fbpx

Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

Visit Our Blog

Feb 18

How Technology Can Help Co-Parents Communicate Better

Using Software Systems to Improve Co-Parenting

One of the keys to a successful co-parenting relationship is communication between the ex-spouses as just over 50 percent of parents are remarried or recoupled. If conversations are respectful and professional, strife will be lessened, and there will be more harmony for the children. There is some help available for high-conflict situations in which the parents have difficulty communicating without fighting.

Third-Party Apps Can Help With Your Tone

There are third-party systems that can host communications between the parents. These are usually ordered by the court when two parties have a history of acrimony and conflict. All communications are done through the third-party system, and the parents are generally not even allowed to text each other unless there is some kind of a pressing, time-sensitive issue that cannot be handled through the communication system.

Many of these systems have artificial intelligence features that scan messages before they are sent to examine the body of the message. The system has the ability to spot words with a negative tone and highlight them before the email is sent. This gives the writer time to stop and review the message to make sure that he or she really intended to send a message with those words. Oftentimes, the writer does not realize that there is a negative tone to his or her message and needs some extra help to spot areas that could lead to trouble. The writer then has the ability to choose different words that may not lead to conflict.

Judges Can Access the Messages

All communications through these systems are generally saved and cannot be deleted. This means that in the event that there is a matter that goes to court, a family law judge has access to all of the messages and can easily read the relevant communications. This knowledge should help the parties learn to be a little more restrained when dealing with each other since these systems are the equivalent of not being able to take back a combative email.

Reduce Your Stress Levels With Better Communication

Even if you do not like your ex-spouse, these systems can help your communication improve to the point where the co-parenting relationship may become more civil. Less conflict can help reduce your stress level because constant arguing reaches a point where it can wear you down over time. Therefore, these systems are generally a great idea for increasing the level of harmony. In a worst-case scenario, these software systems are an extra layer of protection for you in a litigious relationship.

Other Features to Improve Co-Parenting

Not only is there help with communication, but there are also calendars and other features to improve all aspects of the co-parenting relationship. Many of these software systems even have banking features that allow for money transfers and other accountability tools to make sure that each parent responds to the other. The aspects of the relationship that have been chaotic can be managed, bringing with it some relief to struggling co-parents.

How to Implement These Systems

Your family lawyer can help you figure out the best strategy for adding this type of communication to your custody agreement. In some cases, the judge will order this software on his or her own when he or she sees that there is a contentious relationship. Of course, you can always seek a modification to your custody agreement that states that all communications are to be through a third-party software application.

These Systems Can Help You Get on a Better Path

In many cases, this is the solution that enables divided families to engage in better communications. Many co-parents have reported that these communications systems helped improve their overall relationships and created more of a sense of normalcy for their children.

These software packages are not free, but they are money well-spent when there is an improvement in your relationship. Any conflict or litigation that is averted means less time battling it out in court, so these can be worth your while. Therefore, if your ex-spouse has requested one of these communications systems, be open to considering it.

The Law Office of Joanne Kleiner in Jenkintown, PA, stands ready to assist you in either strategically avoiding court or litigating if it is unavoidable. Call us today at (215) 886-1266 to set up a consultation with our family lawyer in Jenkintown.

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.

Jan 18

Why Some Couples Legally Separate

Divorce vs. Separation

Approximately 87 percent of married couples that separate eventually divorce. When a married couple separates, they decide to live apart without necessarily dissolving the marriage at that point. Couples may have an informal or trial separation to live separately while deciding if divorce may be an appropriate option, while others part ways with the full intent to make their departure legal by divorcing.

How Do Married Couples Separate Legally?

Legal separation is an official order issued by a court that describes the duties of both parties while they are separated but still legally married. To begin the process of legal separation, one party must file legal separation papers at a local courthouse. Couples who wish to file for divorce are generally not required to file a legal separation first. Once a couple has decided they will never reconcile, their separation is termed a permanent separation. Parties who wish to separate should each contact a trustworthy Pennsylvania divorce attorney to discuss the legal separation process more thoroughly and to properly file the required paperwork in court.

Similarities Between Legal Separation and Divorce

In most cases, a separation will have little legal impact. However, legal separation can bear some similarity to divorce. Similar to in a divorce case, when making determinations in a legal separation case, the court decides matters concerning property division, child custody and visitation, and maintenance. In legal separation cases, the court determines the amount spouses will receive in maintenance payments that are similar to alimony. The court also decides how much parents will pay in child support during the separation. Prior to separating, each party should obtain his or her own legal counsel. Legal separation proceedings generally involve the same critical matters couples are required to address during a divorce. Therefore, both parties should enlist the help of an attorney to ensure their needs and desires are represented throughout the legal separation proceedings.

