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Divorce and Family Law Office of Joanne Kleiner

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Mar 16, 2012

Division of Marital Property in Pennsylvania

Pennsylvania divorce law provides for the equitable division of marital property. Equitable division is based upon what is fair rather than on a straight equal division of property.

Generally, marital property is defined as the assets acquired during the marriage, although there are some exceptions, and marital assets may include:

  • Real property
  • Pensions
  • Retirement accounts
  • Business concerns
  • Stocks and bonds
  • Certificate of deposits
  • Bank accounts
  • Insurance policies
  • Other valuables such as vehicles, jewelry, etc.

Gifts and inheritances are typically excluded from the marital assets.

An experienced Pennsylvania family law attorney can help you ascertain what assets should be included and excluded from the marital estate. And when necessary, we can bring in experts such as forensic accountants and business valuators to help determine the value of assets.

The court considers several factors when determining the division of marital assets including:

  • Duration of the marriage
  • Spouses’ age, health, skills and employability
  • Contributions to the marriage (including from homemakers)
  • Spouses’ income sources
  • Tax liabilities for each spouse
  • Which spouse is the main caregiver of minor children
  • The earning capacity of each spouse
  • Alimony awards

In the case in which the parties cannot agree on marital property, the court will decide. Generally, the court cannot transfer a property title from one spouse to the other. However, it can award money to one party to compensate for the other party keeping property. When property was purchased with both marital and non – marital funds, the court determines what percentage of the property should be included in the marital estate and factors this into the monetary award.

Talk to a Pennsylvania property division attorney today

Determining the disposition of marital assets can be complex, and an experienced attorney can help you in sorting out your marital assets. Contact us online or call (215) 886-1266 to discuss your asset division matter today.

Feb 14, 2012

Types of Child Custody in Pennsylvania

One of the most difficult issues of a divorce is child custody. Who gets custody of the minor children, visitation and determining parenting time can be difficult even under ideal conditions. However, custody issues can usually be revisited as circumstances change, and an experienced Pennsylvania family law attorney can help you obtain custody modifications when appropriate.

The types of child custody in Pennsylvania are as follows:

• Temporary custody (de facto). This is different from court-ordered custody and refers to who has custody of the child currently. If you want to maintain custody during litigation you must file a request for temporary custody with the court.

• Sole custody. Sole custody is when one parent is given both legal and physical custody of the child and the child has only one primary residence. Legal custody is the right to make decisions for your child concerning education, religious upbringing, discipline, medical care and other significant matters concerning your child’s welfare. Physical custody means your child lives primarily with you and you make the decisions about your child’s day-to-day needs.

• Split custody. Split custody refers to a case in which there are two children and each parent has full physical custody of one of the children.

• Joint custody. Under joint custody you could have joint legal custody, when both parents share the control and care of the child but that child has one primary residence; shared physical custody, when your child has two residences and spends at least 35 percent of his or her time with the other parent; or you can work out a customized joint custody agreement with your ex-spouse that is a combination of shared physical and joint legal custody.

Get your child custody questions answered

At the core of child custody issues are your child’s best interests. To talk to a caring and compassionate family law attorney, contact us online or call (215) 886-1266 to discuss your child custody matter.

Jun 20, 2011

5 Mistakes People Make When Contemplating Divorce

People contemplating divorce should think ahead. Divorce is not something that should be entered into blindly. You need to take the time to evaluate your situation, and if possible, take the time to put yourself in the best position for a divorce.

To assist you, we would like to provide you with the information you need to avoid five common mistakes that other people make when contemplating a divorce:

1. Make sure you do not rush into a divorce. That is not to say that divorce may not be right for you, but it does mean that you should take care to make informed decisions and protect yourself and your future from adverse financial consequences, to the extent possible.
2. Do not go on a spending spree. Rather, take any excess money you have to buy down your debts. The less you owe, the better shape you will be in when you divorce.
3. Consider mediation or the collaborative law process, especially if you have children. Collaborative law in a divorce will help ease the stress on you and your children, as well as give you much more control of the terms of your divorce.
4. Make sure property and credit cards in your name, and if possible, establish your credit. You do not want to find yourself with no credit after a divorce.
5. Gather as much information about your finances as possible, including account numbers, contact information and balance history for all insurance policies, bank accounts, investments and retirement plans. Do not go into a divorce blind, you need to know as much as possible about your family finances.

Divorce can be difficult. Oftentimes individuals want to rush through a divorce and move on with their lives. However, you will find that a little time and contemplation now, may end up providing you with a much brighter and financially secure future. If you are letting emotion cloud your judgment, consult with your family law attorney and divorce lawyer. They should be able to ground you and ensure you have the information and fortitude to make sound decisions.

At Joanne E. Kleiner & Associates, Ms. Kleiner is a family law attorney and divorce lawyer who brings more than 25 years experience in family law and divorce to the table, including collaborative law experience. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.

May 17, 2011

Tips for Finding a Divorce Lawyer

The end of a marriage is usually an emotional milestone in a person’s life, and one where reliable, persistent and approachable legal representation is key to an equitable outcome. But with so many qualified divorce lawyers vying for your business, how do you choose one who you can believe in? Undoubtedly, you want an attorney you can trust to provide the highest quality representation that fits both your budget and your personality.

Meeting your needs

There is more to hiring an attorney than merely finding someone highly experienced in representing clients in the area of law in which you need representation. Ideally, the lawyer will provide diligent legal services and be approachable about your concerns, all for an affordable fee.

If you believe your case will be contentious, or will at least require time in court, spend time at your courthouse watching attorneys in action. How do they speak to their clients?

Other suggestions

The decision about who you hire to represent you in your divorce is one that will likely impact the rest of your life. You need someone capable of obtaining the best possible settlement available to you under your state’s divorce laws. While the following is not an exhaustive list of matters to consider when hiring a divorce lawyer, it provides a solid foundation for beginning your search:

  • If you need to meet evenings or weekends, will the lawyer accommodate your schedule?
  • It is required in Pennsylvania for the attorney to offer a written fee agreement? That’s important because you want to know exactly what your attorney has committed to do for you, and at what cost.

You will have to live with the end results of your divorce for the rest of your life, so be selective about the attorney you hire to represent you.

Apr 08, 2011

New Pennsylvania Law Governs Relocating with Children Postdivorce

If you’re a resident of Pennsylvania and you’re planning to move with your children postdivorce, whether in or outside the state, you’ll want to know that Act 112 of 2010 went into effect in late January 2011. While the new statute governs several aspects of child custody, it also establishes a framework for the Pennsylvania court system to follow when ruling on a party’s request to relocate with a child following a divorce.

Under the Act, a party who wishes to move is required to give notice to anyone else with custodial rights to that child. The type of relocation triggering the adherence to the new law is one that would significantly inhibit the capability of the non-relocating party to exercise their custodial rights. The move needn’t be one outside the state of Pennsylvania; a relocation within the same county can even trigger the new law.

The parent seeking the relocation must notify the non-relocating party at least 60 days before the proposed move. Once notice is given, the non-relocating party has 30 days to oppose it and file a counter-affidavit explaining their opposition.

In addition to other information required by the new law, the relocation notice must state:

  • The reason for the relocation;
  • The child’s new residential address;
  • The name of the child’s new school; and
  • An amended custody schedule proposal.

If you are a divorced parent considering relocating with your children, be assured that Joanne E. Kleiner & Associates is prepared to advise you about your rights under Pennsylvania law.