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May 02

Distinguishing Between Marital and Sole Property

About a quarter of American states have community property rules in which assets and debts are split 50/50. However, Pennsylvania is an equitable division state, which means that marital assets are divided in an equal manner if not necessarily 50/50. Therefore, it is important to know the difference between what is owned jointly and what is owned separately outside of a marriage.

Assets Owned Prior to Marriage Are Generally Sole Property

If you owned an asset prior to getting married, you will generally get to keep it after the marriage ends. For example, if you owned a furniture set before getting married, that would likely be yours to keep in a divorce. However, exceptions can be made in the event that an asset appreciates during the time two people are married.

Asset Appreciation and Commingling Exceptions

When an asset appreciates in value during a marriage, that appreciation is often considered to be a joint asset. For instance, say you had a 401(k) that was worth $1,000 on your wedding day. That $1,000 would typically be exempt from being divided in a divorce. However, if the account was worth $10,000 when the divorce became official, some or all of that $9,000 in appreciation could be eligible to be split in a divorce settlement.

Commingling of funds takes place when joint money is used to maintain a separate asset, such as if you spent $10,000 to upgrade the home that your new husband owned while you two were dating. While the house started out as separate property, it could now be considered a joint asset since both parties have contributed money to its upkeep.

A Prenuptial Agreement Could Determine How Property Is Labeled

A prenuptial agreement is a customized divorce agreement that is created before a marriage even takes place. It allows both parties to the relationship to determine who keeps the marital home or what happens to a business owned by one person in the marriage. It can also determine if property is to be sold instead of one person keeping it for him or herself.

For a prenuptial agreement to be valid, it should be created and signed several months before the wedding. Each party can have a Jenkintown family lawyer review the agreement before signing it. In addition to property division matters, a prenuptial agreement can also help a couple work out whether either party is entitled to spousal support.

Assets Held in a Trust May Be Treated as Separate Property

If an asset is held in a trust, it is generally considered to be owned by the trust. Therefore, it would likely be considered separate property or an asset that is otherwise not allowed to be divided per the trust’s terms. As a general rule, if creditors and tax authorities can’t get at something owned by a trust, a former spouse likely cannot either.

Just as with a prenuptial agreement, a trust’s terms can be reviewed by a divorce lawyer prior to the wedding. If necessary, edits may be made to help strengthen the protection it provides the asset from a divorce.

Inheritances Are Often Considered Separate Property

If you inherit money from a family member, you are generally allowed to keep it in the event that a marriage ends. However, rules relating to the commingling of assets may come into play as they relate to how the cash is treated when the marriage actually dissolves. If you are planning to inherit money or assets, you can also make arrangements to open separate accounts to better track how they will be handled.

Everything Else Could Be Considered Marital Property

Anything else that is acquired during a marriage may be considered joint property that can be divided in a divorce settlement. This includes everything from a toaster set or artwork gifted to a couple at a wedding to a cat that was adopted during the last months of the union. It is important to note that animals are generally considered property, much like a house or a car. However, some jurisdictions have allowed the creation of legally binding pet custody arrangements.

If you need a Jenkintown divorce lawyer, call (215)-886-1266 to learn more about how Joanne Kleiner & Associates can be of assistance. An online intake form is also available to begin the process of finding legal counsel.

Apr 06

Steps Parents Can Take to Help Their Children Through Divorce

Roughly 40 percent of children do not live with or see their father on a regular basis. Not having both parents in a child’s life can have a profound impact on that child’s ability to grow into a successful adult. However, there are things that a parent of either gender can do to make a divorce easier for a son or daughter to process.

Parents Shouldn’t Hesitate to Answer Questions

It is natural for children to have questions about the fact that their parents are no longer together. For instance, they may wonder why the divorce happened, if there is a chance of a reconciliation and if the divorce was their fault. Ideally, parents will reassure the child that the divorce was not his or her fault and that the marriage is likely over for good.

