Law Office of Joanne Kleiner

Archives for April 2017

Apr 19

What Happens to Pets in a Divorce?

When your marriage falls apart, there are lots of things to think about, lots of ways you have to figure out how to divide things. How will your children divide their time with parents and where will they spend their time? How about marital debts and assets? What about the family pets??? —Wait a minute—that’s not one you’d thought about, is it?

pet and separation

Though people seldom factor the pets into a decision whether or not to get divorced, experts acknowledge that, for many people, pets are part of the family. The unfortunate reality, according to the law in just about every state, is that pets are treated like property in a divorce, not like children. If it’s an amicable divorce and you and your ex can effectively work together, you can have “shared custody” of your animals. If that’s not possible, what will most likely happen is that the court order will give the “property” to one of the parties. In fact, a Pennsylvania Superior Court decision in 2003, which is still law in the state, addressed this very issue.

In DeSanctis v. Pritchard, the trial court rejected a couple’s complaint for enforcement of a divorce settlement agreement that included shared custody of a dog. The couple appealed and the appellate court likened the custody agreement for the dog to “a visitation schedule for a table or lamp.” The court ruled that the canine was personal property and that the parties could not have shared custody of personal property.

A recently enacted statute in Alaska gives animal enthusiasts cause for optimism. The Alaskan legislature passed provisions giving family law courts the authority to make decisions in divorce proceedings about companion animals. Essentially, the Alaskan law allows a court to consider the well-being of the animal when determining who will get the pet—the court can consider such factors as who had the closest bond with the animal and who cared for the pet.

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.

Apr 13

Protecting Your Minor Children after a Divorce

Protecting Your Minor Children after a DivorceWhen your marriage has failed, but you have minor children living in the home, one of your priorities will need to be the physical, emotional and mental health of your children. Even though the conflict was between you and your ex, your children were most likely aware of it, and have some emotional wounds that need to be addressed. In addition, you need to be careful not to engage in behaviors that are detrimental to them.

The most important thing you can offer your child in the midst of and after a divorce is your full listening attention. They’ll be scared and uncertain of their future, and will likely have a lot of questions. They may worry that they’ll never see their other parent again. Be honest with them. Don’t sugarcoat the situation or minimize the consequences of the divorce. But also help them understand that you’ll all get through it.

Don’t put your children in a position where they feel forced to take sides. If you still have significant differences with your ex, keep them to yourself. If there are issues you need to discuss with your ex, particularly ones that may be contested and potentially confusing to your children, have those discussions by phone or somewhere and some time when your kids are not present.

Don’t ever assume that your kids are too young to deserve an answer to their questions. Don’t ever tell them “we’ll talk about that more when you are older.” Your kids are trying to figure out what happened and if you don’t tell them, they’ll try to figure it out on their own—and they’ll probably come up with the wrong answer. They may conclude that they were the cause of your divorce.

Don’t ever disparage your ex with your children. It’s okay for them to see that you and your ex don’t agree on everything—that’s a part of life. But avoid statements that demean or belittle their other parent. They love both of you and should never feel wrong for feeling that way.

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.

Apr 13

Divorce and Retirement Assets—Protecting Your Rights

Divorce and Retirement Assets—Protecting Your RightsAre you considering filing for divorce or already a party to a divorce proceeding, where the marital estate includes a substantial amount of retirement savings? For many persons involved in divorce proceedings, particularly later in life, retirement assets are one of the largest components of the marital estate, often exceeding the value of the marital home. Frequently, too, they have been accumulated by only one of the parties. So what happens to those assets in a divorce?

As a general rule, all retirement assets accrued, contributions made or values accumulated during a marriage are part of the marital estate and divided according to law. In Pennsylvania, which applies equitable distribution principles to property settlements in divorce cases, the value of retirement funds must be divided equitably, or fairly (but not necessarily equally), between the parties. When determining what is fair, the court may consider a wide range of factors, including:

  • How long the parties were married
  • Whether either party was married before
  • The age and health of the parties
  • The standard of living to which the parties were accustomed

When dividing retirement assets, though, there can be some challenges related to the potential tax consequences. Because retirement contributions are often made in pre-tax dollars, you must be careful, when taking a distribution from an ex-spouse’s 401k or IRA, that you take the right steps to prevent that distribution from becoming taxable income until you want it to be such. Typically, the way that you do that is through a Qualified Domestic Relations Order (QDRO). A QDRO will allow you to rollover the distribution into your own qualified plan without tax penalty.

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.

Apr 07

Pennsylvania Law Changed to Reduce Waiting Time for No-Fault Divorce

No-Fault Divorce

Last October, Pennsylvania Governor Tom Wolf signed legislation to reduce the waiting period in certain divorce proceedings from two years to one year. The bill applies to unilateral no-fault divorce proceedings, essentially “uncontested” divorce actions. The statute became effective in December, 2016.

Proponents say the new law will provide many benefits for individuals and families in divorce. First, because parties know that their marriage will be dissolved sooner, they can initiate the process of equitably dividing debts and assets much sooner. In addition, children of divorce will spend less time in limbo, as a parent need only wait 12 months before filing an affidavit stating that the marriage is irreconcilable.

Opponents of the bill had argued that the two year restriction allowed a “cooling off” period where spouses might engage in meaningful attempts to reconcile. Proponents successfully asserted, though, that there was no evidence that the longer separation period contributed to any increase in reconciliation. In fact, some proponents felt that the prior law actually had the opposite effect, allowing some to coerce a spouse into dropping a divorce complaint because of the lengthy wait. They also said that the two year waiting period increased the legal costs of the process, as lawyers would bill more hours.

Opponents also contended that shortening the time period would give parties less time to make the necessary transitions to life after divorce, including access to health insurance. Supporters of the bill challenged that concern, saying that one year is plenty of time to make any necessary adjustments.

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.