Law Office of Joanne Kleiner

divorce child custody

Feb 15

What You Need to Know About Divorce With Adultery in Pennsylvania

How Does Adultery Affect a Divorce in Pennsylvania?

Most marriages don’t survive after adultery, with more than 66% of unions resulting in divorce. If adultery has taken place in your marriage, there are several important things to know about how it’s going to impact your divorce.

Divorce With Adultery Affects Alimony

The spouse who has committed adultery usually isn’t eligible for alimony in Pennsylvania. Many people think of alimony as given to the woman, but it’s actually given to the earner with the lower income.

However, in Pennsylvania, alimony isn’t automatically given to the person of lower income. The court considers a wide range of factors before deciding whether or not a person must pay alimony to their former spouse. These factors include:

  • Misconduct during the marriage
  • Length of the marriage
  • Financial needs
  • Assets and liabilities
  • Education
  • All sources of income
  • Earning potential
  • Potential inheritance
  • Health
  • Age

The court examines these factors of both spouses, not just one side.

Alimony in Pennsylvania doesn’t last forever. When the person receiving alimony improves his or her financial situation, the court may end payments. Sometimes, the court will rule that alimony must be paid for a certain period of time. In Pennsylvania, alimony isn’t necessarily paid monthly. Instead, the court may put you on an annual payment basis.

Pennsylvania courts have the right to modify or end alimony based on the changing financial circumstances of both parties.

If you’ve committed adultery and your spouse hasn’t, you’ll be more likely to have to pay alimony because adultery falls under misconduct.

How Adultery Affects Child Custody and Visitation

If a spouse’s infidelity has negatively impacted the children, then this can affect child custody and visitation rights. Without proof that a spouse’s adultery has negatively impacted the children, the adultery usually doesn’t influence a court’s decision on child custody and visitation.

Our Jenkintown family lawyer can help you protect your rights if you’re struggling to come to an agreement with your spouse on child custody and visitation. The Law Office of Joanne Kleiner has experience handling numerous aspects of divorce in Pennsylvania.

Adultery Is Sometimes Not Considered Cause for Divorce

If you forgave your spouse after their adultery, then Pennsylvania law likely won’t recognize it as the cause behind your divorce. You must prove adultery caused the divorce.

Another situation in which the state won’t acknowledge adultery as the cause for divorce is when both spouses cheated. However, alimony can still be given to the spouse with a lower income if both of you committed adultery.

Your spouse having an affair with another isn’t adultery if you consented to it or you received a benefit from it. An example of receiving a benefit from your spouse’s affair with another is knowingly spending money that was obtained from prostitution.

Be aware that your spouse may claim to have been insane when they committed adultery in order to still be eligible for alimony. If it turns out the spouse who committed adultery was actually insane at the time they cheated, then the court may allow them to receive alimony from the divorce as long as they can prove a financial need.

You Can’t Sue Someone for Adultery in Pennsylvania

People who commit adultery in Pennsylvania can no longer be prosecuted for it. However, a spouse can still be considered at fault for a divorce because of their infidelity. The court may give the adulterer a smaller portion of the property as a result of their infidelity.

How Do You Prove Adultery in a Divorce?

You must provide proof of adultery if you claim your spouse isn’t eligible for alimony because of adultery. Hold onto anything you can use as evidence your spouse cheated. Items you can use as evidence include hotel receipts, photos, videos, phone records, text messages, and emails. The proof you collect doesn’t need to be of sexual intercourse. Our Jenkintown family lawyer can further advise you on how to prove adultery in divorce in Pennsylvania.

Whether you’re the one who committed adultery, your spouse committed adultery, or both of you cheated, you should consult with a divorce lawyer to ensure your rights are protected. There are aspects of Pennsylvania divorce law that you may be unaware of, and you don’t want to be taken by surprise. Contact the Law Office of Joanne Kleiner at (215) 886-1266 today for advice on divorce, assistance with mediation, or representation in court in Jenkintown.

Jul 01

How Child Support is Calculated in Pennsylvania

How Child Support

If you have filed for divorce or have been served with a divorce complaint and there are minor children in the home, one of your first questions will involve child support. Under what circumstances will the court order the payment of child support, who will be required to pay, and how is child support calculated?

Who Pays Child Support?

In Pennsylvania, the parent of a child can request an order of support, whether or not a divorce complaint has been filed, and whether or not the parents were ever married. The support order typically follows on the heels of a custody order. If the court grants physical custody to one of the parents, that parent becomes entitled to support payments. In situations where the parents are not married, the court may require a paternity test before ordering support. It’s important to understand that you can be ordered to pay support, even if you are unemployed, provided you are the non-custodial parent. In addition, it doesn’t matter if the custodial parent makes more money than the non-custodial parent. Child support is intended to ensure that both parents contribute to the financial needs of the child.

