Law Office of Joanne Kleiner

divorce attorney pennsylvania

Aug 22

Will a PA Court Hear My Contested Divorce During the COVID-19 Crisis?

Pennsylvania Courts Have a Backlog That Will Affect Contested Divorces

While Pennsylvania has among the lowest divorce rates in the country (9.2% according to 2017 data), there are still thousands of cases on the dockets at any given time in the state. The COVID-19 crisis has put a halt to many in-person court proceedings, and courts have yet to resume these proceedings except on a very limited basis. As a result, you can expect your contested divorce hearing to be delayed for some time.

Courts Are Struggling to Accommodate In-Person Hearings

Courts will eventually hear contested divorce cases, but in-person trials are still a bit in the future. This could make it difficult to conduct a full trial with witnesses and evidence. For the foreseeable future, contested divorce hearings would still be delayed as courts will struggle to accommodate these logistically. Moreover, judges are still clearing their backlog of urgent custody matters that they were not about to reach during the height of the pandemic.

Pennsylvania courts are limited as to what types of proceedings they can conduct right now due to the pandemic. Across the Keystone State, courts are opening on a limited basis. However, for the time being, most judges and court personnel are operating remotely. Only the most urgent matters are being dealt with on an in-person basis right now. Other than that, each jurisdiction is proceeding differently. For example, Philadelphia has canceled all in-person hearings through the end of the year but will conduct protracted hearings remotely over video conference.

Divorce Hearings Often Come Last

This will likely mean that judges have more pressing matters to get to before they reach a contested divorce case. For example, a family court judge may first want to handle emergency custody petitions or matters where the welfare of a child could be in jeopardy. This may require an in-person hearing.

However, contested divorces are not viewed in the same light. Most divorces will end up settling before they reach a court hearing. Judges often view contested result hearings as matters where the two parties simply cannot get along and agree with each other. These are hearings that judges do not like to schedule even when there is not a pandemic. This sentiment will only be enhanced now that court resources are very limited.

Nobody Knows How Long the Backlog Will Last

If you are wondering how long the backlog may last, it is really anybody’s guess. Family court matters are continuing to pile up as judges maintain limited schedules. Even when judges begin to clear their case backlog, their priority will not be contested divorce hearings. These will generally get pushed to the back of the list. If any emergencies are at issue such as custody matters, judges may schedule a remote hearing as opposed to an entire trial in person.

It is very difficult for the court to conduct an entire contested divorce hearing remotely with witnesses and your divorce lawyer. Coordinating a virtual trial with witnesses and other evidence will be a tall task for a court, even though this is how courts intend to hear cases for the foreseeable future. As a party to a divorce trial, you may not even want a remote divorce hearing to decide your case due to the difficulty of arguing your case. Even if it is possible, there is still a substantial backlog.

As a result, your best bet as a divorce litigant is to try to mediate or settle the case without the need for a judge to conduct the trial. If there was ever a time for collaborative divorce or settlement, now is it. Of course, even though analysts always urge you to avoid a trial, we recognize that it takes two to work together to settle the divorce. However, you should understand that going to court will mean that your divorce will take much longer to resolve. This could impact property division and other issues.

To learn more about the status of the courts and how it could affect your divorce, contact the divorce lawyer Joanne Kleiner at (215) 886-1266 to set up a consultation. Our office is located in Jenkintown, PA, but we’re taking social distancing measures to serve clients remotely.

Dec 14

Fault and No-Fault Divorce in Pennsylvania

Understanding Types of Divorce in Pennsylvania

When married couples decide to separate in Pennsylvania, there are several different grounds for divorce they could consider. While more people used to file suits for divorce against their spouses, it’s now more common to opt for a no-fault divorce or a divorce by agreement. Since there are many different reasons for choosing a specific type of divorce, it’s important for a soon-to-be ex to partner with a divorce lawyer.

Fault and No-Fault Pennsylvania Divorce

The broadest types of divorce available in the commonwealth are fault and no-fault divorces. Each type of divorce available in Pennsylvania is processed differently, depending on the grounds for the separation. A Pennsylvania family law attorney can explain each option based on your unique situation and make recommendations about which grounds may be most appropriate for your case. The main differences are as follows:

  • In a divorce based on fault, one spouse sues the other for divorce and must prove the grounds claimed as the cause of the action in court.
  • In a no-fault divorce, one or both spouses may file the divorce action, but the case is not based on specific grounds.

