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Nov 24

Marital Property Laws That You Should Be Aware Of

What You Should Know About Division of Property When Divorcing

When you’re about to file for a divorce, one factor that you’ll need to take into account is how the property is going to be divided. The divorce rate for Pennsylvania in 2016 was at 2.6 divorces for every 1,000 people, which is a number that has remained consistent over the past decade. If you are looking to file for a divorce and would like some advice on what the process is like, call our family lawyers today to get started.

What Constitutes Marital Property?

Marital property in the state of Pennsylvania refers to any asset that was acquired during the marriage by either party. Any item that was acquired between the first day of your marriage and the first day of your separation would be considered marital property. Non-marital property includes:

  • Items that were acquired before the marriage by either spouse
  • Assets that were acquired by inheritance or gift at any point before or during the marriage, which does not include gifts that were provided to one spouse from the other
  • Assets that were acquired following the separation

Even though these are the general guidelines that determine what constitutes marital property, the court typically has the final say.

How Marital Property Is Divided During a Divorce

Married couples who are divorcing have the option to create an agreement on how they would best like to divide their property, which is referred to as a property settlement agreement. This agreement is then provided to the court, after which a judge will place the agreement into their final decision on the divorce. Although the court takes these agreements into consideration, they aren’t always ironclad. Couples who are unable to agree on how to divide their marital property may have their case taken to the court.

One of the largest components that determine how property is divided is the value of the property and assets. The married couple will need to identify how much these assets are worth before going forward with an agreement. The worth of an asset is directly impacted by a variety of factors, the primary of which is the current and fair market value of the item. The fair market value refers to how much money that you could receive at the current time when selling one of these assets, which can include vehicles and homes.

Court Considerations for Marital Property During a Divorce

Unless you have a prenuptial agreement in place prior to the marriage that identifies how marital property will be divided, the court will take a wide range of considerations into account when determining how to divide the property. The term used by the courts is equitable distribution, which means that the division of the property will be fair to both parties. Some of the main factors that are considered by the courts include:

  • How long the marriage lasted
  • The vocational skills each spouse has and their ability to obtain employment
  • The education, sources of income, age, and health of each spouse
  • Whether or not each spouse has been previously married
  • The number of assets, needs, and debts that each spouse has

These are just a small number of the various considerations that might be taken into account by the courts. Everything from the reduction in value of marital assets to the standard of living that each spouse expects will also be taken into account. One factor that isn’t considered by the courts in Pennsylvania is marital misconduct. However, if the misconduct caused major financial issues with the value of any marital property, it may be taken into consideration. If you have any questions about how the courts divide marital property, our family lawyers are here to answer them.

If you’re seeking a divorce and you would like some assistance with the finer details of your case, call one of our family lawyers today at our practice in Jenkintown at (215) 886-1266.

Nov 21

How Mediation Can Be Used With Child Custody Situations

The Process of Mediation With Child Custody Cases

One of the largest issues to be tackled in a divorce is child custody, which is something that can be difficult for each spouse to agree upon. In 2017, there were more than 825,000 divorces in the U.S., many of which involved such issues as child custody and child support. If you have children and you would like some help ironing out the details with your child custody arrangement, call one of our child custody attorneys today.

What Is the Mediation Process?

Mediation is a process that’s commonly used in uncontested divorces, which means that both spouses believe that they can reach a settlement without disagreement. This is a type of procedure wherein both spouses will discuss all of their current disputes and disagreements with a third-party mediator in an attempt to come to an agreement about these issues. The third party who acts as a mediator is meant to be wholly unaffiliated with either spouse.

While there is a wide range of cases that can go through mediation, child custody is a primary focus of many mediation procedures that occur with a divorce. The role of the mediator in this process is to handle discussions about the child custody while also coming up with solutions that can help resolve the primary dispute. Even though the mediator does not have the power to directly settle the disagreement themselves, they can help push the spouses toward having civil discussions.

How Does Mediation Work With Child Custody?

Mediation with child custody agreements works in much the same way as other forms of mediation. The parents of the child will have discussions with a third-party mediator as opposed to taking the case to court. Mediation can either be done with both parents in the same room or in separate rooms depending on preference. One of the most common ways in which mediation is used with child custody cases is when the parents or guardians are able to agree on most aspects of the child custody agreement but disagree on a couple of the particulars. The mediator will attempt to reach a middle ground with both parents on the smaller aspects of child custody. A successful mediation procedure is determined by whether or not the parents agree on every aspect of child custody. If they do not, the custody case will likely go to litigation.

Primary Benefits of Using Mediation

When you are considering using the mediation process for the child custody agreement between you and your spouse, there are a variety of benefits that can be derived from this process. For one, the mediator won’t be on any side, which means that the parents or guardians of the child are able to speak freely during the mediation. Mediation may also be able to help the parents of the child communicate more openly, which can be beneficial for the child’s future.

