Law Office of Joanne Kleiner

Archives for June 2017

Jun 20

How Does Equitable Distribution Work in Pennsylvania?

Equitable Distribution

In Pennsylvania, in a divorce proceeding, the principle of equitable distribution applies to the allocation of all debts and assets accumulated during the marriage. You and your spouse may amicably work out a property settlement, but the court will still have the authority to review that agreement and revise or reject it if there is any perception of duress, undue influence or misrepresentation.

The first thing to understand about equitable distribution is that the word “equitable” means “fair,” not equal. As a practical matter, dividing the debts and assets equally may be the fair way to settle the marital estate, but the court has latitude to deviate from that approach, based on a number of factors, including:

  • How long the parties were married
  • Whether or not either party was previously married
  • The age, health, station in life, sources of income, employability, vocational skills and other needs of each party
  • Any contribution either party made to the other’s education, training or increased earning power
  • Value of any property set apart to each party
  • The standard of living to which the parties were accustomed during marriage
  • The involvement of both parties in building or dissipating marital assets

Whether one of the parties will have physical custody of minor children

It’s also important to know that Pennsylvania characterizes property as either marital property or separate property. Separate property is generally property brought into the marriage by a party, acquired by gift or inheritance, excluded in a valid prenuptial agreement, or acquired after separation. For purposes of equitable distribution, separate property is excluded.

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 05

The Impact of a Custody Battle

custody visitation

Many parents who contest a court’s custody ruling, or who engage in long and protracted proceedings to establish custody and visitation arrangement will tell you that they are doing it “for the benefit of the children.” There are certainly instances where one parent must do whatever is necessary to ensure a safe outcome for children—if there’s domestic violence, alcohol or drug abuse, for example. In most cases, though, their actions are ultimately counterproductive, draining precious resources that could be better spent on the children or on improving their lives.

Here are the most frequent consequences of an unnecessary custody battle:

  • One or both parties spend money they can’t afford to spend—It may be money that would be used to buy clothes and food, to live in a better house, or to fund a child’s college education. Attorney’s fees can be substantial, even if the skirmish is short-lived.
  • The tension and conflict between the parties increases—When you are on opposite sides of an argument, it’s hard to find ways to agree…which is often in the best interests of your children. Not only will it have an impact on your health—medical professionals have long known that stress and anxiety are bad for you—but your kids will be well aware of what’s going on and will feel in the middle (or even to blame).
  • Co-parenting becomes difficult or impossible—Even if the issues you need to resolve involve only your children, it will be hard not to inject some of your dispute or animosity with your ex into the process. In the aftermath of divorce, your children need stability and consistency—a custody battle makes those objectives difficult to attain.
  • Your children will suffer—If you and your ex are taking side, your children will feel compelled to as well. They love both of you, so they’ll struggle to make both of you happy—an unattainable goal.

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.