fbpx

Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

Visit Our Blog

Jan 16

Pennsylvania High Court Allows Termination of “Gay Adoptions”

Because of a recent decision by the Pennsylvania Superior Court, many gay couples who had used adoption as a legal strategy will now be able to get married. Here’s how it works.

Gay Adoptions

Prior to the 2014 ruling that invalidated Pennsylvania’s Defense of Marriage Act, gay couples in Pennsylvania frequently used adoption as a means of protecting inheritance rights. However, under state laws, a person could not marry someone he had adopted, so those same couples had to seek to have their adoptions dissolved before they could marry. Many of them ran into obstacles, as judges frequently held that the state’s adoption laws did not allow for the termination or dissolution of an adoption, absent a showing of fraud or misrepresentation.

In a decision handed down on Wednesday, December 21, the state’s high court ruled that Pennsylvania allows an “unopposed annulment or revocation of an adult adoption.” The parties to the lawsuit, who have been in a committed relationship since 1970, are a 69-year-old man and his 80-year-old partner. They had asked the Allegheny County Court of Common Pleas to dissolve their adoption in June of 2015, but the court said it lacked the authority to do so under state law.

The court acknowledged that other states, with similar adoption provisions, had permitted adult adoptions to be dissolved under similar circumstances. The court remanded the matter to the Allegheny Court of Common Pleas with instructions to terminate the adoption, so that the parties can get married. The parties to the lawsuit said they thought the matter was a lost cause, as the high court had taken a long time to return a decision.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

Jan 04

Pennsylvania High Court Says Out-of-State Civil Unions May Be Dissolved in State

PA High Court Allows Dissolution of Out-of-State Civil Unions

Court Allows

The Pennsylvania Superior Court has ruled that a civil union is, for all practical purposes, the equivalent of a marriage, and that the state must grant parties seeking to terminate a civil union the same rights as parties seeking to terminate a marriage. The parties in the lawsuit were joined in a civil union in Vermont in 2002, opted to separate less than six months later, and have not been able to terminate the civil union because of the Pennsylvania Defense of Marriage Act. Unfortunately, since the DOMA was found unconstitutional, the Pennsylvania legislature has not taken any action to modify its family law codes to comply with the new law.

In the aftermath of the invalidation of the Pennsylvania DOMA, the parties in this case (Neyman v. Buckley) filed a divorce complaint in Philadelphia Family Court. The court refused to hear the case, however, arguing that it did not have jurisdiction, as the Pennsylvania statute only allows the state’s courts to divorce parties from “the bonds of matrimony.” The court contended that a civil union did not qualify as “bonds of matrimony.” In addition, the court cited Vermont law (where the parties entered into the civil union), which mad a clear distinction between marriage and civil unions. The court concluded that the lawsuit was more akin to a breach of contract than a divorce.

Pennsylvania’s high court, however, disagreed, ruling that a civil union has the “odor of marriage,” and differs only in matters of sexual orientation and semantics. Because the laws of Vermont do not contradict those of Pennsylvania, and because public policy favors recognizing other states’ law when they don’t conflict, the Pennsylvania courts should recognize the Vermont (and other state) civil union as being the same as a marriage.

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 20

Important Terms to Understand in a Pennsylvania Divorce-Part Two

Divorce Part Two

When you become involved in a divorce, you’ll be exposed to the legal system, where many of the terms used may seem like a foreign language. In an earlier post, we looked at what a divorce complaint is and what it includes, as well as the concept of equitable distribution. Here are some additional terms that should know and understand.

  • A qualified domestic relations order (QDRO)—A qualified domestic relations order is a legally enforceable document customarily used to address the distribution of retirement plan assets during a divorce proceeding. A QDRO can be used to divide IRA, 401k, and other pension funds. One of the key benefits to using a QDRO is related to taxation of the funds. As a general rule, when you withdraw funds that you contributed on a before tax basis, you must recognize tax on the withdrawal. However, with a QDRO, funds from a qualified plan can be transferred without any tax consequences. The party making the tax-free transfer may set conditions on access to the funds, limiting the recipient from withdrawing until the transferor begins to withdraw. The transferor may also limit who can be named as a beneficiary of the funds.
  • Final divorce decree—When the parties have come to a resolution of all issues related to a divorce, whether through a negotiated settlement, mediation, the collaborative divorce process, or trial, the divorce is still not final until a final decree, or order, is drafted, approved and signed by the judge. The final decree will identify specific details related to custody and visitation, child support, spousal support or alimony, and the division of marital property. Both parties will be entitled to a copy of the final divorce order. Violation of any of the terms of the order can be the basis for contempt proceedings against the violator.

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 12

Important Terms to Understand in a Pennsylvania Divorce-Part One

Divorce-Part One

Your marriage has ended and you have no recourse other than to file for a divorce. If you’ve never been involved in a divorce before, you’re going to encounter a lot of language that’s foreign to you. Here’s an overview of some of the common terms that are used in a divorce proceeding.

  • Complaint—The divorce complaint is the official document that is filed with the court. The complaint identifies the plaintiff (the person filing the document) and the defendant (the person from whom the divorce is sought. The complaint asks the court to legally terminate the marriage, stating specific grounds. In most instances, in what is known as a “no-fault” divorce, the filing party does not attribute blame to the defendant, but simply tells the court that the marriage is “irretrievably broken.” The complaint also identifies what the plaintiff wants with respect to custody and visitation, support and the division of marital debts and assets.
  • Equitable distribution—As a part of the divorce proceeding, the parties must divide the debts and assets acquired during the marriage, a process also referred to as a property settlement. There are generally two different ways a state may do that—through community property laws or through equitable distribution. Pennsylvania is an equitable distribution state. That means that, when it comes time to divide property and allocate debts, the court will consider a number of factors, such as age and health of the parties, length of the marriage, and potential earning capacity, in order to determine what’s equitable (or fair). The ultimate distribution need not be equal, only fair.

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.

Nov 27

Is the Collaborative Divorce Process Right for You?

Collaborative Divorce

Your marriage has ended, but you’re just tired of the fight. You don’t want to simply capitulate to be done with the relationship, but you don’t want a long, protracted fight, either. Have you considered the collaborative approach to divorce?

The Collaborative Approach to Divorce

The collaborative approach to divorce is an alternative that can save you time, money and hard feelings moving forward. It looks a little bit like mediation, but has some distinct differences.

In a collaborative divorce proceeding, you and your ex-spouse agree up front to resolve all your differences without the intervention of the court. That means that you, your lawyers, your ex and his/her lawyers all agree to seek cooperative and mutually beneficial solutions to all issues related to the divorce, from custody and visitation to child or spousal support and the equitable distribution of the debts and assets of your marriage.

At the onset of a collaborative divorce proceeding, you’ll usually enter into a “collaborative law participation agreement,” a contract that requires that you:

  • Negotiate all issues in good faith, seeking solutions that are beneficial and acceptable to all parties
  • Focus your energies on where you will go, not where you’ve been
  • Put the best interests of any minor children as a top priority in custody and visitation matters

Because you’ve agreed to attempt to resolve matters without the intervention of the courts, such matters as the division of the marital estate and the best arrangements for custody and visitation are often determined by consulting experts. In the collaborative process, it’s not unusual for the parties to retain a financial planner to propose a fair allocation of property or a child psychologist to suggest the best approach for custody and visitation.

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.