Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

family law attorney

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.

Jun 20, 2011

5 Mistakes People Make When Contemplating Divorce

People contemplating divorce should think ahead. Divorce is not something that should be entered into blindly. You need to take the time to evaluate your situation, and if possible, take the time to put yourself in the best position for a divorce.

To assist you, we would like to provide you with the information you need to avoid five common mistakes that other people make when contemplating a divorce:

1. Make sure you do not rush into a divorce. That is not to say that divorce may not be right for you, but it does mean that you should take care to make informed decisions and protect yourself and your future from adverse financial consequences, to the extent possible.
2. Do not go on a spending spree. Rather, take any excess money you have to buy down your debts. The less you owe, the better shape you will be in when you divorce.
3. Consider mediation or the collaborative law process, especially if you have children. Collaborative law in a divorce will help ease the stress on you and your children, as well as give you much more control of the terms of your divorce.
4. Make sure property and credit cards in your name, and if possible, establish your credit. You do not want to find yourself with no credit after a divorce.
5. Gather as much information about your finances as possible, including account numbers, contact information and balance history for all insurance policies, bank accounts, investments and retirement plans. Do not go into a divorce blind, you need to know as much as possible about your family finances.

Divorce can be difficult. Oftentimes individuals want to rush through a divorce and move on with their lives. However, you will find that a little time and contemplation now, may end up providing you with a much brighter and financially secure future. If you are letting emotion cloud your judgment, consult with your family law attorney and divorce lawyer. They should be able to ground you and ensure you have the information and fortitude to make sound decisions.

At Joanne E. Kleiner & Associates, Ms. Kleiner is a family law attorney and divorce lawyer who brings more than 25 years experience in family law and divorce to the table, including collaborative law experience. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.

Nov 04, 2010

Collaborative Law & Family Pets

Anyone who owns a dog, cat or other pet understands that these creatures are family, not property. They are like children — dependent on you for food, shelter, love and protection. Unfortunately, in the eyes of the law, they are property and, as such, treated no differently than a chair, table or piece of real estate.

A family law judge will typically not issue an order of support for the animal, nor will he or she typically award custody or visitation rights. However, under the collaborative law process, you can work with each other to tailor an agreement that will provide for a care, custody and visitation schedule for your pet.

The collaborative law process, unlike divorce litigation, is based on fostering collaboration to work out differences and find solutions everyone can live with, rather than an adverse proceeding that is based on confrontation and fosters animosity toward each other.

Just as collaborative law is recommended in many divorces involving children, the same principle applies to your pet. Utilizing the collaborative law process in a divorce where there are issues or disputes involving a family pet, you can customize a solution that will be acceptable to both parties and deal with issues involving:

  • Decisions about your pet (whether to seek medical treatment, euthanasia, kenneling and choice of veterinarian)
  • Food
  • Pet time (custody and visitation), as well as logistics regarding transportation for pickup and drop-off
  • Support (who will be responsible for food, medical bills, kenneling, etc.)

Pets are family. Make sure they are treated that way in a divorce. Talk to an experienced family law and divorce lawyer about utilizing the collaborative law process to make sure you (rather than a judge) make the decisions regarding your pet.

At Joanne E. Kleiner & Associates, Ms. Kleiner brings more than 25 years of experience in family law and divorce to the table. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.

Joanne E. Kleiner & Associates has extensive experience with all areas of Pennsylvania family and divorce law, including collaborative law and traditional divorce litigation, and we handle cases throughout Montgomery, Bucks and Philadelphia counties, as well as the rest of southeastern Pennsylvania.