Have Wealth and Divorcing? Know the Issues

Wealth and divorce are a combination with a high potential for conflict. Many divorcing couples clash over money, but it can get much worse when the stakes are high and both sides have a lot to lose. 

If you hold significant assets, you need a solid strategy for protecting your finances during divorce. You may want to look into the following high-net-worth divorce considerations. 

Separate vs. Marital Property

Generally, all the assets you gain during marriage, including real estate, businesses, IRAs, and other investments, count as marital property and are subject to division during divorce. In contrast, assets you acquired before your marriage and kept separately, as well as inheritances, gifts, and some settlements and benefits, are separate property and aren’t part of the marital estate.

In addition, you and/or your spouse may hold assets you defined as separate in a prenuptial agreement. Spousal support and prenuptial agreements are another issue to consider as you prepare for divorce.

Hidden Assets

Having wealth and divorcing also means you should keep an eye on your assets to ensure your spouse isn’t trying to conceal property. For example, as soon as your spouse understands the marriage is over, they may start siphoning money from your joint accounts into an offshore trust. 

Pay attention to red flags like inexplicable cash withdrawals or transfers, incomplete financial records, or a sudden decrease in your spouse’s income. If you suspect your spouse is concealing assets, your next step should be finding qualified divorce lawyers for wealth management.

Tax Implications

You’ll also need to consider the tax implications of high-asset divorces. For example, if you retain real property as part of your asset division, from now on, you’ll be solely responsible for property taxes and rent taxes if it’s investment property.

Divorce-related property transfers are generally tax-free. However, you must maintain careful records of any transfers because you need to note the cost basis for capital gains tax on any property you sell after divorce.

Businesses, Intellectual Property, and Patents

Property division becomes even more complicated if you run a business or hold intellectual property jointly with your spouse. You may need to decide what to do with your joint venture, like selling the business and splitting the proceeds. Alternatively, one of you may buy out the other’s share.

Patents and other intellectual property are also part of the marital estate if acquired during the marriage. This means that if one spouse holds a trademark or patent, the other may be entitled to some of the profits from the intellectual property and awards from infringement lawsuits.

Karen Ann Ulmer, P.C.: Protecting Your Wealth During Divorce in PA and NJ

Are you divorcing and wondering what to do about personal wealth? You need a legal professional to protect your financial interests and peace of mind.

The skilled lawyers of Karen Ann Ulmer, P.C. can guide you through the division of assets in a complex divorce and help you reach a fair agreement. Call (866) 349-4907 or schedule a consultation online. 

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Dating During Your Divorce

Your marriage is over, but you’re still dealing with the Bucks County legal process as you finalize your divorce. Can you take the leap and start seeing new people, or should you wait until you’re officially single again?

Dating during your divorce is a highly personal choice, but you’ll need to consider the emotional, practical, and legal implications of dating post-separation. The following tips will help with navigating dating while divorcing.

Your Spouse Could Get Upset and Delay Divorce

Even though your relationship has ended, your ex may become resentful if they learn you’re dating someone new. This is especially true if you initiated the divorce. Your ex may suspect you broke up with them for your new romantic partner’s sake and even drag your name through the mud in front of family and friends.

Moreover, Pennsylvania recognizes adultery as grounds for a fault-based divorce. If you start dating during your divorce and your spouse decides to fight you in court, support payments could be put in jeopardy. Your ex could also complicate your life on purpose and back out of decisions you’ve already agreed on, like property division or a parenting plan.

Don’t Involve Your New Significant Other

Keep in mind the emotional considerations of dating during divorce. Finding healthy relationships post-divorce is a challenge for many. Even if you feel ready to date, you may still carry mental baggage from your past relationship, often without being aware of it.

You may need time (and possibly therapy) to leave negative relationship patterns behind and rebuild your life with someone new. If you decide to start dating before your divorce is final, avoid involving your new partner in the divorce process, conflicts with your ex, or negotiations over property division, custody, or child support.

Don’t Introduce the Kids Too Soon

When asking, “Is it too early to date after divorce?” consider how your love life may affect your kids. Divorce can be a painful transition for children, especially if they’re too young to understand what’s going on. Introducing a new partner too soon can make the situation even more confusing.

Besides, your children might tell the other parent about your new romantic partner. This could be a problem if you want to keep your new relationship private. It could heighten tensions, which is the last thing you need during a divorce.

Protecting children when dating after divorce should be a top priority. Let some time pass before introducing your new significant other to your kids. Do so only once you’re convinced they’re a safe and emotionally healthy person who is going to become a part of your life long-term.

