Law Office of Joanne Kleiner

Archives for January 2020

Jan 18

Why Some Couples Legally Separate

Divorce vs. Separation

Approximately 87 percent of married couples that separate eventually divorce. When a married couple separates, they decide to live apart without necessarily dissolving the marriage at that point. Couples may have an informal or trial separation to live separately while deciding if divorce may be an appropriate option, while others part ways with the full intent to make their departure legal by divorcing.

How Do Married Couples Separate Legally?

Legal separation is an official order issued by a court that describes the duties of both parties while they are separated but still legally married. To begin the process of legal separation, one party must file legal separation papers at a local courthouse. Couples who wish to file for divorce are generally not required to file a legal separation first. Once a couple has decided they will never reconcile, their separation is termed a permanent separation. Parties who wish to separate should each contact a trustworthy Pennsylvania divorce attorney to discuss the legal separation process more thoroughly and to properly file the required paperwork in court.

Similarities Between Legal Separation and Divorce

In most cases, a separation will have little legal impact. However, legal separation can bear some similarity to divorce. Similar to in a divorce case, when making determinations in a legal separation case, the court decides matters concerning property division, child custody and visitation, and maintenance. In legal separation cases, the court determines the amount spouses will receive in maintenance payments that are similar to alimony. The court also decides how much parents will pay in child support during the separation. Prior to separating, each party should obtain his or her own legal counsel. Legal separation proceedings generally involve the same critical matters couples are required to address during a divorce. Therefore, both parties should enlist the help of an attorney to ensure their needs and desires are represented throughout the legal separation proceedings.

Differences Between Legal Separation and Divorce

One major distinction between legal separation and divorce is that divorce legally dissolves a marriage. Dissolving the marriage may be an advantage to couples who simply wish to legally go their own separate ways entirely. However, some parties may find legal separation advantageous because the process allows one or both parties to retain certain legal rights and economic benefits. Legal separation allows one party to continue to be covered by his or her spouse’s health insurance and social security benefits. Neither party may legally remarry during a legal separation as they remain married as a matter of law. Spouses who are legally separated remain each other’s next of kin. Therefore, they may continue to make medical and financial decisions for each other. Spouses may be responsible for each other’s debts and liabilities during a legal separation, whereas these matters would otherwise be settled during divorce proceedings. Marital property rights also remain intact if a couple is legally separated. Therefore, each party retains rights to one another’s property in the event of the death of one of the spouses.

Permanent Separation Representation in Jenkintown

If a couple separates and decides not to reconcile, their separation becomes permanent. In most states, property and debts acquired after a permanent separation are typically viewed as unshared by the separated couple. An exception may exist for debts and properties either party acquires for the purpose of being used by the two parties’ shared family necessities. Examples of family debts may include house payments, household maintenance expenses, and childcare expenses. Unlike a permanent separation, property and debts acquired during a trial separation are generally viewed as jointly owned. A trial separation is distinguished from a permanent separation by the absence of a formal decision for the couple to remain apart. The lines between a permanent separation and trial separation period may become blurred in some cases. Therefore, couples are urged to consult a Pennsylvania divorce lawyer when considering a legal separation in PA.

Contact a Pennsylvania Divorce Lawyer

If you are considering filing for a legal separation in PA, our staff is available to serve you during your critical time of transition. Our attorney understands the delicate nature of divorce and separation. Therefore, we handle each case to the best of our ability with our clients’ needs in mind. Call the Law Office of Joanne Kleiner in Jenkintown at (215) 886-1266 to receive a case evaluation free of charge.

Jan 15

How to Change Custody in Pennsylvania

The Process of Altering or Amending a Child Custody Order

While divorces in Pennsylvania have been on a steady decline since the early 1990s, they still happen and can be tough on families. During the course of divorce proceedings, one of the most contentious areas involves child custody, and after the end of a marriage is finalized, child custody oftentimes remains a contentious issue between the former spouses. If you’ve found yourself in a dispute surrounding altering or amending an existing child custody order, you undoubtedly have an array of questions and concerns, so you need to understand some of the basics associated with changing an existing child custody order.

Legal Standard to Change a Child Custody Order

In the commonwealth of Pennsylvania, a specific standard is applied when it comes to altering or amending an existing child custody order. In Pennsylvania, what is known as the “best interests of the child” standard is utilized in a situation in which a change in child custody is at issue.

A change of custody is nearly always raised by one of the parents. People do have an interest in the custodial arrangements pertaining to their children. However, in the final analysis, the paramount consideration in Pennsylvania is whether altering an existing custodial arrangement will serve the best interests of the child.

When considering a requested change of custody in light of what is in the best interests of the child, a court considers the specific facts and circumstances that are unique to a particular case. The factors that the court will consider commonly include the:

  • Physical, psychological and emotional health of the parents
  • Physical, psychological and emotional health of the child
  • Living situation of the parents
  • Historic and current involvement of each parent in the life of the child

The court will also look at how long the existing custody order has been in place as well as the underlying reasons why the request for the change was made. For example, a noncustodial parent might seek a change of custody in a situation in which the custodial parent begins to suffer severe health problems that directly impact his or her ability to provide primary care for his or her child.

Material Change of Circumstances

In Pennsylvania, maintaining a stable environment for children following divorce is a primary consideration. As a result, a custodial arrangement will not be changed willy-nilly. Rather, the underlying reason for a change of custody needs to be significant. The significance of the reasons underpinning the desire to alter custody must rise to the level of a material change of circumstances. Stated another way, the best interests of the child can only be satisfied if custody is changed.

Agreement to Change Custody

In some situations, parents agree to change an existing custody arrangement. It is preferable for parents to be able to resolve issues between themselves without the need for further litigation. Nonetheless, even when both parents agree to a change to the original custody agreement, that alteration must be in the best interests of the child. A judge must approve the proposed custody change and then issue a new custody order. A judge nearly always approves an agreed-upon change in custody unless the proposal clearly does not serve the best interests of the child.

Protect Your Legal Interests in a Child Custody Case With a Jenkintown Divorce Lawyer

Not only is a child custody case emotionally charged, but it can also be legally complex. Thus, if you are dealing with child custody issues after a divorce, you are wise to seek the advice and assistance of a skilled, experienced Jenkintown divorce lawyer, like a member of the tenacious legal team at the Law Office of Joanne Kleiner. Schedule an initial consultation with a child custody lawyer by calling our firm in Jenkintown at (215) 886-1266. Bear in mind that one of the best ways you can protect your interests is by seeking legal counsel whether you want a change of custody or are attempting to prevent an alteration in a custodial arrangement.