Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Spousal Support

May 06

Important Terms to Know as You Prepare for Divorce

Prepare for Divorce

If you are considering or have filed for divorce, or if you anticipate being served with a divorce complaint, you’ll start hearing many terms with which you may not be familiar. Here are some legal terms that you should learn, so that you can meaningfully participate in the proceedings

Discovery

If your divorce is contested in any way—custody, visitation, child support or division of marital debts and assets—the court will most likely identify the length of the “discovery” period, and set some rules governing discovery. “Discovery” is simply the term that lawyers and judges use for gathering evidence. In the American judicial system, we have the concept of “open discovery.” That means that both sides are entitled to access to all evidence related to the case—one party cannot intentionally hide or fail to disclose relevant evidence. If that happens, there’s a significant chance that the court will rule the evidence to be inadmissible.

Equitable Distribution

Equitable distribution refers to a method for allocating the debts and assets of a marriage. For states that follow equitable distribution principles, property and liabilities are divided equitably, or “fairly.” It’s important to understand that “equitable” does not mean “equal.” The court may consider a wide range of factors. For example, in Pennsylvania, the court can examine, among other factor:

  • The duration of the marriage
  • The age and health of both parties
  • The earning power and sources of income of both parties

Spousal Maintenance

Spousal maintenance is just another term for alimony. It can also be referred to as “spousal support.” Though alimony or spousal maintenance is not as common as it used to be, it is still used in specific situations, including where a spouse may lack the skills to be gainfully employed, or may need time to develop those skills or get the requisite education or training.

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.

Dec 28

Adultery and Alimony in Pennsylvania

Woman carrying a bag of groceriesThough all states now recognize “no-fault” divorce, where parties can dissolve a marriage without any showing of wrongdoing, Pennsylvania is one of a few states that still allows a person to file an “at-fault” divorce proceeding. The principal reason for doing so? A finding of fault can provide advantage to the innocent party when it comes to custody and visitation, the division of marital property and whether or not the court decides to grant alimony.

Under the laws of Pennsylvania, a finding that a spouse engaged in an adulterous relationship is a legitimate basis for a finding of fault in a divorce proceeding. Pennsylvania defines adultery as voluntary sexual intercourse with someone other than a spouse. So what is the impact of a finding of adultery on whether or not the innocent party is entitled to alimony?

It’s important to understand that a grant of alimony is entirely within the discretion of the court. Pennsylvania law allows the judge to consider a wide range of factors, from the age and health of both parties to the income/income potential of both parties. The court can also base a decision to grant spousal support on whether there was “marital misconduct.” That can cut both ways.

If you can show that the adultery of your spouse caused the end of your marriage, you may be entitled to support from your unfaithful spouse. The court may, however, consider the adultery as only one of a number of factors and ultimately decide either to grant or deny alimony. On the other hand, if your spouse seeks alimony in a divorce proceeding, and you can show that he or she was unfaithful, the court will typically deny any request for alimony.

Contact Us

Let us put our commitment, experience and dedication to work for you. To arrange a confidential meeting with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

Sep 02

Obtaining Spousal Support or Alimony in a Divorce Proceeding in Pennsylvania

The Factors a Court Will Consider in an Alimony Proceeding in Pennsylvania

Mom at grecery storeThough alimony or spousal support is not as common in Pennsylvania as it used to be, courts still have the discretion to require that one spouse make payments to the other, either permanently or for a specific period of time. When determining whether alimony is warranted, the court will look at a variety of factors, including:

  • The length of the marriage
  • The current earnings of both parties
  • Any anticipated future earnings, gifts or inheritances by either party
  • The physical, emotional and mental capacity of both parties
  • The age of the parties
  • All potential sources of income for each party, including retirement plans, investments, medical /disability benefits
  • Whether there are minor children in the custody of one spouse, and that spouse is receiving child support
  • The standard of living to which the parties were accustomed during the marriage
  • The education, skills or training of each party as it relates to ability to be gainfully employed, as well as prospective income
  • Whether one spouse contributed to or gave up career opportunities to support the other spouse’s education, training or increased earning potential
  • Whether either or both of the parties engaged in marital misconduct during the marriage
  • The property each spouse brought into the marriage
  • The needs of both spouses
  • Whether one spouse acted as “homemaker”
  • Whether one spouse lacks property or income to meet his or her reasonable needs
  • The potential employability of both parties
  • The potential tax consequences of a grant of alimony

Though the court will review these factors, it is important to understand that there is no statutory requirement that a court order or refuse to grant alimony. It is entirely within the discretion of the court. In addition, there is no specific formula for calculating alimony—that is also at the discretion of the court.

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. Contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.

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.