Legal and Illegal Prenuptial Agreements

Creating a prenuptial agreement before a marriage is an excellent idea. It protects your interests in the event that you and your spouse divorce down the line. It also prompts you and your spouse to communicate about important issues like finances, property, and shared bank accounts. 

But you must understand the difference between a legal and illegal prenup to ensure that yours holds up in court. Know what you can and cannot include in a prenuptial agreement under Pennsylvania law and how to validate one. 

What Items Can a Prenup Include?

One way to ensure a legal and valid prenuptial agreement is to address only the specific items that can be covered in these agreements. Typically, you can include provisions about all of the following in a prenup: 

  • Asset division: Distinctions about marital vs. separate property in a divorce, including what happens to shared property, what property will stay separate, etc. 
  • Spousal support: Whether one spouse will owe the other spousal support, waiving future requests for spousal support, the minimum or maximum amount owed, etc. 
  • Providing for children from previous relationships: If one spouse has a child from a previous relationship, the prenup can include provisions for how both partners will financially provide for them and what assets (if any) the child would receive in a divorce. 

Meanwhile, a prenuptial agreement generally cannot protect any of the following: 

  • Child custody and support: Your prenuptial agreement cannot include terms regarding child support or custody. The court will decide these matters in the final judgment based on the child’s interests, not the parents’. 
  • Financial incentives for divorce: The prenup cannot encourage divorce in any way, such as providing a financial incentive for filing for divorce
  • Day-to-day household matters: This agreement shouldn’t cover any day-to-day household matters like who will complete certain chores, how you will raise children, what religious beliefs you will adhere to, etc. 
  • Anything inherently unfair: Prenups should spell out terms that are fair and just for both spouses and should not explicitly favor either spouse. Attempting to enact unfair terms could lead to a contempt of court charge in a divorce. 

How Do You Validate a Prenuptial Agreement? 

Take these steps to ensure that your prenuptial agreement is valid: 

  • Put the agreement in writing. Oral prenuptial agreements are never valid. 
  • Ensure full disclosure: You and your spouse must fully disclose your finances to ensure the prenup will hold up in court. 
  • Have an attorney draft it. Don’t create a prenuptial agreement without the help of an attorney. Better yet, you and your spouse should enlist separate attorneys to support your interests. 
  • Notarize the agreement. Have a notary sign and validate the prenup and give you a certified copy. 

Karen Ann Ulmer, P.C., Offers Support With Prenuptial Agreements 

Do you need help distinguishing between a legal and illegal prenup and ensuring the validity of your agreement? Karen Ann Ulmer, P.C., can help you draft a prenuptial agreement that will hold up to court orders, enforcement actions, and legal scrutiny. Contact us today at (866) 349-4117 for a consultation. 

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Follow Your Divorce Decree to the Letter

Your divorce decree exists for a reason. It provides tangible evidence of the terms your spouse agreed to in the divorce. 

You may be tempted to give your spouse wiggle room when it comes to alimony payments, child support, or asset distribution. However, straying from the divorce decree may only hurt your financial outcomes and encourage more shady behavior from your spouse moving forward. 

Is a Divorce Decree Legally Binding? 

Your divorce decree is the legal document that marks the end of your marriage. It also spells out important details about child custody, spousal support, asset division, and visitation guidelines. 

Divorce decrees aren’t mere suggestions for how to behave after a divorce; they are legally binding. Your ex-spouse is required to follow these rules to a T. If you start giving them leeway now, they will only continue taking advantage of you. Worse, the court will assume that you were okay with their behavior, harming your ability to file a motion for contempt of court in the future.  

Once your divorce is finalized, go to the family court clerk’s office and request a certified copy of your divorce decree. Keep it on hand and ensure your spouse’s adherence to every term. 

Enforce the Elements of Your Divorce Decree Precisely

Ensure that your ex-spouse follows all of these aspects of your final judgment closely:

  • Sends alimony and/or child support payments on time according to the timeline in the decree
  • Adheres to all custody times precisely
  • Divides assets in accordance with the decree
  • Sells the house promptly

What If Your Spouse Refuses To Follow This Court Order? 

Your ex-spouse cannot simply refuse to follow the terms of your divorce decree. If they disagree with any of these terms, they will need to request a modification with the court. This is a legal process. 

If you do not agree with their modification request, they will need to present their reasoning in court and allow a judge to decide whether to grant it. Unless your ex-spouse’s requests are reasonable, the judge probably won’t grant their wishes.

Should your ex-spouse violate the divorce decree and not seek a modification, you can file a motion for contempt of court or request an enforcement action. This prompts the court to assess their actions and intervene. If your ex-spouse is found in contempt of court, the court can: 

  • Impose fines
  • Issue a warning
  • Create a new order that makes up for their non-compliance
  • Order your ex-spouse to comply by paying the support they owe, plus attorney’s fees
  • Impose jail time

Your first step should be to have your attorney contact your ex-spouse’s attorney and warn them about your intention to file for contempt of court. 