When a parent chooses to answer a question about the end of a relationship, it should be done in an age-appropriate manner. Furthermore, the answer should not paint the other parent in a bad light. Instead, it should focus on the fact that both parents are committed to being there for the child regardless of their feelings for each other.

Be Sure to Establish Consistency

If parents share custody of their children, it is important that they set boundaries and guidelines that are enforced by each person. For example, if bedtime is 9 p.m. at mom’s house, bedtime should be 9 p.m. at dad’s house too. A child custody lawyer may be able to help parents create a plan that can be followed and enforced at all times.

By creating boundaries, a child is less likely to misbehave or feel as if he or she can manipulate either parent. Parents are urged to stick to these rules even if they feel guilty about the breakup. While it is natural to feel empathy for what the children are going through, it does not mean that they do not have to act like civilized people.

Providing Distractions Can Be Helpful

Mothers and fathers can help their child through a divorce by creating distractions for him or her. For instance, a mother could organize a camping trip that lasts for several weeks over the summer. Furthermore, a father could organize a weekly trip to see a minor league baseball team to ensure that the child gets to see that parent on a regular basis. By giving the child something to look forward to, it can help a child adjust to his or her new reality without focusing on the negative event that took place.

Encourage Relationships with Both Parents

Children tend to do better in school and life in general when they have relationships with both parents. Assuming that this will not put the child in danger, be sure to encourage and insist on the child talking to the other parent as frequently as possible. Even if you feel like the other parent is unworthy of your attention, your focus should be on the child and his or her needs while growing up.

Take Care of Yourself

You cannot rely on your children to take care of your emotional needs after the divorce. Instead, you may want to find a therapist or some other source to vent to when you are feeling angry or upset. This will allow you to put on that brave face for your children when they are around.

Focus on the Positives of the Relationship Ending

Although a divorce can be emotionally and financially challenging in the short term, there can be benefits for both the adults and the children in the long term. For example, you may be happier that you are single instead of being in a mediocre marriage. Your child is likely to notice that you are happier, and your son or daughter will also benefit from the lack of drama that took place at home. If you or the child was a victim of abuse, getting out of a marriage by almost any means necessary may be ideal for yourself and for your son or daughter.

If you are looking for a divorce lawyer in Jenkintown, PA, to help handle your case, turn to the law firm of Joanne Kleiner & Associates. Give us a call today for more information or to schedule a consultation. We can be reached by dialing (215)-886-1266 at your earliest convenience.

Apr 02

The Benefits of Divorce Mediation

In a study conducted in 2003, researchers found that 74 percent of people blamed their ex for not doing enough to save their marriage. Research has also discovered that people commonly cite an inability to communicate as a reason why they got divorced. While mediation may not be able to save a marriage, it could make it easier for you to get what you need from a divorce.

Divorce Mediation Sessions Are Conducted by Neutral Parties

The goal of a mediation session is to get both parties talking without fear of being judged or ridiculed. To help facilitate this process, a neutral third party will keep tabs on the participants and take steps to guide the conversation. Both sides are encouraged to speak, and neither side is allowed to take personal shots or say anything that doesn’t help achieve a timely divorce settlement.

Mediation Can Cost Less Than Litigation

It may be worthwhile to consult with a family lawyer prior to signing off on a binding agreement reached during mediation. However, no lawyer is needed during the negotiations themselves, which can keep legal fees to a minimum. Instead, the parties to the divorce will work out their issues and come to an agreement that is best for them. By communicating openly and honestly, a resolution can usually be reached in less time than if a couple chooses litigation while avoiding some or all court costs.

The Participants Themselves Control the Process

When you decide to leave a divorce ruling up to a judge, you might not get a favorable result. Even if the result is favorable, it may not be what either you or the other party to the divorce expected it to be. By creating an agreement through mediation, you will know exactly what its terms are and have a direct say in creating them. As with a judge’s ruling, the terms of a mediation agreement are binding once they have been agreed to and approved.

