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Divorce and Family Law Office of Joanne Kleiner

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Apr 07

Pennsylvania Law Changed to Reduce Waiting Time for No-Fault Divorce

No-Fault Divorce

Last October, Pennsylvania Governor Tom Wolf signed legislation to reduce the waiting period in certain divorce proceedings from two years to one year. The bill applies to unilateral no-fault divorce proceedings, essentially “uncontested” divorce actions. The statute became effective in December, 2016.

Proponents say the new law will provide many benefits for individuals and families in divorce. First, because parties know that their marriage will be dissolved sooner, they can initiate the process of equitably dividing debts and assets much sooner. In addition, children of divorce will spend less time in limbo, as a parent need only wait 12 months before filing an affidavit stating that the marriage is irreconcilable.

Opponents of the bill had argued that the two year restriction allowed a “cooling off” period where spouses might engage in meaningful attempts to reconcile. Proponents successfully asserted, though, that there was no evidence that the longer separation period contributed to any increase in reconciliation. In fact, some proponents felt that the prior law actually had the opposite effect, allowing some to coerce a spouse into dropping a divorce complaint because of the lengthy wait. They also said that the two year waiting period increased the legal costs of the process, as lawyers would bill more hours.

Opponents also contended that shortening the time period would give parties less time to make the necessary transitions to life after divorce, including access to health insurance. Supporters of the bill challenged that concern, saying that one year is plenty of time to make any necessary adjustments.

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.

Mar 21

Is Alimony Available in Pennsylvania?

Alimony

If your marriage is in trouble and you are considering filing for divorce, one of your concerns, whether you are a working or stay-at-home spouse, is whether alimony will be part of the divorce decree. Though alimony is nowhere near as common as it used to be, with both spouses working in most marriages, the court still has the discretion to require that one party pay the other a monthly allowance, and that can take a number of forms.

The first thing to understand is that Pennsylvania makes a distinction between spousal support and alimony. Spousal support is paid before a divorce is final and alimony is paid after a divorce decree is entered. Spousal support can be ordered, even if no divorce complaint has been filed. Once a complaint is filed, the court typically enters an alimony pendent lite order, or alimony “while the divorce action is pending.”

The Criteria for Determining Whether Alimony is Warranted

In Pennsylvania, the courts will consider a number of factors to when making the decision whether to grant alimony, including:

  • The earning potential and capacity of both parties
  • The age and health of the parties
  • How long the parties have been married
  • The standard of living to which the parties were accustomed during the marriage
  • Any contribution that one party made to the earning capacity of the other—paying for college education or job training, for example
  • The relative assets and liabilities of the parties
  • The  contribution of a spouse as homemaker
  • Any marital misconduct or fault, such as infidelity

The Duration of Alimony in Pennsylvania

In general, the courts can order alimony for a specific period of time, with a designated end date, or until the court changes the order. Typically, an alimony order will end if the recipient remarries or cohabitates with a person of the opposite sex who is not a family member. It will also terminate if either party dies.

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.

Mar 03

Determining Custody and Visitation in Pennsylvania

Determining Custody

When you are involved in a family law dispute, whether it’s the breakup of a marriage or a long-term relationship, and there are minor children involved, you’ll have to make difficult decisions about where your children will spend most of their time—who will be the custodial parent—and how visitation will work—when they will see the non-custodial parent. You can typically work out an arrangement, but the court will likely review it to ensure it’s in the best interests of your children. If you can’t come to agreement, the court may need to get involved.

The first thing to understand is that there are technically two types of custody: physical custody and legal custody. Physical custody refers to where the children actually live when they are not on visitation, where they spend most of their time. Legal custody refers to decisions about the child’s well-being, such as education, medical needs and religious training. The courts encourage both parents to be involved with legal custody, in an arrangement known as joint legal custody. With respect to physical custody, though, the arrangement can take a variety of forms, but ultimately must give priority to the best interests of the children.

Factors the Court Will Consider in Custody and Visitation Proceedings

When assessing how custody and visitation should work, the courts will consider a couple factors:

  • The likelihood that each parent will encourage and foster continuing and frequent contact between the child and the other parent
  • Any evidence of domestic violence or abuse

If there’s evidence of domestic violence or abuse, involving either a spouse or a child, the court can either deny visitation altogether or order supervised visitation only.

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.

Feb 23

Pennsylvania May See Return of Parent Coordinators

Parent Coordinators

In 2008, the Pennsylvania Superior Court concluded that parents who could not cooperatively come to agreement on custody matters needed some place other than the courts to help make those decisions. Accordingly, the role of “parent coordinator” evolved in Pennsylvania, with parent coordinators being given “limited…judicial authority to address…custody matters.” For five years, the system appeared to work well, with parent coordinators prevented from making major changes to legal or physical custody rulings. Parent coordinators were typically mental health professionals or family law attorneys who went through specialized training. The Superior Court put together guidelines and submitted a proposed rule to the state’s Supreme Court.

In 2013, though, the Pennsylvania Supreme Court ruled that parent coordinators violated state law, granting judicial authority without supporting law. For the last four years, parents who have been unable to reach accord on custody differences have had few options to settle any disputes. Often, parents would have to file emergency petitions with the court, addressing such mundane issues as whether or not a child could go on a school trip or play school sports.

The Domestic Relations Procedural Rules Committee has announced that it will be proposing a new rule to the Supreme Court, reestablishing the role of parent coordinator. They have actually drafted the rule and made it available for comments before presenting it to the Supreme Court of Pennsylvania. The proposed rule sets forth the qualifications, duties, scope of authority and other requirements for parent coordinators.

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.

Feb 01

The Collaborative Divorce Process

Collaborative Divorce

If you know that your marriage is over, but you don’t want a long and nasty divorce proceeding, you may want to consider a relatively new legal process—the collaborative divorce process. Here’s how it works.

In the collaborative divorce process, both parties retain their own legal counsel. However, instead of using the traditional process, where counsel may use any means to further the interest of his or her own client, both the parties and their attorneys agree in advance that all matters will be resolved without the intervention of the court. Accordingly, the parties and their attorneys are encouraged to identify and implement cooperative solutions.

To accomplish this objective, it’s common for the parties to bring in outside experts for guidance. For example, to identify the most appropriate custody and visitation arrangements, the parties may turn to child psychologists or counselors, who may meet with children and parents, assess needs and skills, and make a recommendation. With respect to property distribution, the parties often hire financial planners or consultants to determine how the parties can fairly allocate debts and assets.

If the parties successfully resolve all matters without the intervention of the court, an order is typically drawn up and submitted to the court, to be signed by the judge. However, if the parties run into any insurmountable hurdles and must ask the court for guidance, each party must hire new legal counsel for any further representation.

The collaborative process offers a number of potential benefits. Because it avoids a lot of the typical pre-trial discovery, it can be less expensive and can be resolved more quickly than through the traditional divorce process. In addition, if the parties successfully complete the collaborative process, it can have significant benefits when dealing with any minor children.

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.