Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Divorce

Jul 09, 2013

Lessons From a Recent Pennsylvania Divorce

It is important to remember that if you are considering divorce to first contact an experienced attorney rather than the police or 911 dispatcher. A 42-year old Pennsylvania woman was recently cited for disorderly conduct and misusing the Erie County 911 system after requesting that the dispatcher provide “emergency assistance” to make her husband leave their home because she wanted a divorce. The police accurately explained to the woman that a divorce is a civil matter and that they could not force her husband to leave their marital residence because no crime had been committed.

Are you considering divorce? Talk to an experienced family law attorney who knows how to protect your rights and help you understand consequences of your decisions. Contact the Southwestern Philadelphia law firm of Joanne E. Kleiner & Associates or call (215) 886-1266 to schedule a consultation with an experienced family law attorney.

Jun 26, 2013

Parental alienation syndrome

Although some legal experts and psychologists do not recognize the existence of parental alienation syndrome (PAS) as an actual syndrome, the act of parental alienation has become an increasingly popular tactic in custody battles between divorcing or divorced parents. Parental alienation is best described to be an intentional and systematic effort by one parent to alienate a child from the other parent. Such action can take a variety of forms. For example, it may exist where one parent discourages, punishes or prohibits a child from spending time with the other parent or even deterring a child’s communication or visitation with the other parent. When determining the best interests of the child in custody disputes, Courts closely consider the behavior of the parents and the affect such behavior has on the child.

Protect your rights and those of your children – contact Jenkintown child custody attorneys at Joanne E. Kleiner & Associates today.

Jun 03, 2013

Divorce final? – Next steps to take

Even though your divorce may be finalized, issues may still arise regarding enforcement of the terms of the divorce as required by the settlement agreement or court order. Such issues may be resolved by additional court proceedings. Also, if circumstances drastically change in the future, you may seek approval from the court to change the terms of your divorce, including those that relate to child custody and child support. However, the court will not reconsider the division of property once the divorce is finalized, absent serious and exigent circumstances, such as fraud.

For additional information about Pennsylvania family law or the divorce process, or to discuss your particular situation and learn about your options, please schedule a confidential consultation with attorney Joanne Kleiner by calling us at 215-886-1266. Or, fill out our intake form and we will contact you. The decisions you make today really will affect your future. Let us help you make those decisions intelligent and informed.

Mar 04, 2013

Divorce and Business Owners

Jenkintown Closely Held Business Divorce Attorneys

Pennsylvania is an “equitable division” state when it comes to the division of marital property during divorce. Speaking generally, this means the court must decide what constitutes an “equitable division“ of a couple’s assets, retirement funds, and property given the length of a marriage, the earning potential of each spouse, the work history of each spouse, and a number of other considerations. As such, “equitable division” does not mean a 50-50 split down the middle. Consequently, if one or both spouses own a business, the court must determine what constitutes and equitable division of its assets and worth.

Determining the Value of a Closely Held Business

In cases where one spouse owned a business prior to marriage, if marital assets were used to support, maintain, or expand the business in question the court will treat it like marital property. Unless a prenuptial agreement was signed to the contrary, the fact that one spouse started a business and operated it prior to marriage does not exempt it from consideration as marital property. Once marital funds are co-mingled in its operation, it will be considered as marital property.

As a result, a business valuation must be undertaken as part of the division of marital assets. Regardless of whether you’re the business owner or not, you and your divorce attorney will want to have the business valued by an expert in order to protect your interest. Since business valuations can differ, it’s important to have your own expert conduct a thorough review to ensure an estimate isn’t too high or too low. Additionally, depending on the complexity of a business and its operations, it may be necessary to work with a forensic economist to uncover hidden assets associated with a closely held business.

Contact Jenkintown Pennsylvania Divorce Attorneys

If you or your spouse owns a business and your facing divorce, contact Jenkintown divorce attorneys at Joanne E. Kleiner & Associates today. We have worked with countless clients in regard to divorce, property division, and closely held businesses. We understand the financial issues involved and have the resources needed to ensure your interests and protected.

Feb 07, 2013

Dividing Debt in a Divorce

Jenkintown Debt Division Divorce Attorney

The division of marital debt is, in many ways, as important as the division of marital assets. While most people facing divorce are quick to ask their divorce lawyer how their 401k, IRA accounts, savings, and real and personal property will likely be divided, too often scant attention is paid to the division of marital debt. Here, it’s important to remember you’re contractually responsible for any credit card, loan, or line of credit your name is on, regardless of whether or not you use a particular account. Consequently, if you co-signed on your spouse’s car loan or have a joint credit card with him or her, you’re responsible for any outstanding debt on it.

Marital Debt and Your Divorce Agreement

Confusion arises when people mistakenly think their divorce agreement takes precedence over or nullifies their financial obligations in regard to joint credit cards, unsecured loans, medical bills, or joint lines of credit. What cannot be emphasized enough is the fact that your divorce agreement has nothing to do with your financial obligations in regard to lines of credit your name is on. When you take out a joint credit card, loan, or line of credit you are contractually bound to adhere to the terms of the line of credit in question.

Consequently, even if your spouse had exclusive use of a credit card or loan, if your name is on the account you can be held financially responsible for it should he or she fail to pay off it off. Thus, even if your divorce agreement indicates your spouse is responsible for it, creditors can still (and will!) initiate collection actions against you if your ex-spouse fails to pay off the debt. Telling a creditor or collection agency that your spouse is responsible for the account under the terms of your divorce agreement will not relieve you of your contractual obligations if your ex-spouse fails to discharge the debt.

Dividing Marital Debt – How to Protect Yourself

What steps can you take, then, to protect yourself? If possible, the best way to discharge marital debt is accounting for it in the division of marital assets. For example, suppose you and your spouse owe $5,000 on a joint credit card. When assets or savings are divided, include in your divorce agreement provisions that indicate which spouse will pay the credit card off and apportion $5,000 to him or her for that explicit purpose. If he or she fails to discharge the debt, you can then initiate a contempt of court order against them in order to collect any money you end up paying as a result. While it may take some time, the court has the power to garnish wages and use other means to ensure you are compensated accordingly.

Don’t Ruin Your Credit – Divide Your Marital Debt and Protect Yourself

Failure to properly divide or discharge marital debt can harm your credit report should accounts go delinquent. That’s why it’s important to take steps to protect yourself in your divorce agreement. To learn how we can help you, contact Jenkintown marital debt division attorneys at Joanne E. Kleiner & Associates today.