Law Office of Joanne Kleiner

Archives for December 2016

Dec 20

Important Terms to Understand in a Pennsylvania Divorce-Part Two

Divorce Part Two

When you become involved in a divorce, you’ll be exposed to the legal system, where many of the terms used may seem like a foreign language. In an earlier post, we looked at what a divorce complaint is and what it includes, as well as the concept of equitable distribution. Here are some additional terms that should know and understand.

  • A qualified domestic relations order (QDRO)—A qualified domestic relations order is a legally enforceable document customarily used to address the distribution of retirement plan assets during a divorce proceeding. A QDRO can be used to divide IRA, 401k, and other pension funds. One of the key benefits to using a QDRO is related to taxation of the funds. As a general rule, when you withdraw funds that you contributed on a before tax basis, you must recognize tax on the withdrawal. However, with a QDRO, funds from a qualified plan can be transferred without any tax consequences. The party making the tax-free transfer may set conditions on access to the funds, limiting the recipient from withdrawing until the transferor begins to withdraw. The transferor may also limit who can be named as a beneficiary of the funds.
  • Final divorce decree—When the parties have come to a resolution of all issues related to a divorce, whether through a negotiated settlement, mediation, the collaborative divorce process, or trial, the divorce is still not final until a final decree, or order, is drafted, approved and signed by the judge. The final decree will identify specific details related to custody and visitation, child support, spousal support or alimony, and the division of marital property. Both parties will be entitled to a copy of the final divorce order. Violation of any of the terms of the order can be the basis for contempt proceedings against the violator.

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.

Dec 12

Important Terms to Understand in a Pennsylvania Divorce-Part One

Divorce-Part One

Your marriage has ended and you have no recourse other than to file for a divorce. If you’ve never been involved in a divorce before, you’re going to encounter a lot of language that’s foreign to you. Here’s an overview of some of the common terms that are used in a divorce proceeding.

  • Complaint—The divorce complaint is the official document that is filed with the court. The complaint identifies the plaintiff (the person filing the document) and the defendant (the person from whom the divorce is sought. The complaint asks the court to legally terminate the marriage, stating specific grounds. In most instances, in what is known as a “no-fault” divorce, the filing party does not attribute blame to the defendant, but simply tells the court that the marriage is “irretrievably broken.” The complaint also identifies what the plaintiff wants with respect to custody and visitation, support and the division of marital debts and assets.
  • Equitable distribution—As a part of the divorce proceeding, the parties must divide the debts and assets acquired during the marriage, a process also referred to as a property settlement. There are generally two different ways a state may do that—through community property laws or through equitable distribution. Pennsylvania is an equitable distribution state. That means that, when it comes time to divide property and allocate debts, the court will consider a number of factors, such as age and health of the parties, length of the marriage, and potential earning capacity, in order to determine what’s equitable (or fair). The ultimate distribution need not be equal, only fair.

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.