Law Office of Joanne Kleiner

Divorce

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.

Dec 11

Handling the Holidays While Getting Divorced

Managing Divorce and the Holidays at the Same Time

Roughly 41% of all first marriages will end in divorce, and that percentage is even higher if it is a second or third marriage. While divorce may be relatively common, it doesn’t mean that it is an easy process to go through. It can be even harder if you are trying to get divorced during the months of November or December.

The Holidays Are About Tradition

One of the hardest parts about ending a marriage just before Thanksgiving or Christmas is missing out on the experiences that you once happily shared with another person. You may regret not being able to cook a turkey for your spouse and kids on Thanksgiving or open Christmas presents at your in-law’s house.

One way to overcome the loss of old traditions is to start new ones. For example, you may want to celebrate Thanksgiving with your kids the day before or after the holiday is officially observed. Instead of opening presents with extended family members, make a nice breakfast for your kids on Christmas morning.

You May Spend Time Apart From Your Kids

It can be extremely difficult for a parent to spend time away from his or her children during the holiday season. However, it is important to remember that your kids will want to spend time with as many different people as possible. Therefore, it is likely that you will be able to spend a few hours with them.

It is critical that you encourage your child to interact with your former spouse as much as possible. This prevents a child from feeling forced to choose one person over the other, and it makes it easier for your son or daughter to create memories that will be cherished forever. When you aren’t with your child, it may be possible to keep yourself in good spirits by baking cookies, listening to Christmas songs or simply taking a hot bath.

The Weather Can Make Everything Feel Worse

November and December are among the darkest and coldest of the 12 months. A lack of sunlight can cause a person to become depressed, anxious and tired regardless of whether he or she sleeps at night. Therefore, you could be more likely to be in a precarious state of mind even if everything was perfect in your relationship.

It may be in your best interest to speak with a therapist or take other steps to overcome any health issues caused by a cold or dark environment. For instance, you may want to consider adding artificial ultraviolet lighting in your bedroom or home. A portable light could help you be more productive at work or help brighten your mood while away from home. Our Jenkintown divorce lawyer may be able to offer other suggestions to help you through this difficult time in your life.

Try to Avoid Contact With Your Former Spouse

Looking at pictures of your former spouse online can be an easy way to become frustrated or upset. You should also refrain from calling or texting your ex unless your children are the subject. It is important to remember that everyone moves on from the end of a relationship in different ways. Therefore, the fact that the person who used to be your husband or wife may be with someone new doesn’t mean that he or she is over you.

It is also important to note that anything that you say or do could be used against you in a divorce hearing. The same is true in a child custody or support hearing. Therefore, you should keep your comments to yourself until the case is over. If you have to tell someone what you found online, it may be best to consult with our Jenkintown divorce lawyer. She may be able to use it as evidence in court.

If you are looking for help with your divorce case, contact the Law Office of Joanne Kleiner in Jenkintown today. You can reach our office by calling (215) 886-1266 or sending a fax to (215) 886-2670.

Oct 15

How to Get a Divorce Quickly

Ways to Quickly Finalize a Divorce

Getting a divorce can be an emotionally trying time for both parties involved as the marriage comes to an end. The risk of divorce is between 42-45%, which means almost half of all married couples have to endure the process. If you want to move on with your life and get a divorce quickly, there are a few critical steps to take.

Put Everything in Writing

All agreements need to be put into writing to ensure that no one changes his or her mind or goes back on his or her word whether it involves dividing assets or child custody. Creating a written agreement can prevent delays and complications even if you’re getting along with one another. It’s also necessary to collect specific documents to finalize the divorce. You’ll need to obtain your children’s birth certificates, your marriage certificate, the prenup agreement if there is one, your mortgage papers, portfolios and joint bank accounts. By staying organized, you can save extra time and avoid additional conflict.