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

Do you need help enforcing your divorce decree? Karen Ann Ulmer, P.C., offers compassionate legal support throughout the divorce process. We can help you file a motion for contempt of court or request an enforcement action to prompt your ex-spouse to adhere to your divorce decree. 

Contact us today at (866) 349-4117 for a confidential consultation. 

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Financial Problems in a Divorce – Financial Abuse

One of the more challenging steps in the divorce process is separating your finances from your spouse’s. Nearly every divorcing couple in Bucks County experiences some tension around the division of assets. However, some individuals exhibit abusive behaviors that make this process more arduous. 

Knowing what constitutes financial abuse can help you recognize and address these financial problems in a divorce. You have the right to equitable distribution of property. If your spouse has begun stealing money from your accounts or otherwise tampering with your finances, contact an experienced divorce attorney for help. 

Examples of Financial Abuse in a Divorce

Financial abuse can take many forms in a divorce process. Watch out for any of these shady tactics from your spouse: 

  • Hidden assets: Your spouse may have started transferring money to a private account to exclude it from the property division process, essentially stealing it from your shared account.
  • Running up legal bills: They may use your shared bank account to run up legal bills or even call your attorney incessantly to increase your legal costs.
  • Using a higher income as leverage: If your spouse makes more money than you, they may try to hold that over you to gain leverage in the divorce.
  • Racking up debt: The debt allocation process usually requires divorcing couples to split debt equitably. Your spouse may rack up more debt before the divorce to increase your financial burden. 
  • Wrecking your credit: Any irresponsible behaviors on your spouse’s part could harm your credit, making it more challenging for you to secure loans or other financial opportunities in the future.

How To Navigate Financial Problems in a Divorce

You don’t have to stand by and watch your spouse use abusive tactics to control your finances. You can navigate financial problems in a divorce with these tips:

  • Retain your own attorney: Never share a divorce attorney with your spouse. Retain an attorney who can support your interests and help you achieve a fair outcome. 
  • Limit bank account access: If your spouse currently has access to your private accounts, contact your bank immediately to start the process of removing their access. 
  • Keep records of your spouse’s behavior: If your spouse has been withdrawing money from your accounts, take screenshots of their activity and keep them on file. The more evidence you have of their actions, the more leverage you’ll gain in your divorce proceedings. 
  • Document your finances: Gather documentation for all of your bank accounts, deeds, life insurance policies, and car titles to show in court.  
  • Enlist the help of a forensic accountant: Forensic accounting can uncover your spouse’s abusive financial activity. 

Let Karen Ann Ulmer, P.C., Help You Protect Your Finances in a Divorce

Is your spouse using shady tactics to gain economic control in your divorce? At Karen Ann Ulmer, P.C., we help clients protect their rights in the PA divorce process. We make it easier to navigate the division of assets, spousal maintenance, and other financial problems in a divorce while promoting an equitable outcome and prioritizing your interests. 

Contact us today at (866) 349-4117 for a general consultation. 

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Moving Out of PA With Your Child Before Divorce

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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. 

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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. 

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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. 

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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. 

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Stress of Divorce

Fewer things in life are more stressful than going through a divorce. Who will end up with the house? What’s going to happen to your kids? The stress of divorce, and its many unknowns, really can feel like it’s eating you alive.

But it doesn’t have to be this way. Below, find must-follow tips for managing stress throughout your divorce.

Follow the Boy Scout Motto and Be Prepared

What would happen if you were called into a work meeting, but hadn’t prepared any notes or talking points? You’d be pretty stressed, right? The same principle applies to your divorce.

You never want to go into a divorce unprepared. To be forewarned, as they say, is to be forearmed.

Stress reduction starts with preparing yourself for what’s going to come. The more you know what to expect, the more at ease you’re going to feel. That means you’re less likely to make rash decisions that could torpedo your divorce case.

This is why it’s so important to hire a good divorce attorney. Your lawyer can tell you what to expect in divorce negotiations regarding child custody arrangements, alimony, and property division.

Keep Your Organization Game on Point

The divorce process involves plenty of paperwork to fill out and deadlines to remember. It may be unpleasant, but if you want your divorce to go smoothly, you’ll need to treat organization like a full-time job.

Start by gathering important financial documents, such as bank statements, savings account information, retirement account details, and paystubs. Your lawyer will want to take a look at these to determine the fair division of property between you and your ex-spouse. If you have insurance policies (such as life insurance), make copies of those documents, too.

To stay organized, buy a binder and sort documents into categories, such as financial and legal. You can also scan documents and store them in the cloud or on your computer for quick access.

Take Care of Your Mental Health

The stress of divorce can be truly overwhelming and the emotional burden can be difficult to bear. Between talks with your ex and meetings with your lawyer, you might feel like there’s hardly any time to focus on yourself.

However, you won’t do yourself any favors by neglecting your mental health. Find moments where you can relax, breathe, and quiet your racing thoughts. It can help to keep a journal and talk to a therapist about how you’re feeling. And if you have a good friend, now’s the time to rely on them.