Differences Between Legal Separation and Divorce

One major distinction between legal separation and divorce is that divorce legally dissolves a marriage. Dissolving the marriage may be an advantage to couples who simply wish to legally go their own separate ways entirely. However, some parties may find legal separation advantageous because the process allows one or both parties to retain certain legal rights and economic benefits. Legal separation allows one party to continue to be covered by his or her spouse’s health insurance and social security benefits. Neither party may legally remarry during a legal separation as they remain married as a matter of law. Spouses who are legally separated remain each other’s next of kin. Therefore, they may continue to make medical and financial decisions for each other. Spouses may be responsible for each other’s debts and liabilities during a legal separation, whereas these matters would otherwise be settled during divorce proceedings. Marital property rights also remain intact if a couple is legally separated. Therefore, each party retains rights to one another’s property in the event of the death of one of the spouses.

Permanent Separation Representation in Jenkintown

If a couple separates and decides not to reconcile, their separation becomes permanent. In most states, property and debts acquired after a permanent separation are typically viewed as unshared by the separated couple. An exception may exist for debts and properties either party acquires for the purpose of being used by the two parties’ shared family necessities. Examples of family debts may include house payments, household maintenance expenses, and childcare expenses. Unlike a permanent separation, property and debts acquired during a trial separation are generally viewed as jointly owned. A trial separation is distinguished from a permanent separation by the absence of a formal decision for the couple to remain apart. The lines between a permanent separation and trial separation period may become blurred in some cases. Therefore, couples are urged to consult a Pennsylvania divorce lawyer when considering a legal separation in PA.

Contact a Pennsylvania Divorce Lawyer

If you are considering filing for a legal separation in PA, our staff is available to serve you during your critical time of transition. Our attorney understands the delicate nature of divorce and separation. Therefore, we handle each case to the best of our ability with our clients’ needs in mind. Call the Law Office of Joanne Kleiner in Jenkintown at (215) 886-1266 to receive a case evaluation free of charge.

Jan 15

How to Change Custody in Pennsylvania

The Process of Altering or Amending a Child Custody Order

While divorces in Pennsylvania have been on a steady decline since the early 1990s, they still happen and can be tough on families. During the course of divorce proceedings, one of the most contentious areas involves child custody, and after the end of a marriage is finalized, child custody oftentimes remains a contentious issue between the former spouses. If you’ve found yourself in a dispute surrounding altering or amending an existing child custody order, you undoubtedly have an array of questions and concerns, so you need to understand some of the basics associated with changing an existing child custody order.

Legal Standard to Change a Child Custody Order

In the commonwealth of Pennsylvania, a specific standard is applied when it comes to altering or amending an existing child custody order. In Pennsylvania, what is known as the “best interests of the child” standard is utilized in a situation in which a change in child custody is at issue.

A change of custody is nearly always raised by one of the parents. People do have an interest in the custodial arrangements pertaining to their children. However, in the final analysis, the paramount consideration in Pennsylvania is whether altering an existing custodial arrangement will serve the best interests of the child.

When considering a requested change of custody in light of what is in the best interests of the child, a court considers the specific facts and circumstances that are unique to a particular case. The factors that the court will consider commonly include the:

  • Physical, psychological and emotional health of the parents
  • Physical, psychological and emotional health of the child
  • Living situation of the parents
  • Historic and current involvement of each parent in the life of the child

The court will also look at how long the existing custody order has been in place as well as the underlying reasons why the request for the change was made. For example, a noncustodial parent might seek a change of custody in a situation in which the custodial parent begins to suffer severe health problems that directly impact his or her ability to provide primary care for his or her child.

Material Change of Circumstances

In Pennsylvania, maintaining a stable environment for children following divorce is a primary consideration. As a result, a custodial arrangement will not be changed willy-nilly. Rather, the underlying reason for a change of custody needs to be significant. The significance of the reasons underpinning the desire to alter custody must rise to the level of a material change of circumstances. Stated another way, the best interests of the child can only be satisfied if custody is changed.

