In a divorce, social media activity can be used as evidence which may affect alimony, property division and child custody. Accordingly, anyone involved in these family law proceedings should be cautioned about use of social media. As many people know, once something is posted online, it can never truly be deleted. Social media posts are being used more and more in courtrooms during divorce proceedings.

In a divorce, a post on social media may be used to undermine a party’s truthfulness or to demonstrate that one party was having an affair prior to the date of separation. With regard to property division, evidence from social media could show that a party is hiding either marital or separate assets. Sometimes, even if the social media cannot be directly used to show concealment of assets, it can provide a basis for more thorough discovery.

In a custody dispute, social media posts can be used against a party to show that the party is not fit to have custody of the child. One of the factors that Pennsylvania Courts look at when determining whether a parent should receive custody is a history of drug or alcohol abuse. If a social media post were to reference irresponsible activities such as drug use, this evidence can be used against the party. Some other factors include willingness of the parties to cooperate with one another and whether the parent would encourage continuing contact between the child and the other parent. Disparaging posts by one parent against the other parent on social media can be used to infer an unwillingness to cooperate and a tendency to alienate.

Additionally, in support matters, social media posts alluding to recent vacations, expensive purchases, or even job promotions can undermine that party’s argument that he or she cannot afford support payments.

It is a good idea not to post on social media regarding the other party, vacationing, partying, spending, or anything of the like when you are involved in a divorce, support, or custody proceeding. Even an innocent post may be twisted and used against you. Use common sense if you do post to social media during legal proceedings, knowing that your posts may appear in the courtroom.

For years we have heard about the importance of spending “quality time” with our children. When you are divorced and following a custody schedule (sometimes called a parenting time schedule) you may feel you have to create special moments in every day you have your kids. Settinging the expectations of constant magical moments when your children are in your care is unrealistic. It is important to establish routines, new traditions, and allow your children to grow up in a supportive environment.

Children love routines. Make sure you run your home to ensure they can settle into a schedule as they arrive. This includes where they put their bookbag, what time dinner is served, and when they should make their lunch. The familiarity when they are with you will be a comfort to them and allow them to ease into your home when they spend time with you.

Traditions are important for children so bring forward into your post-divorce life a few from the past and also create some new special memories. This may include establishing Sunday dinner when everyone gathers to help cook, an annual ski trip, visiting the Shady Brook Farms light display, or watching Fourth of July fireworks together. These traditions do not need to be elaborate or expensive. In fact, sometimes the sillier and simpler the better remembered.

As your children age they will start to establish their own lives with friends, dating, and sports schedules. There will be times when you feel you barely see them as they have another game, a date, or want to sleep over at a friend’s house. This will take them away from you during “your parenting time” and you may feel it is unfair since you already have limited time with them. However, realizing that this is a natural part of growing up and not making them feel guilty is imperative to their emotional well-being. Support them and enjoy the time when they are with you. Establish those traditions, like family dinners that they will cherish and soon enough you will find that they are older and actually want to spend time with you again.

There are many adjustments when you divorce. Spending less time with your children is a hard one that takes some to settle into. However, if you are steadfast in providing a loving home and committed to making memories you will undoubtedly enjoy your time with your children and watching them grow.

International custody cases raise issues of both jurisdiction as well as subsequent enforcement. For cases beginning in the U.S., the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) likely applies. The UCCJEA gives jurisdiction for a custody matter to the home county of the child. This would be the county where the child has resided for six (6) months prior to the commencement of the custody action. If jurisdiction is not clear based on an analysis of the home state, the courts should then look to see where there are significant connections and substantial evidence relevant to the custody action. Significant connections is more than just mere presence in any state. Once a court obtains jurisdiction under one of guidelines above, that court continues to have exclusive jurisdiction until it is established that another court has become more suitable for jurisdiction. Accordingly, any modifications of custody must go through the court that made the initial or prior determination.

Enforcement of a custody order is addressed by the Hague Convention on the Civil Aspects of International Child Abduction. Signatories to the Hague Convention are required to immediately return children if taken or retained in violation of a custody order. All countries who are parties to the Hague Convention must establish a “Central Authority,” an office responsible for dealing with Hague Convention violations. For children removed from the United States, a petition for return should be filed through the U.S. State Department, Office of Children’s Issues. From there, the petition is transmitted to the Central Authority for the other country involved and ultimately adjudicated there. It is important to begin the process as soon as a violation occurs for the best likelihood of having the child returned.

Click here to read more about custody matters.

