Should I Fire My Divorce Lawyer?

Divorces can be very stressful, and parties rely on their attorneys to help them. You may doubt your attorney as the matter progresses, but that does not necessarily mean you made the wrong choice. There are good reasons to fire one lawyer and hire another, but the costs in time and money may be high. 

  1. Lack of Communication and Responsiveness 

Effective communication is the cornerstone of any successful lawyer-client relationship. If it is a problem, discuss this with your lawyer. Communication is a two-way street. Is your attorney making good faith efforts to keep in touch, but you are the one who is not responsive? 

If your current divorce lawyer is consistently slow to respond to your inquiries, fails to keep you updated on the progress of your case, or seems uninterested in addressing your concerns, it is a clear sign that their commitment to your case might be lacking. A new divorce lawyer who values clear and open communication can give you the peace of mind you deserve during this process. 

  1. Inadequate Expertise in Family Law 

Divorce cases may involve many legal issues, from property division and spousal support to child custody and visitation arrangements. If your current lawyer lacks specialized expertise in family law or has no proven track record in handling divorce cases, you might benefit from seeking representation from a lawyer with a stronger background in this area.  

You may have known your attorney is not the most experienced divorce lawyer when you retained them, but you did not think it would be a problem. If it has become an issue, a knowledgeable divorce lawyer like Karen Ann Ulmer can offer insightful guidance and increase your chances of achieving a favorable outcome in less time and, possibly, with less expense. 

  1. Misaligned Strategy and Objectives 

Every divorce case is unique, requiring a personalized strategy to address your specific circumstances and goals. If you feel your lawyer’s approach does not align with what you hope to achieve from the divorce, it might be time to explore other options.  

Your divorce lawyer should be your advocate, diligently safeguarding your interests and pursuing the best possible resolution. If you do not think this is happening, seeking a new lawyer may be a good idea. 

  1. Questionable Professionalism 

Professionalism is a fundamental trait that every lawyer should possess. If your current divorce lawyer consistently displays unprofessional behavior, such as missing deadlines, arriving unprepared to meetings or hearings, or engaging in unethical practices, it is a clear signal that their dedication to your case is compromised.  

No one is perfect and competent attorneys sometimes make mistakes. But it may be time for a change if you fear it has gone beyond that.  

  1. Conflict of Interest 

If you suspect your current lawyer might have a conflict of interest with a past or current client that could compromise their ability to represent you objectively, you should address this concern. Seeking a new divorce lawyer without any potential conflicts may give you peace of mind that your interests are being put first. 

  1. Lack of Empathy and Compassion 

Going through a divorce is emotionally challenging, and having a lawyer who understands and respects your feelings can make a significant difference in your experience. Attorneys should support their clients, but we are not social workers. You do not want an attorney who sugarcoats your situation and only tells you want to hear. 

But if your current lawyer lacks empathy, appears indifferent to your emotional needs, or fails to provide the support you require during this challenging time, it might be worth considering a switch to a lawyer who is more compassionate and attuned to your emotional well-being.  

Family law is a very “hands-on” practice in which you interact daily with stressed clients dealing with personal and important conflicts. Your lawyer might not be cut out for this type of work or may be burning out and not connecting with clients to limit the emotional toll these cases can take. 

  1. Stagnant Progress and Delays 

A divorce case should move forward efficiently and effectively, with all parties working toward a resolution. Our court system is severely backed up, but if your case has been stagnating without any progress or your lawyer seems to be causing unnecessary delays, it can lead to frustration and extended emotional distress.  

Seeking a new divorce lawyer who is proactive and committed to advancing your case may bring closure sooner. But getting a new attorney will cause an initial, additional delay as they “get up to speed” with your case. There may also be scheduling conflicts between your case and the attorney’s current caseload. Will this delay be worth it? 

No matter the problem, you should: 

  • Discuss it with your attorney. You need to get their side of the story because what you think is a problem may be a misunderstanding or miscommunication that can be cleared up. 
  • Discuss it with another attorney. If you are serious about switching attorneys, get a copy of your file and review it with another attorney. They may find genuine areas of concern, or that what you are experiencing is a typical issue that comes with a divorce case. 

Divorce cases are stressful enough. Getting an attorney who is a better fit may lessen that stress, but needlessly switching lawyers will add to your problems. 

If you are dissatisfied with your current attorney, contact Karen Ann Ulmer, P.C., so we can discuss your situation and whether having a new attorney represent you is in your best interests. Call us at (866) 311-4783 or complete our online contact form today.  

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Can I Record My Ex in Pennsylvania?

