Moving Out of PA With Your Child Before Divorce

,

Divorces offer a fresh start and an opportunity to move to a new location, putting the past behind you. However, moving out of state becomes more complicated if you have children with your ex-spouse. 

Relocating will affect your child custody arrangement and parenting plan. If you plan to take your child with you, be sure you understand the guidelines around moving out with your child before the divorce. 

Can You Move Out of State Before or During the Divorce? 

You can relocate before or during the divorce, but you’ll need to navigate the process correctly. The steps may look different depending on whether you plan to bring your child with you during the move.  

Moving Out of State With Your Kids

Moving out of state with your child before the divorce may sound like a tempting idea, especially if you don’t want your spouse to gain shared custody. But you cannot do this without severely disrupting the custody process — unless your spouse fully agrees. 

The court prioritizes the best interests of the child when drafting parenting plans. If you want to move out of state with your child, you’ll need to show that the move would be in their best interests. A judge would consider all of the following to make this determination: 

  • The child’s preference in custody
  • The ability of the child to maintain a relationship with the non-relocating parent
  • The reason for relocation
  • The age and needs of the child
  • The anticipated emotional and educational impact of the move

Working with an experienced child custody attorney can help show that the move would be in the child’s best interests.

Moving Out of State Without Your Kids

If you plan to move out of the state sometime after the divorce, even if you don’t plan to bring your children, make your intentions known. You would need to file a parenting plan modification to update the court about your relocation. You would also need to ensure your spouse can handle tasks like selling the house on their own. 

Planning for the move before you finalize the parenting plan will make this process much easier. If you move out of state, sharing custody with the child’s other parent becomes more challenging. You will need to consider both of your locations when drafting a reasonable and fair parenting plan. 

What About Relocating After the Divorce? 

If you want to move out of state after the parenting plan has been finalized, you’ll need to meet relocation notice requirements and modify the parenting plan. This involves attending a relocation hearing and explaining why the move would be in the child’s best interests. The child’s other parent has the option to submit an objection and counter-affidavit to your request. 

Seek Assistance With Custodial Rights and Relocation 

Your divorce shouldn’t stop you from pursuing career goals or aspirations that require you to move states. Karen Ann Ulmer, P.C., can help you protect your rights to custody during a relocation. Contact us today at 866-349-4461 for your consultation. 

by

The Statute of Limitations and Your Bucks County Divorce Decree

Your divorce decree dictates the actions you and your ex-spouse need to take post-divorce, such as distributing property and paying alimony or child support. You may also desire to modify your separation agreement after it has been finalized. Enforcing either of these actions typically requires you to stick to a specific timeline — known as the statute of limitations. 

Learn more about this statute and how it affects your rights and options post-divorce. 

Statute of Limitations for Enforcing Child Support and Alimony

If your spouse agreed to provide child custody or alimony under your separation agreement, you expect them to send the payments by the specified deadlines. But what happens if they fail to do so? 

You can take them to court to enforce alimony and child support orders, and both Pennsylvania and New Jersey statutes give you a generous amount of time to do so. Pennsylvania has no statute of limitations for enforcing child support and alimony, and you have 20 years to go after missed payments. In New Jersey, you have until a child turns 23 to collect back child support. 

While these deadlines are generous, you should stick to reasonable alimony and child support timeframes. The sooner you take enforcement action against your spouse, the faster the process will be. Trying to enforce these orders five or ten years down the line will make it more challenging to access the original support orders and provide evidence of your spouse’s failure to pay.

Additionally, enforcing these orders down the line likely means you want to request a lump sum equal to the amount your spouse owes you. If your spouse can’t afford this lump sum, you probably won’t have much luck in this endeavor.  

Timeline for Property Division Enforcement

Your separation agreement likely lists the property that will go to each spouse after the divorce. But what happens if your spouse fails to transfer the stock, retirement assets, or property they agreed to? 

In Pennsylvania, a party usually has 90 days to enforce a property division order. In New Jersey, you can file for contempt of court within two years of your spouse’s failure to provide the specific property. 

Again, the sooner you seek to enforce this aspect of the divorce decree, the better. Talk to your attorney if your spouse is refusing to cooperate. 

Statute of Limitations for Modifying Your Separation Agreement

Your separation agreement doesn’t need to be permanent. You can seek to modify the agreement through a court order if at least one year has passed since you signed the original decree.

You’ll need to meet a few modification criteria to show that exceptional changes in circumstances have occurred and provide documentation of financial changes. 

Contact Karen Ann Ulmer, P.C., Today

Do you need legal representation in a divorce in New Jersey or Pennsylvania? Are you seeking assistance with spousal support modifications, wanting to explore mediation and negotiation options, or needing help enforcing your divorce decree within the statute of limitations? 

Karen Ann Ulmer, P.C., offers personalized legal assistance. Call (866) 349-4461 to request a confidential consultation. 

by

How Long Should You Keep Divorce Papers?

