Law Office of Joanne Kleiner

family law attorney philadelphia

Apr 19, 2012

The Divorce Process in Pennsylvania and What to Expect

In order to file for divorce in Pennsylvania, one of the parties must be a resident of the state for at least six months. Either party can obtain a divorce by claiming that the marriage is irretrievably broken, and both spouses must consent to the divorce in sworn affidavits or must have been separated for two years.

Like any legal proceeding, the divorce process has specific steps that must be taken as follows:

  • Filing the divorce petition. The divorce process begins when one spouse files a divorce petition, and this step also includes serving the petition on your spouse.
  • Response. After the divorce petition is served, your spouse may respond to the complaint.
  • Discovery. During the discovery stage, the parties exchange documents and information relative to assets and income. Discovery may also include depositions and/or interrogatories.
  • Temporary orders. If either spouse wants the court to make temporary orders while the divorce is pending, they may file with the court. Temporary orders often include support, child and property issues.
  • Settlement/mediation. The court may order mediation in order to settle as many matters as possible before trial. Divorcing spouses are free to participate in voluntary mediation to resolve issues and thereby avoid litigating the issues in court. If the spouses are able to settle all issues, a Marital Settlement Agreement can be drafted and filed with the court.
  • Litigation. If an agreement cannot be reached or certain issues cannot be settled, the parties proceed to court. After evidence and arguments are presented, the judge has the final say on any contested issues. Once all matters have been adjudicated, a judgment is prepared and entered by the court.

An experienced Pennsylvania divorce attorney can provide advice and discuss the options in your circumstances. Contact us online or call (215) 886-1266 to schedule a consultation today and discuss your divorce needs.

Apr 05, 2012

Filing for Divorce in Pennsylvania

Divorce is a difficult and emotionally trying process to go through, even under the best of circumstances. In the Commonwealth of Pennsylvania you may file for a no -fault or fault divorce. To file for a divorce in Pennsylvania, at least one of the spouses must have been a resident of the state for six months. An experienced Pennsylvania family law attorney can help you through each step of the process, including:

  • Filing your divorce complaint
  • Settlement negotiations
  • Providing mediator services
  • Representing you in court

To obtain a no – fault divorce in Pennsylvania, you must meet one of two conditions:

  1. Both spouses agree to the divorce
  2. The spouses have been separated for two years or longer

A divorce in Pennsylvania that holds one of the spouses accountable for the divorce, also known as a fault divorce, may cite the following grounds if appropriate:

  • Desertion of spouse
  • Adultery
  • Bigamy
  • Cruelty (abuse)
  • Imprisonment
  • Personal indignities
  • Mental institution commitment

Matters that typically arise during a Pennsylvania divorce include:

  • Mediation/counseling. For couples with children, the court may require participation in counseling and may consider the recommendations of counselors relative to custody issues.
  • Property/debt division. Pennsylvania divorce law provides for equitable property division, which is based upon fair rather than equal standards.
  • Spousal support. The court may award spousal support to either party at its discretion.
  • Child custody. In determining custody your child’s best interests are the guiding principle, and the court considers many factors when deciding child custody awards.
  • Child support. Pennsylvania uses the income shares model to determine child support. Either or both parents may be ordered to provide equally for educational costs.

Finding the right Pennsylvania family law attorney

Finding and retaining the right family law attorney can make a big difference in getting through the divorce process smoothly. Contact us online or call (215) 886-1266 to schedule a consultation today.

Mar 16, 2012

Division of Marital Property in Pennsylvania

Pennsylvania divorce law provides for the equitable division of marital property. Equitable division is based upon what is fair rather than on a straight equal division of property.

Generally, marital property is defined as the assets acquired during the marriage, although there are some exceptions, and marital assets may include:

  • Real property
  • Pensions
  • Retirement accounts
  • Business concerns
  • Stocks and bonds
  • Certificate of deposits
  • Bank accounts
  • Insurance policies
  • Other valuables such as vehicles, jewelry, etc.

Gifts and inheritances are typically excluded from the marital assets.

An experienced Pennsylvania family law attorney can help you ascertain what assets should be included and excluded from the marital estate. And when necessary, we can bring in experts such as forensic accountants and business valuators to help determine the value of assets.

The court considers several factors when determining the division of marital assets including:

  • Duration of the marriage
  • Spouses’ age, health, skills and employability
  • Contributions to the marriage (including from homemakers)
  • Spouses’ income sources
  • Tax liabilities for each spouse
  • Which spouse is the main caregiver of minor children
  • The earning capacity of each spouse
  • Alimony awards

In the case in which the parties cannot agree on marital property, the court will decide. Generally, the court cannot transfer a property title from one spouse to the other. However, it can award money to one party to compensate for the other party keeping property. When property was purchased with both marital and non – marital funds, the court determines what percentage of the property should be included in the marital estate and factors this into the monetary award.

Talk to a Pennsylvania property division attorney today

Determining the disposition of marital assets can be complex, and an experienced attorney can help you in sorting out your marital assets. Contact us online or call (215) 886-1266 to discuss your asset division matter today.

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.