Like all things legal, that depends on the facts. Some types of recordings are legal, while others are not. The answer is no if you want to secretly record a conversation with your ex without their consent in Pennsylvania. That applies to face-to-face and phone or electronic communications. Pennsylvania’s wiretap laws are very strict. If you or the other party is located in PA at the time of the call then you must have consent. Therefore, if you feel it is necessary to record another individual, it is best to first consult with an attorney.  

You may be very motivated to succeed at whatever legal challenge you face. You might seek revenge against your spouse who did you wrong, and you think a recording of them making incriminating statements would be frosting on the cake. However, while secretly recording someone is generally legal in some states, it is not legal in others, including Pennsylvania. 

What Is the Law in Pennsylvania? 

The state has a criminal “wiretapping law” that covers recording conversations over the phone or electronically and in person. It requires that all parties involved consent to the recording unless you fall into one of the exceptions (which mainly cover law enforcement). If you are convicted of violating this statute you could face up to seven years in prison, a fine between $2,500 and $15,000, or both.  

This statute states that you would violate the law if you: 

  • Intentionally intercept, try to intercept, or get the help of another to intercept or try to intercept any “wire, electronic or oral communication.” 
  • Disclose or try to disclose to another “the contents of any wire, electronic or oral communication, or evidence derived therefrom” while knowing, or having reason to know, the information was obtained illegally. 
  • Use or try to use “the contents of any wire, electronic or oral communication, or evidence derived therefrom” while knowing, or having reason to know, the information was obtained illegally  

If you secretly record your ex, bring it to our office, and play it in the hopes of using it as evidence, you arguably broke the law three times. You recorded the conversation, played it, and tried to use it against your ex.  

If you have such a recording, we do not want to listen to it, and we cannot use it as evidence in a legal matter. If you make a secret recording and play it for us, we cannot represent you because we would be potential witnesses to your criminal prosecution. 

What are the Exceptions? 

Another statute states that you can record conversations when all parties consent. If you do this, you should ask for and record their consent in case they later claim you made the recording secretly. Explicit consent is always a good idea but is not required if you plainly warn the other party of the recording and they speak anyway. 

One Pennsylvania court ruled that recordings are permissible if all the parties knew, or should have known, of the recording. The recording at issue involved communications at a county jail where two people used a closed-circuit system using telephone handsets which gave them a warning the conversation could be recorded. 

If the two of you are in public but not having a private conversation, and the other person has no reasonable expectation of privacy, you could take out your smartphone and start recording. This could be a situation where you are both in a store, restaurant, or busy sidewalk, and the person is yelling at you, not in a restaurant where the two of you are using normal tones of voice while your smartphone secretly records what is said. 

Can I Use Video to Record My Ex? 

Video can be used as long as the audio is not recorded and the person does not expect privacy. If your ex is violating a custody agreement by chronically being late to pick up or drop off your child, a properly set camera with the correct date and time showing when they come and go is fair game. If you have a protection from abuse order against a person, but they violate it by coming to your home or following you, video can document what is happening.  

Before You Record a Conversation, Contact Our Office 

The potential cost of secretly recording a conversation is steep, so do not do it until you fully understand the law. What you want to do may or may not be legal or admissible in court. We can also answer your questions if you are involved in a family law dispute and learn you have been secretly recorded. 

Call Karen Ann Ulmer, P.C., at (866) 349-4721 or book a consultation online now.  

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Can Alimony be Modified?

Alimony is support paid by one ex-spouse to the other. Depending on the circumstances, it can start during the divorce process and last a spouse’s lifetime. Lives change over time, and alimony can too, either with the parties’ agreement or a court order. 

The alimony amount is usually based on the parties’ incomes and is often determined by the couple’s financial situation. The amount may be negotiated up or down in light of how the marital assets are split. 

Karen Ann Ulmer, P.C., often helps clients with alimony modifications. The only permanent thing is change. An alimony award that may have been fair and reasonable five years ago may need to be changed today. 

What Types of Alimony Are There? 

Alimony is usually considered rehabilitative or reimbursement, though an ex-spouse may get both, based on the case’s facts: 

  • Reimbursement: Alimony that is meant to pay back one spouse for aiding the other with a significant expense, like education or starting a business. 
  • Rehabilitative: This is usually awarded for a given time so the receiving spouse has time and resources to receive training or education to become self-supporting. 

If there is little chance that an ex-spouse will support themselves in the future, the party may be awarded “permanent” alimony. Based on how the parties’ lives play out post-divorce, this “permanent” alimony could stop if the person receiving it remarries or lives with a new partner. 

How Can a Party Modify the Alimony Amount They Pay or Receive? 

Unless they previously agreed otherwise, all types may be modified due to either party’s changed circumstances. It will not be allowed if there is no mention of future alimony modifications in a divorce agreement. 

If one party wants to increase or decrease the payments and cannot resolve the issue with the other, it can be decided in court. Under Pennsylvania law: 

“An order entered pursuant to this section is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made.”  