This process also does not involve expert witnesses in the same way as court cases do, which is one of the reasons as to why the process is usually a short one. Even though the decisions and agreements that are made in mediation aren’t typically legally binding, they are usually adhered to by a court. The various factors that will need to be agreed upon in a child custody plan include:

  • The type of custody
  • Living arrangements with the parents and the child
  • A visitation schedule
  • How the holidays will be spent
  • Where the child will obtain education
  • When and what types of vacations can be taken with each parent

After a plan has been created and signed by each parent, it usually goes through a short finalization process.

If you are filing for a divorce and you would like to know more about your legal options regarding child custody in Pennsylvania, call one of our child custody attorneys at our law office in Jenkintown today at (215) 886-1266 to set up a consultation.

Oct 29

How a Child Custody Attorney Can Assist With Your Case

A Child Custody Lawyer May Help You Resolve Disputes

Contested child custody cases can be extremely stressful, especially if you and the other parent cannot agree on fundamental parts of a parenting plan such as visitation scheduling, education or religious training. An attorney may be able to assist you in achieving a solution.

What Is a Paternity Case, and How Does it Involve Child Custody?

A paternity case involves the adjudication of father’s rights. There are generally two parts to a paternity case. First, a judge must declare that the man in question is biologically and legally the father of the child who is the subject of the litigation. Next, a judge may make decisions regarding visitation and child custody, including granting the father primary custody if appropriate.

A paternity case can be filed by the biological mother or father or by the Office of Child Support Enforcement. In some cases, the mother of the child may request a DNA test, or she may sign paperwork acknowledging paternity. Just because a father’s name is on a birth certificate does not necessarily mean that he is entitled to visitation rights. A paternity case must be opened for him to be legally declared the father and granted all the rights to which he is entitled. He may also be ordered to pay child support.

Should I File for Child Custody First or Wait Until I Am Served with Paperwork?

If you are separated and your spouse has mentioned that he or she may file for divorce and ask to be awarded custody, you may wonder if you should file first. It is a good idea to speak to a child custody lawyer about your options. In some cases, it can be beneficial to go ahead and file for an adjudication of child custody because the plaintiff in a civil case usually gets to present his or her side before the defendant does.

What is Temporary Child Custody?

In some cases, a judge will sign a temporary order that will remain in effect until a final order is entered. In many cases, both sides will agree on the specified terms. A temporary hearing may be set very early in the case so that important issues can be decided before a final hearing. A final hearing usually lasts longer than a temporary hearing so any evidence that was not presented initially can be offered at this time.

Can Child Custody Be Modified After the Judge Signs a Final Order?

Child custody can be modified at any time if there has been a material change in circumstances. If the change affects the health or safety of the child, an emergency order may be requested. Circumstances might be considered materially changed if one parent moves or gets remarried. An emergency situation could exist if there is suspicion of child abuse or a parent is arrested for a serious offense.

If I Am Behind on Child Support, Can My Ex-Partner Deny Me Visitation?

Child support and visitation matters are separate. You cannot withhold child support if you are being denied visitation, and your ex-spouse cannot deny you visitation if you are behind on child support. One option for those that have been denied visitation, is to file a petition with the court for the other parent to be held in contempt. That parent may be punished for not obeying previous court orders. If the judge believes that visitation is being denied against the best interests of the child, it may even be a reason for modification of custody.

What Should I Do if I Have Questions About My Pennsylvania Child Custody Case?

If you have legal questions about your child custody case, call Joanne Kleiner & Associates. Joanne Kleiner is an experienced child custody lawyer who will work hard on your case at every stage of the proceeding. Contact our Jenkintown office at (215) 886-1266 today. You can also schedule a consultation online.

Oct 25

Common Questions Concerning Spouse Maintenance

Spousal Maintenance and the Options

On average, there are more than 35,000 divorces and annulments each year in Pennsylvania. That results in thousands of new people annually who may be entitled to some form of spousal support. In this state, there’s no entitlement, and whether a person receives support is solely up to the discretion of the court.

Is Alimony Limited to Women?

No, it is not. Whether a person is or is not entitled to support is not based on gender. While alimony has traditionally been money paid from an ex-husband to an ex-wife, this is an outdated notion. Men can receive support from women, and support applies to same-sex marriages as well. Statistically, men are less likely to receive support, and there may be many reasons for this, including:

• Traditional gender stereotypes
• Women being more willing to contest it
• Judges influenced by unconscious biases

Can a Prenuptial Agreement Affect Postmarital Support?

If a state allows a prenuptial agreement to dictate spousal support or allow the right to such support to be waived, then yes. In these instances, entitlement – or lack of – is dictated by the contract that both parties have agreed to, and judges are unlikely to overrule that without extenuating circumstances.

What Is Rehabilitative Support?

Rehabilitative support is also called durational support, which means that payments are made for a certain period. Often, a judge will determine that one spouse is not required to maintain the other’s lifestyle forever but just long enough for that person to become self-sufficient up to that level. This kind of support is also often awarded to stay-at-home parents, and the duration of such cases is often until the youngest child becomes 18 years old. Just because support has a termination date doesn’t necessarily mean it ends then. The decision can still be reviewed and amended by the courts.

What Is Permanent Support?