Understanding Fault Divorce Options

Pennsylvania’s divorce code allows for divorce on the basis of certain grounds and generally recognized problems for which one spouse bears the burden of responsibility. These are the oldest types of divorce available in the laws of the commonwealth and have been adopted from classic English common law. Modern grounds for a fault divorce are available to either spouse in a marriage regardless of gender. The six grounds for a fault divorce in Pennsylvania are the following:

 

 

  • Willful and malicious desertion: Under these grounds, one spouse has left the other for at least one year.
  • Adultery: In this case, one spouse cheated on the other.
  • Cruel and barbarous treatment: This refers to one spouse endangering the other’s life or other types of serious abuse.
  • Bigamy: Under this ground for divorce, one spouse was already married when he or she married the other.
  • Imprisonment: This ground applies when one spouse has been sentenced to a prison term of at least two years.
  • Indignities: This ground for divorce usually refers to emotional, verbal or other types of nonphysical abusive behavior.

When only one party wants to get a divorce, he or she can sue for divorce on the basis of one or more of these grounds. The spouse seeking the divorce will need to be able to prove it in court, so it is important to save evidence. Evidence can include electronic proof of an affair or testimony about abuse from bystanders. However, the other spouse can attempt to challenge this evidence and work to have the divorce denied on that basis.

Pennsylvania No-Fault Divorce Options

Before the advent of no-fault divorce, even couples who mutually agreed to separate found themselves pursuing fault claims in order to end an unhappy marriage. However, the commonwealth’s law now allows people to pursue a divorce without showing that the other party is at fault. There are two major types of no-fault divorce, and both are based on the grounds that the relationship is “irretrievably broken.” However, it does not lay responsibility for that with one spouse over the other. The types of no-fault divorce are:

  • Mutual consent divorce: Under this category, both spouses file statements with the court agreeing for the divorce. There is a 90-day waiting period after filing before a mutual consent divorce is finalized.
  • Irretrievable breakdown divorce: This type of divorce is still a no-fault divorce, but one spouse files for divorce. If the other does not deny the case, it will move forward. However, if the other spouse does deny that the marriage is “irretrievably broken,” the spouse seeking the divorce will need to show that the couple has been separated for at least one year. This does not mean just physical separation but an awareness that the relationship has come to an end.

People considering divorce in Pennsylvania have several options to help them pursue a new, independent future. A divorce lawyer can provide advice, representation and guidance to help a client protect assets and reach an agreement on key matters including property division and spousal support. Call the offices of Joanne Kleiner & Associates at (215) 886-1266 in Jenkintown to set up a consultation.

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.

Dec 29, 2017

Is January a Good Time to Consider Filing for Divorce in Pennsylvania?

It is never an easy decision to come to terms with the fact that you may want to file for divorce, although the decision that you make immediately after that one such as selecting the date that you will actually move forward with the divorce petition is one that mandates more strategic considerations. Your filing date for divorce impacts many different financial aspects of the final divorce settlement because it is the formal beginning of the legal process for divorce.

The right lawyer can walk you through each stage of your case so that you know whether or not now is right for you. Divorce is so personal that it helps to have someone who cares about your best interests.

Your date of filing might also impact your children and you psychologically. There is no one right answer to when is the right time to file for divorce in Pennsylvania, however, for people who have opted already to divorce over the holiday season or in the fall, the answer for them is often January. There are numerous different reasons why January comes out on top as one of the most popular months for people to initiate a divorce petition. First of all, the holidays are finished in January.

Parents may help children cope and adjust to the transition of divorce by keeping as much stability as possible during the holiday season. It can represent significant challenges and emotional problems for children who are in the midst of a sudden divorce with their parents during the holidays. The holidays are usually a busy time for families with children and this makes it all the more important and also challenging to maintain the necessary stable environment.