Consider a Collaborative Law Divorce

Collaborative law divorce is one of the types of divorces available and can allow you to reach agreements outside of court. Not only could it make the process smoother and quicker, but it could also save you money. Similar to mediation, it involves a third party and includes negotiations to finalize the divorce. You won’t have to worry about the decisions that are made being imposed by the court. It can take place in an informal setting and include an honest exchange of information. Each person will need to hire his or her own attorney. Communicate to the legal representative what you want, but keep in mind that you’ll still need to compromise and remain flexible during the negotiation process. A licensed mediator may also need to be used if it becomes difficult to reach agreements. The process of a collaborative law divorce also includes meeting with other professionals, like child therapists and financial advisors, to receive additional information for your situation.

Remain Honest

Many people are prone to bending the truth while getting a divorce as a way to protect themselves. Unfortunately, a lack of transparency can be detrimental to your case if you fail to remain honest with your ex and his or her lawyer. You’ll need to completely disclose all your financial information and avoid moving money around or hiding it. If you’re caught lying, you can lose custody of your children and even some of the assets that are in the process of being divided.

Keep the Children in Mind

It can be easy to neglect kids while getting a divorce because many people focus on their own pain and trauma, which can lead to issues that lengthen the process of getting a divorce. Children can also experience the same effects, which makes it necessary to keep them in mind with each decision that is made when you’re separating from your spouse. Their well-being should be the top priority when working out the details of the child custody arrangement or dividing assets. It’s also important to avoid complaining about your spouse, which can negatively affect your kids and how they view the other parent. Consider investing in a therapist for both you and your children to ensure you can heal and move on quickly.

Make Communication a Priority

Although your marriage may have deteriorated, it doesn’t mean that you can’t engage in proper communication with your former spouse. Working together to complete the divorce can help avoid tension and conflict. Your spouse will be more willing to negotiate if he or she already has been communicating with you. Reaching an agreement on some of the main aspects of the divorce can allow it to be finalized more quickly.

Contact the Law Office of Joanne Kleiner in Jenkintown at (215) 886-1266 to find out more about how you can get divorced quickly. With the help of a family attorney, you can learn more about your rights and have the assistance of a legal professional who can help you navigate the process.

Sep 10

Reasons Older Couples Get Divorced

Why Older Couples Are More Likely to Divorce

According to research from Bowling Green University, the divorce rate for those aged 50 and older has doubled since 1990. At the same time, younger couples are choosing to remain committed to their partners at higher rates. There are many reasons why older individuals may choose to end their marriages, and several of these reasons have nothing to do with hate or spite for their partners.

Parents Stayed Together to Raise the Kids

You may have chosen to stay together with your spouse to provide a stable life for your children. When the kids were fully grown and moved out of the house, there was simply no reason to stay together. It is not uncommon for couples to only realize how far they have drifted apart until after their kids have left. In these instances, there is nothing to distract them from the pitfalls of their marriages.

Women Have Experienced Greater Economic Freedom

Several decades ago, women were seen as homemakers while their husbands provided financial security for the family. Today, it is harder for employers to discriminate against workers based on gender. Therefore, you are more likely to create a greater level of financial security for yourself regardless of your gender. Ultimately, this economic security means that women don’t need to stay in an unhappy marriage for fiscal reasons. Men who initially stayed at home or otherwise made less than their wives may also choose to end a marriage if their circumstances change later in life.

Couples May Simply Want to Pursue Other Interests

There is a chance that you’ll live longer than your parents or grandparents did. This means that you’ll have more time to pursue your love of cooking, traveling or being a business owner. At some point, your spouse may decide that he or she wants to spend more time around the house, playing golf or relaxing on the beach. Eventually, you may decide that you and your partner need to be apart to make the most of your life. The good news is that uncontested divorces are fairly easy to navigate with the help of an attorney.

Health Concerns Could Lead to a Divorce

While it may be hard to imagine leaving a spouse over a health issue, being a caretaker is stressful. In some cases, the level of care that your significant other needs is more than you are qualified or capable of providing. There is also a financial component to caring for a loved one that can add even more stress to a relationship.