Having an excellent lawyer is a wonderful way to manage stress during divorce. Your lawyer will help by:

  • Providing solid advice to help you avoid legal mistakes that could jeopardize your financial stability
  • Handling paperwork so you don’t miss deadlines
  • Guiding you through divorce negotiations and ensuring a fair deal for you

Karen Ann Ulmer, P.C. deeply understands the stress of divorce and will work hard to make the process as smooth as can be for all involved. To schedule your consultation, call (215) 752-6200.

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College and Divorce: Covering Kids’ Tuition and Other Costs

Just because you and your soon-to-be ex-spouse are ending your marriage doesn’t mean your kids can’t still receive a college education. You should, however, devise a plan regarding college and divorce to ensure your kids can afford to enroll one day.

See how to accomplish this goal below.

Who Pays College Tuition for Kids Following a Divorce?

In a perfect world, divorced parents with kids wouldn’t have to worry about who would pay for their children’s college tuition since the school would provide enough financial aid and scholarships to cover those costs.

In reality, most situations involving college and divorce are more complicated and involve some level of financial investment. It isn’t always clear which parent should pay for college-related expenses, leading to confusion and, in some cases, resentment.

You and your ex-spouse should be on the same page as far as who will cover which college costs. In some cases, one of you might be in a financial position that allows you to cover significantly more costs than the other. However, you might also need to agree to fill out a Free Application for Federal Student Aid (FAFSA) form with your kids to take out loans to pay for their schooling.

Do Child Support Payments Continue When Kids Attend College?

When a married couple with kids chooses to divorce, they usually come up with a custody agreement. As part of it, one parent typically agrees to pay the other child support until their kids turn 18.

However, you and your ex-spouse might decide to extend child support payments beyond this point and use them to pay for your kids’ college tuition. This could turn into one parent’s contribution while the other pays out of pocket for additional expenses.

How Can You and Your Ex-Spouse Plan Ahead for College?

Married couples ready to divorce shouldn’t wait until their kids are college-aged to figure out who will pay for higher education. Instead, they should talk about their expectations for paying for college while working on their initial divorce settlement.

Whether your kids are still small or on the verge of going to college in a few years, make the proper plans for paying for their college educations in advance. This will prevent you from having to scramble to come up with last-minute solutions to dealing with college and divorce.

Call Karen Ann Ulmer, P.C., To Assist With Your Divorce

When it comes to who pays for college and divorce, there aren’t any definitive laws. It’s one of the many instances in which divorced couples must set their feelings for one another aside and do what’s right for their kids.

Karen Ann Ulmer, P.C., can help make this possible. Call (866) 311-4783 to learn about your options.

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What Happens After Divorce Papers Are Filed?

Serving divorce papers is typically the first step taken during the divorce process. One party will file for either a no-fault or fault-based divorce through a lawyer. This attorney will put together the proper divorce paperwork and have it served to the other party to start the process.

But what happens after divorce papers are filed and served? It often varies from one divorce case to the next.

Keep reading to find out which steps take place once divorce papers have been filed.

The Spouse Who Received Divorce Papers Responds

The spouse who files an initial divorce complaint is considered the plaintiff in a divorce case. They must arrange to have their soon-to-be ex-spouse served with divorce papers. This spouse is considered the defendant in a divorce case and has 20 days in Pennsylvania to review the papers and respond.

In some cases, the defendant in a divorce case is expecting divorce papers and can respond to them quickly. In others, they’ll find themselves caught off guard and want to connect with a divorce lawyer before taking any further action to learn the answers to questions like, “What happens after divorce papers are filed?”

A Divorcing Couple Goes Through a Separation Period

In Pennsylvania, married couples aren’t allowed to simply file for divorce and go their separate ways in a matter of days, weeks, or months. Even if a couple plans to keep things amicable and go through a mutual consent divorce, they’ll need to endure a mandatory separation period before they can officially divorce.  

In the greater Bucks County area, we follow Pennsylvania laws for divorce.  The Keystone State imposes a one-year separation period for no-fault divorce cases. However, this can be shortened to 90 days (also known as the cooling off period) in instances in which the couple agrees to move forward. Fault-based divorces are an exception to this rule. They won’t need to go through a waiting period since these cases usually involve serious issues like adultery, domestic violence, substance abuse, etc.

The Rest of the Divorce Process Moves Forward

After a married couple spends a year living separately, they can go to divorce court in Pennsylvania to go through the formal divorce process. This process involves ironing out issues, such as marital property division, alimony, child custody, and more, in front of a judge.

You and your partner might also have the option to skip divorce court by coming up with a divorce agreement. Divorce lawyers for you and your partner can work on hammering out an agreement outside of court so you don’t have to deal with the stress of going through the usual divorce proceedings.

Start Working With Trusted Divorce Attorney Karen Ann Ulmer, P.C.

In some situations, the answer to the question, “What happens after divorce papers are filed?” is straightforward. In other instances, it can confuse a person going through divorce proceedings for the first time.

Karen Ann Ulmer, P.C., is here to help you make sense of the divorce process. Call (866) 311-4783 to speak with a divorce lawyer you can count on.

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