Preserve Relationships with Parents and Children

While a marriage can come to an end, you still have an obligation to raise your child to adulthood. In most cases, this means working with the other parent to achieve that goal. By engaging in mediation as opposed to litigation, you can learn how to communicate with the other parent in a positive and focused manner.

This can show children how adults come together to solve their problems in a healthy way. If parents learn how to work out their issues with each other, it keeps the children from being exposed to drama. It can also keep them from being used either intentionally or inadvertently as pawns in parental conflict.

Talking Through Problems Can Bring Closure

Even if you don’t have children, mediation can still help resolve emotional or other issues that arose during a relationship. By getting closure, you may be able to learn from mistakes made during the relationship and not repeat them in the future. In some cases, those who believed that their spouse was the reason why the relationship failed will understand how their own actions could have contributed to its downfall. This insight can be helpful in future relationships.

Not All Issues Need to Be Resolved Through Mediation

It is important to point out that not all issues need to be resolved in mediation. For instance, you could decide to create a parenting plan with the help of a mediator while taking property division issues to a judge. You could also choose to deal with property division issues in mediation and ask a judge to determine child custody matters.

If you do work with your former spouse to create a parenting plan either privately or after consulting with a neutral party, those plans are still subject to approval from a judge. However, courts are inclined to go with what the parents feel is best as long as there are no significant issues with their chosen arrangement. Remember, a child custody agreement needs to be in the best interest of the child to be valid.

Parents or others who are looking to use collaborative law or other alternative methods to resolve a divorce can contact Joanne Kleiner & Associates at their earliest convenience. We practice in the areas of divorce law and family law. The phone number for the office in Jenkintown is (215)-886-1266.

Mar 20

The Difference Between Physical and Legal Custody

In 2016, the divorce rate was 3.2 per 1,000 people. While this was down from 4.0 in 2000, divorce still affects millions of families. If you’re a parent who’s going through a separation, it will be important to know the difference between physical and legal custody.

What Is Legal Custody?

If a parent has legal custody of a child, he or she has the ability to make important life decisions on that child’s behalf. These decisions could relate to everything from health care to religious beliefs. Parents with legal custody may also have a say in how their child is educated or disciplined.

What Is Physical Custody?

When a parent has physical custody, it means that the child lives with him or her the majority of the time. It is important to note that the noncustodial parent may still have the right to see or otherwise interact with the child. The child might also spend time at the other parent’s home either during the day or overnight as part of a visitation schedule.

Can Parents Have One Type of Custody Without the Other?

Yes, it is possible that a parent will obtain legal custody rights to a child without having physical custody rights. In a custody case, courts strive to make rulings that are in the best interests of the child. Depending on where the parents live or their work schedules, it might not be feasible for both to have physical custody of the child. However, such rulings may not preclude a parent from being granted legal custody if he or she has the ability to remain actively involved in a child’s life.

Can Parents Share Custody of Their Children?

Depending on the details of a case, it is possible for parents to share both legal and physical custody of their kids. It is also possible that a parent could have sole legal custody while sharing physical custody of a child. In some cases, the parents themselves will decide that one parent is better suited to make decisions for the child even when both are fit to be around the son or daughter. The final agreement will likely come down to the unique circumstances of the family involved.

Who Decides How Custody Matters Are Resolved?

In some cases, the parents themselves will decide how to divide custody of their children. This is determined as part of an overall parenting plan that will both work for them and be in the best interest of the child. However, if they are not able to come to an agreement on their own, a judge will make a ruling. Typically, parents are asked to resolve their differences through mediation or arbitration before asking a judge to make a ruling. A collaborative approach is generally a better option for parents as it will ultimately provide them greater control over the final outcome.

Can Custody Agreements Change Over Time?

It is possible that a custody agreement will change over time. For example, this could happen if one parent has to move to another town or state for a job opportunity or relocate closer to family members. A custody arrangement could also change when the child gets older and is better able to express his or her own living preferences. If a parent is given limited custody rights because of a criminal history or other factors deemed problematic by a court, he or she could gain expanded rights by overcoming those concerns.

