fbpx

Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

Visit Our Blog

May 24, 2013

Decided on divorce? – first steps to take

Before rushing into divorce, you should first take a deep breath and carefully consider all of the pros and cons that come along with the process. Although it is not legally required that you hire legal representation, it is in your best interest to consult an experienced attorney in your area who is familiar with the divorce process.

First, you must determine whether to file on either fault or no-fault grounds. Under the Pennsylvania Divorce Code, fault grounds may be granted where one spouse is guilty of severe misconduct including adultery, desertion, cruel and barbarous treatment, being sentenced to prison for two (2) or more years, and other harmful behavior. In addition, fault grounds may exist where one spouse has been committed to a mental institution for at least eighteen (18) months and will most likely not be discharged for at least eighteen (18) additional months. Fault grounds, however, are very rare due to the extreme amount of emotional stress created by the process. Moreover, most spouses decide to pursue a divorce based on no-fault grounds. The Pennsylvania Divorce Code provides that no-fault grounds may be granted in two situations. First, when 90 days have elapsed since the commencement of the action and the parties mutually consent to the divorce. Second, where the court finds that after a twenty-four (24) month separation there has been an irretrievable breakdown of the marriage. In order to qualify for a divorce based on irretrievable breakdown, the parties must have been living separate and apart from each other for a minimum of two (2) years.

Once you have determined what grounds to file on, it would be wise to collect any and all relevant documentation, consult an attorney and initiate the proceeding in court by filing and serving the divorce complaint.

For additional information about Pennsylvania family law or the divorce process, or to discuss your particular situation and learn about your options, please schedule a confidential consultation with attorney Joanne Kleiner by calling us at 215-886-1266. Or, fill out our intake form and we will contact you. The decisions you make today really will affect your future. Let us help you make those decisions intelligent and informed.

May 21, 2013

Co-parenting pets

Pets are becoming increasingly involved and fought over in divorce conflicts. Oftentimes, pet owners treat their pets like children; and surprisingly, some courts agree and have begun to award custody, visitation and support payments for a pet in domestic cases.

Pennsylvania law, however, considers pets to be personal property. As such, the courts in Pennsylvania generally will not enforce an agreement made between spouses as to the “custody” of a pet and may not award title to a pet to just one of the divorcing parties. For example, in Desanctis v. Pritchard, the parties treated their dog, Barney, as a child and sought shared custody based on a settlement agreement entered into by the two parties pursuant to their divorce. The Superior Court of Pennsylvania, however, found that any agreement, which attempts to award custodial visitation or shared custody of personal property, including a pet, is void as a matter of law. The Court’s view on pet custody is strongly portrayed in its quote that the visitation arrangement sought to be enforced by the parties was “analogous, in law, to a visitation schedule for a table or a lamp.”

For additional information about Pennsylvania family law or the divorce process, or to discuss your particular situation and learn about your options, please schedule a confidential consultation with attorney Joanne Kleiner by calling us at 215-886-1266. Or, fill out our intake form and we will contact you. The decisions you make today really will affect your future. Let us help you make those decisions intelligent and informed.

Apr 24, 2013

Jenkintown Paternity / Child Support Attorneys

A number of legal rights and obligations are at stake in determining the paternity of a child. Under Pennsylvania state law, fathers can be forced to pay child support for their non-custodial children, regardless of whether or not they were even aware they had a child. Alternatively, establishing paternity provides legal grounds for visitation and parenting time rights for fathers who want to establish a relationship with their son or daughter. In this way, mothers interested in receiving child support for their child and fathers who would like parenting time with their child can petition the court to determine paternity.
In order to establish the paternity of a child, the court will order that the putative father submit to a DNA test. Typically, this involves taking a cotton swab and swiping the inside cheek of the putative father to determine if there is a DNA match with the child.

Child Support and Paternity

While confirming the identity of your child’s father provides legal grounds for seeking a child support action against him, it’s important to remember that child support is intended for your son or daughter. Consequently, child support should not be considered a form of punishment nor should it be treated as exclusively your income; rather, it is for the maintenance and support of your child. In order to determine the amount of child support awarded, the court will use a formula determined by Pennsylvania state law that takes into consideration parental income, the number of children involved, health insurance costs, daycare costs, and other factors.

Other Legal Considerations Involving Paternity

While child support is an important factor in determining paternity, other legal issues come into play as well. For example, once paternity is established your son or daughter may have certain rights as an heir regarding their father’s estate. Additionally, depending on the age of the child involved, their father may be required to include them in their health insurance plan or list them as a beneficiary for certain kinds of death and Social Security benefits.