As a Bucks County Divorce attorney I have worked with many clients who are facing a divorce they do not want. They may still be in love and want to work on the marriage. At the very least they want to hold the family together for the sake of the children. However, when the other spouse is adamant, they do come to realize there is little they can do. Many ignore the divorce papers they were serviced. This can be a dangerous mistake to make. It is critical to take a few necessary steps to protect yourself personally, legally, and financially.

First and foremost, if your spouse has started the legal process it is imperative that you take action. There are important timelines to follow including paperwork that must be filed with the court and the gathering of documents in a timely manner. Stalling the process could cause significant problems for you. We should meet to review what has been done, the information you have, and the important pieces you need to put in place.

Next, start collecting documents. No matter where you are in the process or how serious your spouse may be about moving forward, it is time to get educated in the finances of your household. Make a list of all financial accounts you have including passwords to accounts. You will need your original marriage certificate, any financial documents from the last three months, the deed to your home, and insurance information.

And of course, as this is going on you need to take care of yourself. Putting a support system in place will be critical as you deal with the end of your marriage, helping your children into their new lives, and moving forward. This can include confiding in close friends and family (hopefully one who has been through a divorce), and possibly spending time with a therapist to ensure you remain emotionally strong. If your spouse is willing you could see a couples counselor or the head of your religious organization.

When one spouse starts discussing divorce it can be a shock to your system. Take the legal process seriously even if you want to work to stay together. Here at our office in Lanhorne, PA I have worked with clients who have eventually reconciled and recommit to build a stronger marriage. We have also helped those who struggle with the divorce to find a happier life waiting for them in the future.

If you want to keep the house in a divorce, you may wonder what they will entail. If the mortgage is in joint names or in your spouse’s name, you are definitely going to need to refinance the mortgage into your own name at the time you get divorced, unless your spouse is nice and agrees to stay on the mortgage longer. If there is equity in the home, and not enough other assets to compensate your spouse in other ways, there is a good chance you are also going to need to come up with additional money as part of the refinance in order to buy your spouse out. The equity will be the value of the home at the time of the distribution less all the debt on the home (mortgage, home equity lien, etc.). The amount you will have to pay your spouse will depend on the percentage split of the assets as well where you live. In some counties they will deduct the cost of sale even though you are not selling the home. In others, they do not. If you need to time to be able to refinance, in some cases, it is recommended that you wait the two year period that you can delay a divorce by not consenting. During that time, as long as the mortgage is being paid you can remain the house while you work to build your credit or income so that you can refinance. If you are interested in keeping the house, you will want to check your credit as soon as you separate and talk to a mortgage broker or lender to see what things you will need to do in order to qualify for a loan and then set a plan to meet those steps. You also want to make sure you create a budget to make sure that you really can afford the home. You will need to project your income, the support you receive and the costs of the home, not just the mortgage but all the maintenance and make a decision based on all those factors.

When you die without a will, your state’s intestacy statute dictates how your estate is distributed. For the most part, only assets in your own name are transferred through the probate process. For example, life insurance proceeds or retirement accounts with beneficiaries pass directly to the designated beneficiaries. Also, real estate owned as joint tenancy with right of survivorship or tenancy by the entirety passes directly to the survivor(s).

In Pennsylvania, assets are distributed as follows:

If you leave a spouse and children (and all children are also children from your spouse):

Spouse gets $30,000 plus ½ of the remainder, the children get the remainder.

If you leave a spouse and children (and at least one child is from a different parent):

Spouse gets ½ of the estate and the children share the remaining ½.

If you leave a spouse and no children, but your parents are still alive:

Spouse gets $30,000 plus ½ of the remainder, your parent(s) get what’s left.

If you leave a spouse and no children or parents:

Spouse inherits everything.

If you leave children, and no spouse:

Children inherit everything.

If you leave parents, but no spouse or children,

Parents inherit everything.

If no parents, spouse, or children survive you:

Siblings inherit everything.

If you have no parents, spouse, children, or siblings, then your estate goes to grandparents, aunts & uncles, and cousins. If this is the case, it is best to speak with an experienced attorney as it can get complicated.

If you have no living relatives, then the estate eventually goes to the Commonwealth of Pennsylvania.