Even if you are committed to caring for your spouse no matter what, he or she could experience significant cognitive decline. It is possible that your spouse won’t even remember you, which may make it difficult to remain in a relationship despite your best intentions.

It Could Be Impossible to Overlook a Significant Character Flaw

People tend to start looking toward retirement as they enter their 50s and 60s. As there is less time to save for a comfortable financial future, it can be important to create and stick to a financial plan. However, your spouse may still struggle with a shopping addiction or other vices that are expensive.

These expensive habits could put your mental, physical and financial health at risk at the same time. Therefore, you may decide that it is time to safeguard your future and hope that your spouse will eventually get the help that he or she may need. It is worth noting that money or other marital assets may be divided in some fashion even if they are held in separate accounts.

If you are looking to end your marriage in a timely and relatively amicable manner, the Law Office of Joanne Kleiner may be able to help. Call our office in Jenkintown at (215) 886-1266 to learn more about uncontested divorces or get other insights. You can also send a fax to (215) 886-2670 for more information.

Aug 21

Ways to Protect Your Financial Future When Getting Divorced

Steps to Take to Protect Your Finances During a Divorce

Going through a divorce is an emotional process that leaves many people vulnerable to making mistakes and feeling defeated. When separating, it can be easy to forget about how your finances will be affected throughout the process. You’ll want to take a few important steps to protect your money and reduce the risk of loss while parting ways with your partner.

Close Joint Accounts

Any accounts that are shared between you and your former spouse need to be closed immediately. This will prevent you from becoming responsible for any debt that your partner accumulates after you decide to separate. Pay down all of your credit cards as much as possible and put the account in your name or your spouse’s name to avoid sharing responsibility. Attempt to negotiate splitting the debt with your spouse if there’s a remaining balance. If the balance is too high to repay in full, you’ll need to contact the lender and ask what is required to have your name completely removed from the account.

Avoid using the credit cards or account to acquire new debt, which the courts will require that you repay. The court will also require that any money you withdraw during this time will need to be repaid. Consider getting a post office box to ensure you receive all of your mail that contains your new banking information. This will prevent the information from being obtained by your spouse.

Requesting a copy of both your and your spouse’s credit report is also necessary. This will make you aware of any joint accounts and accounts that your spouse has open in his or her name. Your soon-to-be ex may have made foolish decisions with your money, which can affect your financial future. There also may be issues or errors present on the credit reports, which will need to be disputed.

Take Inventory of Your Assets

One of the most challenging parts of going through a divorce is having to divide up the assets and split it between both parties. In some cases where there’s a lot of tension, one of the spouses may attempt to hide some of the valuables or take them out of the home. Make it a point to take photos of everything that is shared between you and your spouse to have a thorough record of what needs to be split. Avoid selling any of the assets if you’re in need of cash as this can complicate the process of filing for divorce.

Making copies of bank transactions of large purchases that you’ve both made in the marriage can also allow you to have proof of what needs to be divided.

Alimony

Many people request alimony, which is taxable income. Attempt to work with your former spouse and legal counsel to agree on an amount of money that can be provided but won’t be listed as taxable alimony. Alimony laws are also constantly changing, so you will want a legal professional to help. You may also want to consider getting job training before going through a divorce to ensure you can become financially independent and are capable of supporting yourself.

Hire a Family Lawyer

One of the most important steps you can take after you’ve decided to file for divorce is to contact a Jenkintown family lawyer who can review the details of your case. Look for someone who offers free consultations and can determine what you’re entitled to receive, whether it’s custody or assets. Hiring a Jenkintown family lawyer can allow you to be represented by someone with a high level of legal knowledge in the industry. Legal counsel will know the right steps to take to increase your chances of obtaining more money.

If you are preparing to file for divorce, contact the Law Office of Joanne Kleiner & Associates today by calling 215-886-1266. You can obtain legal representation and learn more about your rights. Our Jenkintown family lawyer will help you understand the correct plan of action to take.