Fathers, Paternity, and Parenting Time Rights

Determining paternity can leverage a father’s rights regarding parenting time with his children. Regardless of whether or not you are listed on a child’s birth certificate as the father, if a court-ordered DNA indicates you are the father, you can petition the court for parenting time with your child. Here, however, it’s important to remember that the court will act in what it believes to be the best interest of a child. As such, the court may undertake measures to ensure you don’t pose a threat to your son or daughter. Once it’s determined that parenting time with you is in the best interest of your child, there is nothing their mother can do to deny you your parental rights.

Contact Paternity Family Law Attorneys at Joanne E. Kleiner & Associates

Regardless of whether you’re interested in obtaining a child support judgment against your child’s father or you’re a father interested in establishing your parental rights, we can help. To discuss your case and the legal options available to you, contact paternity family law attorneys at Joanne E. Kleiner & Associates today.

Mar 19, 2013

Jenkintown Pennsylvania Child Custody Attorneys

Whenever child custody issues come before the court, the court will act in what it believes to be the best interest of a child. This is especially important to remember if you or your former spouse is considering relocating some distance away or outside of the state of Pennsylvania. Regardless of whether you have custody of, or parenting time with your children doesn’t mean the court will approve your relocation. Even if a job opportunity, sick parent, or a new love interest requires you – in your mind – to relocate doesn’t mean the court will agree; rather, they will focus on what is in the best interest of your children.

Determining the Best Interest of a Child – What the Court will Consider

When a post divorce modification is filed regarding a proposed parental relocation , the court will consider the following:

  • How likely is the move to improve the life of the custodial parent and child
  • What is the motivation for the relocation
  • Has the move been planned for sometime or is it due to a desire for a “sudden break or change”
  • Will the move isolate the child from his or her relatives
  • How disruptive will the move be
  • Does the child have medical or education needs that will be threatened by the move
  • Are the alternative arrangements that don’t require a relocation
  • Will the relocation substantially disrupt visitation with the non-custodial parent

Parental Relocations: Understanding Your Custody or Parenting Time Rights

First, it’s essential to remember that each parent is legal required to honor the terms of their divorce settlement. Consequently, if a parent violates the terms of the custody arrangement approved of by the court, he or she can be held in contempt. This could result in changes to custody arrangements and further sanctions the court deems necessary. This means if either parent relocates without first filing for a post divorcement modification, he or she can be held in contempt.

Secondly, in Pennsylvania there are essentially two general kinds of child custody: physical custody and legal custody. Physical custody involves living with either parent, dividing up the time between them equally (joint custody), or participating in their rearing on a regular basis. Legal custody refers to the right of a parent to be involved in major life decisions regarding a child’s education, medical care, religious upbringing, participation in certain events, and other matters.
Here, even if a parent does not have physical custody but does have or shares in legal custody, their rights must be taken into account before any parental relocation can be approved.

Contact Jenkintown Parental Relocation Attorney Joanne E. Kleiner

If the court approves a parental relocation, the child custody agreement will need to be modified. For example, if the custodial parent intends to move to California, parenting time schedules involving vacation time, holidays, and how expenses are shared accordingly will need to be introduced and approved.
Protect your rights and those of your children – contact Jenkintown child custody attorneys at Joanne E. Kleiner & Associates today.

Mar 04, 2013

Divorce and Business Owners

Jenkintown Closely Held Business Divorce Attorneys

Pennsylvania is an “equitable division” state when it comes to the division of marital property during divorce. Speaking generally, this means the court must decide what constitutes an “equitable division“ of a couple’s assets, retirement funds, and property given the length of a marriage, the earning potential of each spouse, the work history of each spouse, and a number of other considerations. As such, “equitable division” does not mean a 50-50 split down the middle. Consequently, if one or both spouses own a business, the court must determine what constitutes and equitable division of its assets and worth.

Determining the Value of a Closely Held Business

In cases where one spouse owned a business prior to marriage, if marital assets were used to support, maintain, or expand the business in question the court will treat it like marital property. Unless a prenuptial agreement was signed to the contrary, the fact that one spouse started a business and operated it prior to marriage does not exempt it from consideration as marital property. Once marital funds are co-mingled in its operation, it will be considered as marital property.

As a result, a business valuation must be undertaken as part of the division of marital assets. Regardless of whether you’re the business owner or not, you and your divorce attorney will want to have the business valued by an expert in order to protect your interest. Since business valuations can differ, it’s important to have your own expert conduct a thorough review to ensure an estimate isn’t too high or too low. Additionally, depending on the complexity of a business and its operations, it may be necessary to work with a forensic economist to uncover hidden assets associated with a closely held business.

Contact Jenkintown Pennsylvania Divorce Attorneys

If you or your spouse owns a business and your facing divorce, contact Jenkintown divorce attorneys at Joanne E. Kleiner & Associates today. We have worked with countless clients in regard to divorce, property division, and closely held businesses. We understand the financial issues involved and have the resources needed to ensure your interests and protected.