divorce attorney pennsylvania

Name: Law Office of Joanne Kleiner
Address: 261 Old York Rd., Ste. 402, Jenkintown, PA, 19046, US
Telephone: 215-886-1266

Jun 20

How Does Equitable Distribution Work in Pennsylvania?

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.

May 24

Divorce Mediation in Pennsylvania

If your marriage has ended and divorce is the only option, you may still want to find a way to resolve your differences amicably, rather than incurring the time and expense of protracted litigation. You may want to consider mediation as an alternative. Here’s how the process works.

With mediation, the parties agree to pay a third-party neutral to help identify and settle any disputes involving child custody and visitation, child support, alimony or spousal support, and the equitable distribution of property. As a neutral, the mediator is charged with helping you and your ex come up with mutually beneficial ways to resolve your differences. Unlike a proceeding in court, mediation generally does not involve testimony from witnesses or then introduction of any evidence. Furthermore, the mediator won’t make any decisions for you, and won’t issue any rulings. Instead the mediator will try to facilitate a dialogue between you and your ex-spouse, so that the two of you iron out all the details.

There are a number of advantages to mediation over litigation. First, it’s usually less expensive and takes far less time to complete. Typically, you’ll share the cost of a mediator. Most divorce mediations can be completed in one or two sessions, and you won’t have to try to get on the court’s docket. Furthermore, because the mediator will not make any rulings on evidence or testimony, you don’t need to go through a lengthy discovery process before mediation.

Another benefit to mediation—you actually get to participate in the decision-making. Instead of depending on a judge or jury to make a ruling, you can propose solutions, reject offers from your spouse and be actively engaged in fashioning the outcome.

Finally, mediation can allow you to finalize matters without bitterness or acrimony, an important matter if you have minor children and need to maintain a long-term relationship with your ex.

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.

Apr 07

Pennsylvania Law Changed to Reduce Waiting Time for No-Fault Divorce

Last October, Pennsylvania Governor Tom Wolf signed legislation to reduce the waiting period in certain divorce proceedings from two years to one year. The bill applies to unilateral no-fault divorce proceedings, essentially “uncontested” divorce actions. The statute became effective in December, 2016.

Proponents say the new law will provide many benefits for individuals and families in divorce. First, because parties know that their marriage will be dissolved sooner, they can initiate the process of equitably dividing debts and assets much sooner. In addition, children of divorce will spend less time in limbo, as a parent need only wait 12 months before filing an affidavit stating that the marriage is irreconcilable.

Opponents of the bill had argued that the two year restriction allowed a “cooling off” period where spouses might engage in meaningful attempts to reconcile. Proponents successfully asserted, though, that there was no evidence that the longer separation period contributed to any increase in reconciliation. In fact, some proponents felt that the prior law actually had the opposite effect, allowing some to coerce a spouse into dropping a divorce complaint because of the lengthy wait. They also said that the two year waiting period increased the legal costs of the process, as lawyers would bill more hours.

Opponents also contended that shortening the time period would give parties less time to make the necessary transitions to life after divorce, including access to health insurance. Supporters of the bill challenged that concern, saying that one year is plenty of time to make any necessary adjustments.

Contact Us

At the office of Joanne E. Kleiner & Associates, 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.

Mar 21

Is Alimony Available in Pennsylvania?

If your marriage is in trouble and you are considering filing for divorce, one of your concerns, whether you are a working or stay-at-home spouse, is whether alimony will be part of the divorce decree. Though alimony is nowhere near as common as it used to be, with both spouses working in most marriages, the court still has the discretion to require that one party pay the other a monthly allowance, and that can take a number of forms.

The first thing to understand is that Pennsylvania makes a distinction between spousal support and alimony. Spousal support is paid before a divorce is final and alimony is paid after a divorce decree is entered. Spousal support can be ordered, even if no divorce complaint has been filed. Once a complaint is filed, the court typically enters an alimony pendent lite order, or alimony “while the divorce action is pending.”

The Criteria for Determining Whether Alimony is Warranted

In Pennsylvania, the courts will consider a number of factors to when making the decision whether to grant alimony, including:

The earning potential and capacity of both parties
The age and health of the parties
How long the parties have been married
The standard of living to which the parties were accustomed during the marriage
Any contribution that one party made to the earning capacity of the other—paying for college education or job training, for example
The relative assets and liabilities of the parties
The contribution of a spouse as homemaker
Any marital misconduct or fault, such as infidelity

The Duration of Alimony in Pennsylvania

In general, the courts can order alimony for a specific period of time, with a designated end date, or until the court changes the order. Typically, an alimony order will end if the recipient remarries or cohabitates with a person of the opposite sex who is not a family member. It will also terminate if either party dies.