The Law Prefers Both Parents Being in a Child’s Life

Assuming that neither parent is a danger to the child, both parents are presumed to play a role in that child’s life. This is because most children grow up to be better adjusted and ready for adulthood when they have two parents in their lives. Such an arrangement is generally created even if the parents don’t get along or would rather have custody or other rights to themselves. A judge or other neutral party may work with the parents to help them overcome their own problems for the sake of being good role models for their children. For the most part, families benefit from a smoother legal process.

If you are looking for a child custody lawyer in Jenkintown, contact our office by calling (215)-886-1266 or by filling out the form on our website. We’re prepared to help you through the process of determining custody rights and visitation schedules.

Mar 10

Relationship-building Tips for Part-time Parents

According to one study by Pew Research Center, fewer than a quarter of fathers who do not live with their children see them more often than once per week. While it is still more common in divorces for mothers to get physical custody and for fathers to have visitation rights, both mothers and fathers who are not the custodial parent may have limited time with their children.

Under Pennsylvania law, “partial physical custody” refers to what some parents might think of as visitation rights. A parent who has partial physical custody has less than a majority of time with the child. The parent who is granted partial physical custody after a divorce may be concerned about maintaining a relationship with the child. However, having less time with the child does not necessarily mean that the relationship between parent and child has to suffer.

There are a number of reasons parents might arrive at a custody agreement that involves one having partial physical custody instead of shared physical custody. If the divorce was through a process of collaborative law, both parents may have reached the conclusion that this arrangement would be in the best interests of the child. For example, one parent may have already been the child’s primary caregiver while the other parent might have worked long hours. Although the arrangement may be difficult for the parent with partial physical custody, that parent might also agree that a custody battle would not serve the child’s best interests.

Best Practices for Making Co-parenting Work

Some of the guidelines for building and maintaining a good relationship with the child are no different from what they might be if the parents shared physical custody. For example, parents should try to work out an agreement with one another that includes consistent rules between households. They should not involve children in their disputes, question the child about the other parent, or badmouth the other parent in front of the child. Instead, each parent should encourage the other’s relationship with the child.

However, a parent with partial custody might face additional challenges that a parent with shared custody might not. The parent may only have alternate weekends and perhaps one weeknight per week with the child. This could cause both parent and child to feel as though the parent is losing touch with the day-to-day aspects of the child’s life.

Tips for the Parent With Partial Physical Custody

Of course, there is no such thing as an actual “part-time parent.” You are always a parent even when you are not physically with your child, but if you are concerned about the quality of your parent-child relationship, these guidelines can help.

  • Be on time. It seems obvious, but failing to keep to schedules is an ongoing issue in many post-divorce parenting relationships. Your reliability shows your child that you care.
  • Don’t always aim to be the “fun” parent. In an effort to make sure your limited time with your child is quality, you might want to plan a special fun activity for every visit. However, the steady, routine activities are just as important: homework help, making dinner, talking about the school day.
  • Show up. This is important not just for scheduled visitation times, but also for games or performances your child is in, parent/teacher meetings, and medical appointments. Look into revising your custody agreement if you are being shut out of these activities.

The Challenge of Blended Families

If you remarry and have more children, it is important that the children from your previous relationship do not feel that they are being erased. This is particularly important if you only have partial custody. There are a few ways to help ensure that this is not the case.

  • Make sure you set aside individual time to spend with your children from the previous relationship.
  • Do not treat your children from the previous marriage differently than the children from your present marriage. Be sure your current spouse is on board with this as well.
  • Work on creating new family traditions that involve all of you.

If you are headed into a divorce and you have children, you may feel anxious about their well-being and what custody arrangements are going to look like. You can contact us at the Law Office of Joanne Kleiner & Associates in Philadelphia at 215-886-1266 for a consultation.