fbpx

Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

Visit Our Blog

Nov 03

What is an Annulment in Pennsylvania?

Annulment

If your marriage is over and you are considering legal action to terminate the relationship, you may have heard the terms “annulment” and “divorce,” and wonder what the difference is and whether one is better for you than the other. In actuality, it’s rare that you have the choice to file an annulment or a divorce complaint. There are specific grounds for qualifying for an annulment. If you don’t meet the statutory grounds, your only recourse is through a divorce.

An annulment, like a divorce, legally terminates a marriage. The key difference, from a legal perspective, is that an annulment treats your marriage as if it never happened, rending the marriage void or invalid. A divorce, on the other hand, acknowledges that the marriage was legitimate, but officially ends it.

In Pennsylvania, there are several ways that you may qualify for the annulment of your marriage. Some of those grounds make a marriage void, while others make it “voidable.” The difference? A void marriage can never be valid, as a matter of law. A voidable marriage, alternatively, can be legal, but one of the parties may have the right to void the marriage.

Annulments Where a Marriage is Void

Pennsylvania will not recognize the following marriages as valid:

  • A marriage which results in bigamy or polygamy. If one of the parties is legally married at the time of the purported marriage, it is not valid
  • A marriage to a first cousin or any closer relative
  • A marriage where one of the parties lacked mental capacity or competence to consent to marriage
  • A common law marriage where one of the parties was under the age of 18

Annulments Where a Marriage is Voidable

One of the parties may void a marriage in Pennsylvania if:

  • One of the parties was under the age of 16 at the time of the marriage and did not have court and parental consent
  • One of the parties was under 18 and did not have parental consent
  • One of the parties was under the influence of drugs or alcohol at the time of the marriage ceremony
  • The parties cannot consummate the marriage, i.e., one of the parties is unable to have sexual intercourse
  • The marriage was entered into under fraud, duress or coercion

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.

Oct 20

The Divorce Residency Requirements in Pennsylvania

Divorce Residency

There’s a common misperception that you must file for divorce in the state in which your marriage took place. Though that’s not accurate, there are some limitations on where you can file. Before you can seek to have a marriage terminated through a divorce proceeding in Pennsylvania, you must first meet a number of procedural requirements, including verification that the courts in Pennsylvania will have jurisdiction over the proceedings. The first step is to meet the residency requirements. If you file a complaint, but don’t meet the residency requirements, your legal action will simply be dismissed.

In order to file a complaint for divorce in Pennsylvania, at least one of the parties must have been a resident of the state for a minimum of six months. There is no requirement that both parties meet the residency requirement. A Pennsylvania resident can sue a non-resident for divorce in a Pennsylvania court, or a Pennsylvania resident may be sued in Pennsylvania by a non-resident plaintiff.

In addition to the state residency requirement, there’s also a residency requirement to determine which county court is the proper venue for the divorce filing. If the defendant lives in Pennsylvania, the divorce complaint must be filed in the county in which the defendant resides. If the defendant lives in another state, the plaintiff may bring the action in the county where he or she claims residence. If the defendant lives in the state, the filing party may bring the lawsuit in the “county of matrimonial domicile,” i.e., where the parties lived during marriage, but only if the plaintiff has continued to live there.

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.

Oct 07, 2016

Grandparents’ Rights in Pennsylvania

When a marriage ends and there are minor children in the home, the changes brought about can have a devastating impact on more than parents and their kids. Other relatives who had developed bonds with the children, including grandparents, can experience a tremendous sense of loss.

The Rights of Grandparents in Divorce Proceedings in Pennsylvania

It’s always permissible for the parents of any children of divorce to agree to allow visitation with grandparents. Unfortunately, that doesn’t happen very often. Even in the absence of parental consent, grandparents may petition the court for visitation rights, under the following conditions:

  • At least one of the parents is deceased
  • Where the parents’ marriage is legally dissolved or the parents have not cohabitated in at least six months, or
  • The child has lived with grandparents for a least a year

As with all matters related to custody and visitation in Pennsylvania, any determination related to grandparent visitation must be evaluated in terms of whether it will be in the best interests of the child. The court must also consider the nature of the grandparent-grandchild relationship before the request for visitation, and must also conclude that granting visitation will not unreasonably interfere with the parent-child relationship.

Grandparents who seek physical custody of a minor grandchild will be required to show that such a grant is not only in the best interests of the child, but will encourage and permit frequent and continuing contact with the parent. If the child is subsequently adopted, all visitation rights end, unless the adopter is a grandparent.

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.

Sep 15

Court Addresses Issue of Mental Competency in Divorce Proceeding

Gavel and Rings

A Kentucky court has been asked by an 88-year-old man to end his marriage, but there’s a real catch. It turns out that his wife is also his legal guardian, a role she assumed eight years ago when the man was declared mentally incompetent.

Elmer Riehle says that a few “bad financial decisions” were all the evidence used by the court to make the declaration of incompetence. His wife, Carolyn, insists that he can’t be trusted to manage his own affairs and is prone to investing in “internet overseas pyramid schemes.” Elmer, who was diagnosed with dementia in 2013, just before he filed for divorce, wants the court to end the marriage and the guardianship.

Under Kentucky law, Elmer must first show that he is mentally competent. The state has banned divorce proceedings involving mentally incompetent persons since 1943. In Pennsylvania, as in most other states, a mentally incompetent person can file for divorce, but only through a guardian.

Elmer’s attorney says that he has ample proof that Elmer was mentally competent when he filed the divorce complaint:

  • Elmer found and retained the lawyer by himself
  • He verified all the information in the divorce petition without any assistance
  • He drove himself to all his meetings and court proceedings
  • Elmer is left at home every day without supervision or care, as well as when his wife goes on vacation without him

Elmer’s attorney says the case is less about money and mostly about Elmer’s right to manage his own affairs. He says that Elmer gets Social Security and has a small annuity through the Knights of Columbus, but no other income. Carolyn, on the other hand, makes $50,000 a year as a nurse, and says that without her control of the finances, Elmer would spend the couple’s money on “get-rich-quick schemes, scammers and predators.” She says that Elmer’s attorney is just the latest in a long line of people trying to take advantage of Elmer.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment with an experienced Pennsylvania high net worth divorce attorney, 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.

Sep 06

The Contested vs. Uncontested Divorce

Uncontested Divorce

When your marriage has ended and the only way forward is through a divorce filing, there are generally two ways that can proceed—as a contested divorce or as an uncontested divorce.

In an uncontested divorce, the party on whom the divorce complaint is filed (technically, the defendant) does not challenge the allegations in the complaint. That may come about because the defendant elects not to respond at all to the complaint for divorce. In such circumstances, the party who filed the complaint will typically be entitled to what is known as “default judgment.” In other situations, the party upon whom the complaint was filed may answer the complaint, but raise no objections. In either instance, the court will subsequently enter a divorce decree or order, identifying the terms of custody and visitation, support and the distribution of property.

With a contested divorce, though, the process is very different. A divorce becomes contested when the party upon whom the complaint is filed responds, challenging any assertion in the complaint. The divorce proceeding then moves forward toward trial. On the way to trial, a number of things can happen to terminate the process:

  • The parties can negotiate a settlement
  • The parties can use mediation to resolve their differences
  • The parties can reconcile and the complaint can be withdrawn

If none of these events occurs, the parties will typically go through a discovery period, where both sides gather evidence to support their claims. During this period, depositions may take place and parties may be required to produce documents, such as financial records. The court will likely encourage the parties, throughout the discovery process, to find a way to settle the disputes without a trial.

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.