If you and your spouse have not yet separated asking for your kids to suddenly deal with you in separate houses during the holidays can be stressful and confusing. This can also lead to questions about who will see the children when. If it is possible for you to stay under one roof peacefully during this time, you may do so for your children’s sake.

Another reason that many people consider filing for divorce in Pennsylvania in January is because the year-end bonus may be in the bank. If you or your spouse gets a bonus from your employer every December, filing for divorce in January clarifies that all income over the previous year, such as year-end work bonuses, is classified as marital property. Other common reasons for people to consider waiting for January has to do with planning for the new tax year and New Year’s resolutions.

The fresh perspective on the change of the year could cause you to finally make the decision to initiate a divorce petition after consulting with an experienced divorce attorney. The perspective of new year’s resolutions may lead you to reflect back on your life and think about whether or not the marriage is capable of being salvaged. With numerous different tax implications involved in a divorce, finishing out the year before rearranging the finances between two different households is often a practical decision.

No matter when you decide to move forward with a divorce, scheduling a consultation with an experienced Pennsylvania divorce lawyer is strongly recommended to give you a clear understanding of what is required of you as well as any necessary steps you should take to protect yourself as you move forward in the legal system. There are many different details to keep track of but you can increase your likelihood of success by working directly with a lawyer who can advise you about all of the things you need to consider before initiating your divorce petition.

CONTACT US

At the Law Office of Joanne E. Kleiner, 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.

 

Dec 18, 2017

Should You Keep the House in Divorce?

Divorce represents a major change for you as well as your family members that are all living under one roof. When you and your partner decide to separate or officially file divorce proceedings, critical questions will arise about what you should do with the family home. Determining what to do with the family home includes a careful consideration of numerous different factors.

You may wish to receive the home as the division of property. However, as an illiquid asset, it can be difficult to receive the cash from this home. Furthermore, the memories inside the home may be difficult for you to cope with, although it may be in the best interest of the children to keep the family home stable.

The residence, which can be a home, condominium or apartment, is usually the biggest marital asset and the decision about whether or not to remain in the home is based on emotions and financial reasons. It may be difficult for you to keep this in perspective and make a beneficial and sound decision that requires you to consider every issue that you face associated with this asset. You need to start with an income and expense statement that is accurate as well as a cash flow projection.

There are three primary issues associated with your decision to stay in the house. You can choose to put the residence on the market and sell it, hold on the to the house or keep it and agree to sell it at a later date, distributing the proceeds equally.

At time neither spouse has the financial means to keep the house due to limited income and assets. Putting the house on the market for sale can create cash flow and provide an easy way to divide marital assets. If the spouses have other assets, splitting the marital assets may be easier because the value of the house equity could be offset by the spouse’s other assets.

This allocation enables one spouse to remain in the house. The question is whether or not you can afford the upkeep and payments. It is recommended you keep your housing expenses between 30% and 36% of your total income. You should have appropriate income and other sources so you can pay all of your housing costs. If you could afford to keep the house then ask yourself whether or not it makes sense financially to keep it. Often, it is more sensible to rent a home because of tax deductible expenses.

It makes economic sense to buy when compared with rent because the future appreciation of the asset and tax-deductible expenses. However, liquid securities appreciate much more quickly than real estate. Housing declines in recent years have been abundant so it may be a concern about whether or not it makes sense for you to keep the home as a desirable asset.

There may be other reasons you wish to keep the house. Divorcing couples may wish to keep some stability in the children’s lives and therefore keep the home to minimize problems for the children. Both parties may agree to do this for a defined period of time after which they will sell the home and distribute the equity based on a previous agreement.

You must consider the value of the home equity in the divorce degree. Valuing equity in a home is not easy and you can adjust the equity value today based on its current fair market value. At the expiration of such a term, the equity value will be split between two parties.

Furthermore, the equity could be set as a percentage of the future fair market value to later be allocated between the spouses. It may be concerning for you to keep the house and worry about working with your spouse later on to come to agreeable terms so therefore you may wish to instead plan to sell the house now so you do not have to deal with this issue in the future. Scheduling a consultation with a knowledgeable Jenkintown, PA divorce and family law lawyer can help you in these difficult circumstances so you have a path charted forward.

CONTACT US

At the Law Office of Joanne E. Kleiner, 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.