When making this decision, a court will consider 17 factors used to determine if alimony is necessary and, if so, the amount when the couple divorced. Some of those factors include: 

  • The parties’ relative earnings and earning capacities  
  • The parties’ ages and their physical, mental, and emotional conditions  
  • The parties’ income sources  
  • The extent the person’s earning power, expenses, or financial obligations will be affected by being a minor child’s custodian  
  • The parties’ standard of living during the marriage 
  • The parties’ assets and liabilities 
  • The property brought to the marriage by either party 
  • The parties’ relative needs 

Common grounds for an ex-spouse paying alimony to try to stop or reduce it include a loss of employment and developing a long-term physical or mental disability. A party receiving alimony could ask for more if the party paying it has a substantial and continuing income increase.  

No matter which side you are on, if you are asking the court to modify alimony payments, there must be evidence to support your claims because there is a process to go through, and you have the burden of proof. Speculation and opinions will not help. We can obtain evidence concerning your position through the discovery process. If necessary, we can also retain experts to analyze what we found. 

Contact Karen Ann Ulmer, P.C., if you have questions about or you need legal assistance with an alimony modification. Call us at (866) 311-4783 or complete our online contact form today.  

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What is Discovery in a Divorce Case?

Discovery is the process in which both parties exchange information, documents, and sworn testimony. It is a critical part of a divorce, especially if the parties have difficulty negotiating a settlement and the case appears headed for a trial. 

Discovery produces the evidence that fuels the divorce process. Without facts, neither party can establish their case or negotiating positions. You cannot resolve a divorce based on opinions and emotions. You need facts, which discovery reveals. 

When Can Discovery Be Used? 

Pennsylvania Rules of Civil Procedure Rule 1930.5 covers discovery in domestic relations cases. It states discovery is: 

  • Not allowed in “simple” support, custody, Protection from Abuse, or Protection of Victims of Sexual Violence or Intimidation proceedings unless a judge authorizes it. 
  • Allowed without court approval in alimony, equitable distribution, counsel fees and expenses, and “complex” support proceedings. 

Discovery can be expensive and time-consuming, so it is not appropriate in every case. 

What Can a Party Seek in Discovery? 

The information and documents sought must be relevant under Pennsylvania Rule Civil Procedure 4003.1: 

  • What is sought can concern any matter not privileged (it need not be disclosed under civil procedure rules or applicable laws) which is relevant to the divorce.  
  • It can relate to a claim or defense. 
  • It can cover the existence, description, nature, content, condition, who has custody of, and location of documents, books, or other tangible things. 
  • It can ask for the identity and location of those knowing any discoverable matter. 
  • What is sought need not be admissible at trial if the request appears intended to lead to the discovery of admissible evidence. 

The discovery process should force both parties to “show their cards” so they understand all the relevant facts as well as the strengths and weaknesses of their case. After the parties make complete disclosures, cases where negotiations have not gone well often settle. 

How Does Discovery Work? 

Discovery methods include providing to the other party and responding to: 

  • Interrogatories: A set of questions. 
  • Production requests: A list of documents sought by a party. They can exist on paper electronically. 
  • Subpoena to produce things and/or documents: A formal request by one party to the other that is potentially enforceable by court order. They are usually used by the party seeking information or documents after the other party objects to what is sought and refuses to respond. 
  • Request for admission: One party asks the other to admit whether a series of statements is true or not. 

The receiving party can object if they have a valid reason to refuse to respond to a request. (It is not relevant, confusing, or overly broad, for example). The party seeking discovery can amend the request to accommodate the objection, ask a judge to order a response, or decide to drop the issue. If there are no valid grounds to object, the party must respond. 

What are Depositions? 

Depositions are another discovery form. They are interviews of parties and possible witnesses. The people answering questions are “deposed,” and they must swear under oath that what they are saying is true and accurate.  

Attorneys for both sides ask questions. If one side feels the other attorney’s question is improper, they can object and instruct the person not to respond or limit their response. If the questioning attorney wants to push the issue, they can ask the judge in the case to decide if the objection is valid. 

Every discovery method can be helpful, especially in cases where the parties’ incomes and assets are disputed, but depositions can be critical to cases beyond the information they may provide. Not only is what is being said important, but how. Is the person confident and credible? Nervous and reticent? Angry and uncooperative?  

If the deposition goes well, the party may be more confident in taking a case to trial and demand more in settlement negotiations. If it goes poorly, and a judge or jury may not find the person believable or likable, the party may be more flexible in negotiations to avoid a trial. 

Contact Karen Ann Ulmer, P.C., if you have questions about the legal process or believe you will need representation in a divorce matter. Call us at (866) 311-4783 or complete our online contact form today.  

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