that Elmer gets Social Security and has a small annuity through the Knights of Columbus, but no other income. Carolyn, on the other hand, makes $50,000 a year as a nurse, and says that without her control of the finances, Elmer would spend the couple’s money on “get-rich-quick schemes, scammers and predators.” She says that Elmer’s attorney is just the latest in a long line of people trying to take advantage of Elmer.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment with an experienced Pennsylvania high net worth divorce attorney, 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.

Sep 06

The Contested vs. Uncontested Divorce

Uncontested Divorce

When your marriage has ended and the only way forward is through a divorce filing, there are generally two ways that can proceed—as a contested divorce or as an uncontested divorce.

In an uncontested divorce, the party on whom the divorce complaint is filed (technically, the defendant) does not challenge the allegations in the complaint. That may come about because the defendant elects not to respond at all to the complaint for divorce. In such circumstances, the party who filed the complaint will typically be entitled to what is known as “default judgment.” In other situations, the party upon whom the complaint was filed may answer the complaint, but raise no objections. In either instance, the court will subsequently enter a divorce decree or order, identifying the terms of custody and visitation, support and the distribution of property.

With a contested divorce, though, the process is very different. A divorce becomes contested when the party upon whom the complaint is filed responds, challenging any assertion in the complaint. The divorce proceeding then moves forward toward trial. On the way to trial, a number of things can happen to terminate the process:

  • The parties can negotiate a settlement
  • The parties can use mediation to resolve their differences
  • The parties can reconcile and the complaint can be withdrawn

If none of these events occurs, the parties will typically go through a discovery period, where both sides gather evidence to support their claims. During this period, depositions may take place and parties may be required to produce documents, such as financial records. The court will likely encourage the parties, throughout the discovery process, to find a way to settle the disputes without a trial.

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.