If you expect to receive alimony in a divorce, you will want to make sure that any agreement specifies the terms on which it is modifiable. Alimony is normally modifiable in amount provided you state that in your agreement, but not modifiable in duration. In Pennsylvania, however, if your spouse dies or you remarry or you live with another person unrelated of the opposite sex, alimony terminates at that time, unless you specify otherwise in an agreement. Since alimony does terminate in death, it is important to consider life insurance in your divorce plan or agreement. Many agreements will provide that until your alimony terminates that it is secured by a life insurance policy equal to or more than the remaining amount of money that you anticipate that you will receive over the course of the alimony term. In some instances, you may want to consider a buyout of alimony if you are paying alimony. This means that instead of making monthly payments on alimony, you lump sum the payment upfront and usually ask for a reduced amount since the money is being paid immediately. In this case, however, you may lose the deduction on your tax return depending on how the agreement is drafted since normally alimony is deductable by the payor and taxable to the payee. In addition, you will not be entitled to any of the payment back should your spouse remarry or cohabitate, but you will not be subject to an increase if your income goes up. There are many options to consider when paying or receiving alimony that should be considered in any divorce settlement. You should consult both an attorney and a certified public accountant.

This weekend many will be celebrating Valentine’s Day with their loved ones. Cards and gifts are exchanged to express love and friendship. February 14th also marks V-Day: a global activist movement to end violence against women. This movement started in 1998 and has raised millions of dollars in addition to bringing awareness of the issue of violence against women on an international scale. Pennsylvania recently enacted the Protection from Sexual Violence and/or Intimidation Act (PSVI). The Act allows victims to obtain a civil no-contact order for up to three (3) years on the basis of sexual violence.

In addition to the Protection available under the PSVI, Pennsylvania has the Protection from Abuse (PFA) Act which also provides a civil remedy in the form of a stay away order. The PFA Act can only be utilized if there is a certain relationship between the victim and the offender (e.g. spouse or former spouse, parent of child with Defendant, current or former intimate partner or family member of the Defendant). The PSVI Act does not restrict protection based on relationship of the parties involved. Violation of either a PFA or PSVI Order can carry criminal consequences. A Woman’s Place is a domestic violence organization based in Bucks County that serves as an invaluable resource to victims of domestic violence.

Click here to find out more about A Woman’s Place.

Pennsylvania Act 129 of 2012 provides rules regarding abandoned property of tenants.

Tenants are required to remove all personal property upon eviction or when they vacate the leased premises. Upon eviction or vacating, the landlord must give notice to the former tenant within ten days regarding their intent to remove the personal property. If the tenant contacts the landlord within ten days and notifies him or her that they want the property back, the landlord must keep the property for thirty days. The tenant may responsible for the costs of storing the property. If tenant fails to contact the landlord within ten days, the landlord may discard the personal property.

If the tenant leaves without a court order and/or giving notice of vacating, the landlord must provide written notice to the tenant that the personal property will remain on the property and must be retrieved within 30 days. A tenant then must provide written notice within 10 days of the notice postmark date that the tenant will be retrieving the property. If no notice is received within that 10 day period, the landlord may dispose of the personal property at his or her discretion.

If the landlord sells the personal property, any proceeds shall first go to the landlord for outstanding monies owed, with any balance refunded to the tenant via certified mail. If no forwarding address was provided, the landlord must keep the funds for thirty days, and may retain the proceeds if not notified by the tenant.

Some people desire to File a divorce on their own. While there is no law the requires that you have an attorney in order to file divorce, the challenge that is often faced is knowing the steps that are needed to process the divorce as well as the legalities of what is needed in service and providing proof to the court. Filing a divorce on your own should never be attempted if you have property to divide or you have alimony issues as you have too much to lose if you do it wrong. Even when you have no issues, it is very difficult to navigate the court system and the requirements. That is not to say it is impossible, just more difficult. Filing the divorce itself is probably the easiest step of the process. You file a complaint for divorce, usually in the county you reside, although if you both waive venue you can file in another county that may have a lower filing fee. After the complaint if filed, however, you need to serve the complaint. This is normally done by certified mail, return receipt requested, but can also be done by acceptance of service or personal service. In some instances, if the defendant cannot be found, you may need to get permission to serve the defendant by publication. You need to prove to the court that service was made so you will need to file proof which varies depending on how the defendant was served. You may also need to verify a signature depending on the county and the method employed. After service is where it becomes tricky. The remaining documents are time-determinative documents based on whether you are filing a two year separation or a 90 day consent divorce. You need to make sure you have the right documents and that you file them and any proof in the correct order. Finally, you will have another set of documents to file to get your final decree if you have no issues that depending on the county need to be served by notice by a certain method, again with proof. If you have no assets and no issues, you may want to consider spending the money to make sure it is handled properly. Most firms will offer a lower cost divorce in these instances. At a minimum, you may want to consult a firm on an hourly basis to review the papers and steps as you go along. While most counties do not have forms available for you to file, if you really want to attempt to file on your own, you may want to contact Potter County in Pennsylvania to obtain any forms available that they have on divorce as many simple divorces are processed through this county, or consult your local bookstore for a how to file book which may be helpful in explaining the process and providing you with forms.