Agreement to Change Custody

In some situations, parents agree to change an existing custody arrangement. It is preferable for parents to be able to resolve issues between themselves without the need for further litigation. Nonetheless, even when both parents agree to a change to the original custody agreement, that alteration must be in the best interests of the child. A judge must approve the proposed custody change and then issue a new custody order. A judge nearly always approves an agreed-upon change in custody unless the proposal clearly does not serve the best interests of the child.

Protect Your Legal Interests in a Child Custody Case With a Jenkintown Divorce Lawyer

Not only is a child custody case emotionally charged, but it can also be legally complex. Thus, if you are dealing with child custody issues after a divorce, you are wise to seek the advice and assistance of a skilled, experienced Jenkintown divorce lawyer, like a member of the tenacious legal team at the Law Office of Joanne Kleiner. Schedule an initial consultation with a child custody lawyer by calling our firm in Jenkintown at (215) 886-1266. Bear in mind that one of the best ways you can protect your interests is by seeking legal counsel whether you want a change of custody or are attempting to prevent an alteration in a custodial arrangement.

Dec 14, 2019

The Difference Between Contested and Uncontested Divorce in PA

Uncontested and Contested Divorce in Pennsylvania

According to the Pennsylvania Department of Health statistics, nearly 34,000 Keystone State residents ended their marriages in 2018 either through divorce or annulment. Deciding to divorce is never easy, but the counsel and support of an experienced Pennsylvania divorce lawyer can make the marriage dissolution process much less stressful. Depending on the circumstances, spouses may have an uncontested or a contested divorce.

Choosing the Right Legal Divorce Process

Technically, a divorce is a kind of lawsuit in which one party is deemed the plaintiff and the other, the defendant. Though most Pennsylvania divorces are not tried in a court, divorce petitions are processed through the court system, and a judge will ultimately sign the divorce decree.

In Pennsylvania, two divorce options are available. In a contested divorce, the court is called upon to rule on the various issues involved in dissolving the marriage. These issues include:

  • Child custody disputes
  • Child and spousal support payments
  • The division of marital assets

In an uncontested divorce, both spouses can agree about the various issues that have arisen during the separation process. In Pennsylvania, an uncontested divorce is often referred to either as a “no-fault divorce” or as a “mutual consent divorce.”

The requirements for these two classifications of divorce are stipulated under Title 23, Section 3301 of the Pennsylvania Consolidated Statutes.

Uncontested Divorces in Pennsylvania

Most Keystone State couples that dissolve their marriages opt for uncontested divorces. For the most part, these types of divorces are far less stressful and less time-consuming. Typically, a mutual consent divorce will only take 15 or 16 months to complete. On the other hand, a contested divorce can take longer than two years.

To obtain an uncontested divorce in the Keystone State, you must meet Pennsylvania’s residency requirements. Either you or your spouse must have lived in Pennsylvania for six months or longer before you can file for divorce.

Additionally, you and your spouse must be separated for a year before you can file for the divorce. You’ll need to provide the court with the date you separated. Most often, this will be the date that one spouse moved out of the marital home. However, in situations where spouses are not living together but are continuing to have sexual relations, the court may not view the date that a spouse moved out as a legitimate separation date.

In some situations, couples that are sharing the same address can still be considered separated. This may be the case when that couple sleeps in separate bedrooms, does not engage in sexual relations and does not share meals together.

Once residency and separation prerequisites are fulfilled, three more requirements must be met to file for a mutual consent divorce decree. They are as follows:

  • The marriage must be irretrievably broken.
  • Both spouses must agree that they want to end the marriage.
  • Both spouses must be willing to sign an affidavit consenting to divorce.

Contested Divorces in Pennsylvania

What happens when one or both spouses refuse to sign an affidavit consenting to divorce? The court will become involved in these contested divorces, and new stipulations will apply. Keep in mind that even if the spouse who’s balking previously promised to sign the divorce papers, the court will never order him or her to do so.

In such cases, the necessary period of separation is 24 months. This may also become a point of contention since Pennsylvania will still require you to file a form that verifies the date of separation, and your spouse will have 40 days to respond. If he or she contests the date, your divorce may take longer than two years to process.

Even in cases when a divorce is uncontested, a Pennsylvania divorce lawyer can be a valuable resource in helping a partner meet the legal requirements necessary for the dissolution of a marriage. The Law Office of Joanne Kleiner in Jenkintown, Pennsylvania, can help keep you focused on the bigger picture and the issues that matter most during trying times. Call us today at (215) 886-1266 to arrange a confidential consultation.