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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

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Jun 15

Avoiding the Common Mistakes When Dividing Finances after a Divorce

Division of Property

In the aftermath of a marital breakup, determining how assets and debts will be allocated can be the most challenging task. Without competent legal guidance, there are a number of common miscues that many people make.

Failing to Look at the Tax Consequences of Dividing Property

On the surface, it may appear that you and your ex came out about even, but what about the potential tax ramifications? If one party gets to keep the house and the other party gets retirement plan assets, there can be a significant difference in the value when you actually see the money. Because most retirement plan assets are pre-tax contributions, there will typically be tax consequences upon the withdrawal of funds. However, with the sale of a house, provided the capital gains fall under the allowable amount, there may be no tax event.

Keeping Some Accounts in Common with Your Ex

There’s no good reason to keep any joint accounts with your ex. You’ll want to close all joint bank accounts, credit cards, and investment accounts, as well as any debts/loans, including your mortgage. Don’t forget to change the beneficiary on life insurance policies, annuities, retirement accounts and investment portfolios, unless you want the proceeds to go to your ex in the event of your death.

Making Financial Decisions Based on Emotional Attachments

In general, property is just property and can be replaced. The minute you start attaching emotional value to items of personal or real property, you put yourself in a position to be exploited.

Failing to Take the Time to Identify and Locate All Debts and Assets

A recent study found that nearly 20% of recently divorced people admitted to hiding a bank account or other asset from a spouse. Don’t let your desire to be done with the process let you get the short end of the stick.

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.

May 15

Successful Strategies for Moving On after a Divorce

Happy Woman

In the aftermath of a divorce, it can be easy to get stuck in a rut. You may, rightfully, feel a tremendous sense of loss or failure. Here are some suggestions to help you turn your divorce into a positive event in your life:

  • Take time to get to know yourself again—Often, in an attempt to keep a marriage together, parties will give up many of the things they love for the sake of harmony. Sometimes, you can even lose touch with the activities that feed you. Now’s the time to reacquaint yourself with those things that feed your passion.
  • Be open to new things—After a divorce, you don’t have to please anyone except yourself (though you do need to take care of your minor children). If there’s a new way of doing things that works better for you, now’s the time to give it a try.
  • Don’t live in the past—You can learn from the past, but you have to live in the present. Continually revisiting what went wrong or who did what to whom only keeps you stuck in the past, where you can’t possibly find any happiness. Let bygones be bygones and move forward.
  • Don’t keep it all in—Frequently, the principal cause of a divorce is an unwillingness to be open and honest in your communication. It may be too late to apply that to your marriage, but you can turn over a new leaf, so that future relationships start on more solid ground. If you have minor children, keeping open lines of communication can be critical. Be careful, though, that you don’t use your children as sounding boards for any complaints you have about your ex. That doesn’t benefit anyone.

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,

May 02

The Legal Process for Relocation with a Minor Child in Pennsylvania

Process for Relocation with a Minor

In another blog, we talked about the restrictions under Pennsylvania on a parent’s right to relocate with a minor child—you must have the approval of the non-custodial spouse, as well as the approval of the court. The process for obtaining this approval is pretty clear cut in Pennsylvania. This blogs lays out the requirements.

Notice to the Non-Custodial Spouse

At least 60 days before you plan to move, you must notify the non-custodial parent of your proposed move. This notice must be sent by both regular and certified mail, and must include:

  • An address and phone number for the new residence
  • The names of anyone who will reside at the new home
  • The name of the school, as well as the school district, where the minor children will attend
  • The date of the relocation
  • Your reasons for relocating
  • A proposed custody and visitation schedule for after the move

In addition, you must provide the non-custodial parent with an affidavit for the other spouse to fill in, allowing them to agree or object to the move and/or the proposed custody arrangement. Your ex must also be advised that they have 30 days to respond to object to anything in your notice.

As the objecting spouse, you must complete and file the affidavit within the specified time (30 days of the receipt of notice of intent to relocate) and you must give the custodial parent a copy of your affidavit objecting to the move.

If an objection is filed, the court must schedule a hearing. The parent seeking to relocate has the burden to establish that the relocation will be in the best interests of the child. The objecting parent can also introduce evidence to challenge that assertion.

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.

Apr 20

Relocating with a Minor Child—Pennsylvania Law

Relocating with a Minor Child

In the aftermath of a divorce, there may be many reasons you want to relocate—a new job, closer proximity to family or friends, or just to start over with a change of scenery. But if there are minor children and you have physical custody, you need to be very careful when considering such a move.

Under Pennsylvania law, you must obtain court approval before you can relocate outside of the state, and even if you relocate inside Pennsylvania, if the distance between your new residence and the non-custodial parent would “significantly impair” that parent’s ability have meaningful access or custodial time with the child. You must also have the approval of the non-custodial spouse or any party with custodial rights to the child.

So what does it mean to “significantly impair” a non-custodial parent’s rights? The first assessment the court will typically make is the extent to which the move would change both the amount of time the non-custodial parent would have with the child, and the ease with which the non-custodial parent would have access to visitation. It’s important to understand that the Pennsylvania child custody laws do not establish any specific distance as a relocation—a move within the same county may (though rarely is) be found to constitute relocation. Conversely, under the right circumstances, a move of a few hundred miles may not qualify as relocation.

It’s also important to understand that these provisions apply whether or not there is a custody order in place. While a parent’s right to take a child out of the state is not as limited, in the absence of a custody order, a parent cannot relocate with a minor child in the absence of court approval and the approval of the other parent, even if no divorce proceeding has been filed.

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.

Apr 11

Understanding Child Emancipation in Pennsylvania

Child Emancipation

In Pennsylvania, as in most states, a parent has the legal obligation to provide support for a minor child, with the requirement terminating on the child’s 18th birthday. There are instances, however, when that responsibility may cease before the child becomes 18.

Unlike many other jurisdictions, Pennsylvania does not have a statute that identifies the circumstances under which a minor will become emancipated. Instead, the courts have held that the determination of whether or not a minor is emancipated is an issue of fact, to be evaluated and decided based a number of criteria, including:

  • The extent to which the child is living on her or her own
  • Whether or not the child is dependent on a parent for support
  • The extent to which the child relies on parents to make decisions regarding employment, education, health or other key factors
  • The age of the child seeking emancipation or whom a parent seeks to establish as emancipated—the younger the minor, the less likely the court will find the child to be emancipated

If the court concludes, based on the facts, that the child is emancipated, the court may rule that the parents no longer have any legal responsibility to provide for the child’s welfare.

It’s important to understand, though, that a determination of emancipation is not necessarily permanent. If a minor is determined to be emancipated, but circumstances change, such that the minor is no longer able to either provide for his or her own needs, or make his or her own decisions, the court may invalidate the emancipation and order parents to provide support.

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.