Your arduous Bucks County divorce process is finally over, and you have the papers to prove it. While you may be tempted to rip them to shreds, throw them away, and never think about the process again, you should plan to hold on to them. You’ll probably need them in the future.

How long should you keep divorce papers? Ideally, forever. Learn why you may need your divorce papers down the road and which documents you should keep in a safe space. 

Do You Really Need To Keep Divorce Papers Forever? 

Maybe your divorce was finalized 20 years ago, and you just stumbled on the paperwork hidden in a drawer somewhere. Is it safe to throw it away? Unfortunately, no. 

Any divorce attorney will tell you to keep your complete divorce file forever. Store this paperwork in a safe place, such as a locked, fireproof legal document storage box or a safe deposit box at a bank. You’re also welcome to tuck it away in a basement or the back of a closet and avoid looking at it; just ensure it’s easily accessible should you ever need it. 

What Will You Need Your Divorce Paperwork for in the Future?

How long should you keep divorce papers, and which ones take precedence? If your spouse signed any child custody or alimony agreements, you’ll want to keep these on hand as proof of their responsibilities under the arrangement. In the case that your spouse fails to follow one of these orders, you can bring the original agreement to court to prove your spouse’s wrongful behavior. 

You may also need your divorce paperwork for future endeavors, such as:

  • Changing your name
  • Remarrying
  • Applying for a mortgage
  • Claiming Social Security benefits (if you were married for more than 10 years)

Which Documents Should You Keep From Your Divorce?

You should keep your entire divorce file in a safe place. At the very least, store all of these documents somewhere secure:

  • Divorce decree with the raised seal
  • Separation agreement
  • Marriage license
  • Spousal and child support records 
  • Property appraisal documents
  • Financial records

What Happens If You Lose Your Divorce Papers?

If you misplace any of your divorce papers, you can request a new copy from the court where you finalized the divorce. Contact the clerk of courts and provide the date of your divorce, your name, and your ex-spouse’s name. 

You may need to pay a fee for the new copies of the paperwork, which can take some time. Hanging on to the original paperwork will ensure you always have access to these documents when you need them. 

Contact Karen Ann Ulmer, P.C., for Divorce Assistance

Navigating a divorce doesn’t stop once the divorce is finalized. You’ll likely encounter questions about your divorce for some time after the process is over. If you need assistance with your divorce before, during, or after the process, Karen Ann Ulmer, P.C. is here for you. 

Contact us today at (866) 349-4461 for a consultation. We’re committed to calming the chaos and creating solutions for you. 

by

Why You May “Conflict Out” in Your Divorce Case

Divorce attorneys must be very careful to avoid conflicts of interest when representing clients. Unfortunately, angry spouses in a divorce case sometimes use this issue to their advantage, effectively barring their spouse from working with an attorney with whom they have already shared their side of the story. 

Learn why you may “conflict out” in a divorce case and how to proceed when your spouse uses this tactic against you. 

What Does It Mean To “Conflict Out?” 

“Conflicting out” is a tactic used to prevent a person from working with an attorney. When you call a divorce attorney’s office to inquire about hiring them, they will conduct a conflict check to ensure they have not had a conversation with your spouse. 

Sometimes, in heated divorces, one spouse will call every divorce attorney in the area and set up a consultation with them. Even your spouse speaking with an attorney briefly about your divorce can bar you from working with them. Suddenly, you cannot work with attorneys in your area due to a conflict of interest. 

Types of Conflicts That May Prevent You From Working With an Attorney 

Many conflicts of interest can lead to disqualification in legal cases. Attorneys take confidentiality obligations seriously as part of their prospective client rules. If there is any barrier to confidentiality in your case, they won’t work with you. 

Any of the following may also be a reason to conflict out:

  • Your children know the attorney’s children 
  • Your spouse has been divorced before, and this attorney represented them
  • Your attorney has a personal interest that interferes with their ability to represent you fairly
  • Your attorney is concerned about any other “materially adverse interests” 

Under an attorney’s rules of professional conduct, they will not accept any clients that may violate the confidential attorney-client relationship. This is why attorneys complete an initial conflict check process before you sign a retainer agreement.

What To Do If Your Spouse Has “Conflicted Out” Your Preferred Attorney 

If you are concerned that your soon-to-be-ex-spouse will attempt to conflict you out, explain why this would not be wise. Preventing you from seeking good legal counsel will only prolong your divorce case. If you both have access to strong attorneys, you can finalize the divorce faster and move on with your lives. 

But if your spouse has already used this tactic with an attorney you were interested in hiring, document their behavior. You won’t be able to work with your preferred attorney, but the attorney you end up with can use your spouse’s behavior to your advantage during the divorce. This may give you a leg up during the property division or child custody process. 

The attorney you were hoping to work with can recommend other divorce attorneys in your area.

Schedule a Consultation With Karen Ann Ulmer, P.C., Today 

Knowing why you may “conflict out” when hiring a divorce attorney can help you prepare for your spouse’s tactics. Contact Karen Ann Ulmer, P.C., today at (866) 349-4461 for help protecting your rights during the divorce. 

by