Permanent support is when one spouse pays spousal support until he/she or the other spouse passes. Awarding permanent support means that the judge deemed that one spouse is responsible for maintaining the other’s lifestyle forever. This is often reserved for marriages longer than seven years and when a spouse played a considerable role in helping the other achieve his/her success. It’s possible for permanent support to be terminated or suspended, such as when the spouse receiving support marries or even cohabitates with another.

What Is Lump-Sum Support?

Lump-sum support is a fixed amount paid from one spouse to the other, and it usually has no restrictions regarding situation, such as remarriage, cohabitation or self-sufficiency. Such agreements and decisions are often in lieu of a property settlement. Lump-sum support can also be used to ensure that a certain amount of money is paid to a spouse’s estate after his/her passing.

What Is Temporary Support?

Although rehabilitative or durational support is temporary in a sense, it’s not the same thing as temporary spouse maintenance. Such support is common when a couple separates on a trial basis or have separated but not yet finalized the process. Such support can be an agreement made between the spouses and not involving the courts at all. If the agreement is filed in court, a judge will determine if the agreement is fair and may adjust it as he/she sees fit.

Are There Tax Ramifications?

Yes. The U.S. federal government views spouse maintenance as income. The spouse paying that income is therefore generally allowed to use that payment as a deduction. The spouse receiving that income, on the other hand, must pay income taxes as with any other source of income earned.

Get the Legal Assistance You Need Today

If you’re faced with the prospect of paying or receiving spousal maintenance due to a separation or divorce, assistance from an attorney that focuses on Pennsylvania family law can make a big difference. Joanne Kleiner & Associates has handled many such cases, so contact us today online or by calling our office in Jenkintown at (215) 886-1266.

Sep 25

How Collaboration Results in Better Divorces

Collaboration and the Future of Divorce

The International Academy of Collaborative Professionals is a community of legal, financial, mental health and other professionals committed to utilizing a collaborative approach to conflict resolution. The IACP now comprises thousands of attorneys who focus on collaborative law. The organization predicts that collaboration will become the default approach to divorce in the U.S. as it becomes more accessible and gains more visibility.

What Is Collaborative Law?

This type of law essentially is a more structured approach to mediation. Each party has his or her own representation, and those representatives work with the parties to assemble a support team. That team assists the parties in moving toward the desired resolution in a manner that serves everyone well. In the domain of divorce, it is a means through which a married couple can separate legally without the involvement of the court in a way that has the children’s and each other’s best interests in mind. The support team for a collaborative divorce will include legal representation, but it can also include:

  • Tax experts
  • Social workers
  • Child specialists
  • Financial advisors
  • Real estate evaluators
  • Mental health professionals

Benefits of the Collaborative Approach

Collaborative divorces are suitable for opposite- and same-sex couples, and they can be particularly desirable in the latter due to the additional challenges often present in same-sex divorces. This process involves a team working together to achieve the best possible resolution for everyone involved. That may sound like it requires a lot of money, but the reality is that litigation is quite expensive and often costs much more than collaboration no matter how diverse the support team. The collaborative process does require that everyone be present, involved and committed to working together. When those conditions are met, there are many ways that this process can be beneficial. Some of the additional advantages of collaborative divorces include:

  • The ability to preserve relationships
  • Cheaper costs and less time
  • Lack of court-imposed deadlines
  • Resolutions remain private
  • An emphasis on areas of mutual benefit
  • Agreements made in a forward-focused manner

Collaboration Versus Mediation

Both collaboration and mediation provide a non-adversarial vehicle for divorce. Collaboration is often viewed as a more structured form of mediation. Mediation, therefore, can be viewed as providing more flexibility. After all, it only requires three parties: an attorney and the divorcing couple. That structure, however, provides many benefits, such as having a mental health professional ensure that the couple and the children are going through this process in a manner that is healthy for them now and also over the long term. Perhaps another way to appreciate the difference is that mediation focuses on the efforts of the mediator while collaboration focuses on the efforts of the couple.

Collaboration Is Not Necessarily Easier

When it comes to divorce, teamwork generally produces more productive results. IACP statistics show that most collaborations conclude in under nine months while cases involving mediation and/or litigation take much longer on average. That does not mean that collaboration is easy. A collaborative divorce can require a lot of hard work. Nevertheless, that hard work is channeled in a positive way toward establishing the basis for everyone involved to have healthy relationships post-divorce.

The Future of Collaboration

Collaboration has achieved so much success in domestic relations in recent years that there has been a movement to apply these concepts in other domains. The U.S. government has started to train federal employees in this field, and other legal areas where this is being explored as an alternative dispute resolution tactic include probate and real estate.

Explore a Collaborative Approach Today

If you and your partner have decided to separate or divorce, then collaborative law can give you control and provide the tools and resources to move forward in a happy and healthy manner. At Joanne Kleiner & Associates, we focus on Pennsylvania family and divorce law and have helped many couples achieve a mutually beneficial resolution. Contact us online, or call our office in Jenkintown at (215) 886-1266 today to set up a consultation.