The Calculation of Child Support

Either or both parents may be ordered to pay child support, with the court considering the following factors when determining the amount of support:

  • The net income of each parent
  • The earning capacity of each parent
  • The assets of each parent
  • Any unusual needs of the parent or child
  • Any extraordinary expenses

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.

Mar 03

Determining Custody and Visitation in Pennsylvania

Determining Custody

When you are involved in a family law dispute, whether it’s the breakup of a marriage or a long-term relationship, and there are minor children involved, you’ll have to make difficult decisions about where your children will spend most of their time—who will be the custodial parent—and how visitation will work—when they will see the non-custodial parent. You can typically work out an arrangement, but the court will likely review it to ensure it’s in the best interests of your children. If you can’t come to agreement, the court may need to get involved.

The first thing to understand is that there are technically two types of custody: physical custody and legal custody. Physical custody refers to where the children actually live when they are not on visitation, where they spend most of their time. Legal custody refers to decisions about the child’s well-being, such as education, medical needs and religious training. The courts encourage both parents to be involved with legal custody, in an arrangement known as joint legal custody. With respect to physical custody, though, the arrangement can take a variety of forms, but ultimately must give priority to the best interests of the children.

Factors the Court Will Consider in Custody and Visitation Proceedings

When assessing how custody and visitation should work, the courts will consider a couple factors:

  • The likelihood that each parent will encourage and foster continuing and frequent contact between the child and the other parent
  • Any evidence of domestic violence or abuse

If there’s evidence of domestic violence or abuse, involving either a spouse or a child, the court can either deny visitation altogether or order supervised visitation only.

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.

Jun 14, 2012

Divorce Mediation in Pennsylvania

Divorce can easily become a lose-lose proposition, and often everyone involved ends up emotionally scarred — particularly in heavily litigated divorces. However, divorce mediation offers an alternative to bitter court battles and may make your divorce less stressful. Even in cases where the ex-spouses feel animosity toward one another, an experienced Pennsylvania divorce mediator can help resolve situations that at first seem impossible.

What is divorce mediation?

Mediation is a process in which a neutral third party helps you resolve disputes relative to your divorce. The goal of divorce mediation is to help the spouses reach agreements on all or some of their disputes. Divorce mediation is successful because it is based on the following principles:

• Communication
• Fairness
• Flexibility
• Negotiation
• Problem solving
• Privacy and confidentiality

The family court often encourages divorcing couples to try divorce mediation before bringing issues to court. Successful divorce mediation can resolve numerous issues including:

• Spousal/child support
• Child custody/visitation
• Property/debt division

Divorce litigation can drain your finances and your emotional fortitude — especially in divorces involving embittered child custody issues and/or large marital assets that can drag on in court for years. And even once the divorce is over, you can still suffer from the financial and emotional fallout.

In a divorce you have a choice — you can either battle over every issue in court, expending time, money and energy, or you can try mediation. A mediated divorce can offer many benefits, including:

• Reduced legal and court costs
• Quicker problem resolution
• Increased control of problem resolution
• Equal airing of grievances
• Cooperation between spouses
• Co-parenting solutions
• Family issues decided by you rather than the judge

A Pennsylvania mediator can help

A contentious divorce can have devastating effects on you and your family. To discuss how a divorce mediator can help you navigate your divorce, contact us online or call (215) 886-1266 to schedule a consultation.

Feb 14, 2012

Types of Child Custody in Pennsylvania

One of the most difficult issues of a divorce is child custody. Who gets custody of the minor children, visitation and determining parenting time can be difficult even under ideal conditions. However, custody issues can usually be revisited as circumstances change, and an experienced Pennsylvania family law attorney can help you obtain custody modifications when appropriate.

The types of child custody in Pennsylvania are as follows:

• Temporary custody (de facto). This is different from court-ordered custody and refers to who has custody of the child currently. If you want to maintain custody during litigation you must file a request for temporary custody with the court.

• Sole custody. Sole custody is when one parent is given both legal and physical custody of the child and the child has only one primary residence. Legal custody is the right to make decisions for your child concerning education, religious upbringing, discipline, medical care and other significant matters concerning your child’s welfare. Physical custody means your child lives primarily with you and you make the decisions about your child’s day-to-day needs.

• Split custody. Split custody refers to a case in which there are two children and each parent has full physical custody of one of the children.

• Joint custody. Under joint custody you could have joint legal custody, when both parents share the control and care of the child but that child has one primary residence; shared physical custody, when your child has two residences and spends at least 35 percent of his or her time with the other parent; or you can work out a customized joint custody agreement with your ex-spouse that is a combination of shared physical and joint legal custody.

Get your child custody questions answered

At the core of child custody issues are your child’s best interests. To talk to a caring and compassionate family law attorney, contact us online or call (215) 886-1266 to discuss your child custody matter.