Karen Ann Ulmer, P.C.: Helping You Navigate Divorce in PA and NJ

Should you consider dating during your divorce? Do you have other questions about the divorce process? At Karen Ann Ulmer, P.C., we help you minimize stress and protect your interests as you transition into this new chapter of your life. 

Call (866) 349-4907 or book a consultation online for reliable legal advice about divorce in Pennsylvania or New Jersey.

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A Brief Guide To Appealing Your Divorce

Imagine this scenario: A judge has ruled on your divorce, and you are unhappy with the decision. Is there anything you can do?

In some situations, you may be able to seek a more favorable judgment that allows you to modify the judge’s original decision regarding child custody or support, property distribution, alimony, and debt arrangements.

This article explores the various grounds for divorce appeal and recommendations for challenging unfair divorce settlement findings.

When You Can Appeal Your Divorce

There’s no question that contesting divorce decree provisions is not easy, and you must have a compelling reason to do so. It’s not enough to simply say that you disagree with the judge, or that you feel the outcome is “unfair.”

Instead, you need to have proper grounds for filing an appeal. There are a few ways you can do this. One of the most common rationales for overturned divorce settlements on appeal is that there was some kind of mistake made.

Examples of mistakes include the judge misinterpreting the law, not correctly applying the legal standards, or making an error regarding the facts. 

Other potential grounds for appealing your divorce could be a showing that there was a lack of evidence to support the judge’s findings or there was another problem with the evidence that impacted the judge’s ability to rule fairly. This often comes down to the judge abusing their discretion and making an unreasonable final decision.

Even if you can demonstrate one or more of the above flaws in the case, there is still a final obstacle to overcome before your case can even be heard. You will have to be able to show that whatever the mistake or flaw was, it would have materially affected the outcome of your case.

How To File a Divorce Appeal in Bucks County

Once you have identified the proper grounds for a divorce appeal, the legal process of overturning the initial judgment and seeking a new one comes next.

The first step in this process is filing a Notice of Appeal, which ultimately informs your former spouse that you intend to appeal the judge’s decision. From there, your attorney will prepare the “Record,” which includes the transcripts and documents from the initial proceeding.

Upon completion of this step, your attorney will file an appellate brief that outlines all of your legal arguments. After being assigned a court date, you’ll be able to present your arguments about the grounds for the appeal and the relevant evidence to support your case.

Finally comes the waiting part of the appeals process. This can take several days, and the court may affirm or reverse the trial court’s decision. It’s also possible that the judgment may be modified or the case could be remanded back to the trial court with further instructions.

Contact an Experienced Appellate Lawyer for Divorce Cases

While the goal is to stay out of court so you and your spouse can make all the decisions, sometimes an appeal is necessary. For more information or to begin the appeal process, contact Karen Ann Ulmer, P.C., at 866-349-4907 for an initial consultation.

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Is Your Divorce Attorney Using AI?

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Artificial intelligence has the potential to streamline many rote tasks across virtually any industry. If your divorce attorney mentions that they have begun using AI to aid certain processes, you may initially feel a little wary—and rightfully so. If they aren’t careful, your attorney’s use of AI could negatively impact your case. 

Review these considerations for divorce attorneys using AI.  

Ways Your Attorney Could Be Using AI in Your Case

Recently, attorneys across numerous practice areas have begun using AI to aid their research and documentation processes. In theory, AI could help attorneys save time. However, because the divorce process is very sensitive, using AI could lead to serious mistakes or violations. 

These are a few ways your attorney may be using AI and they may not be a good idea. 

Creating Documents

AI software can help divorce attorneys draft property settlement agreements and other legal documents. The attorney just needs to input the agreement’s details, and the software will turn it into a full-length legal document. 

However, AI doesn’t have the same legal training as an attorney, and it may unknowingly generate a document that is not legally binding. Inputting a client’s personal information into this type of software could also violate client confidentiality, as you never know what software companies do with such data. 

Predictive Analysis

Predictive AI makes predictions based on past data. Many lawyers have begun using this technology to analyze datasets or legal cases and identify patterns. For divorce attorneys, this type of AI could help with analyzing a client’s assets and looking for potential discrepancies.

Of course, predictive AI isn’t 100% accurate. Attorneys need to be careful to check the facts generated by AI to ensure that they are legitimate and trustworthy. 

Ethical Considerations for Using AI in Divorce Cases

Some divorce attorneys remain wary of using AI because of its inability to adhere to ethical standards. Artificial intelligence does not consider ethics when completing tasks. Instead, ethics are human creations. 

Because of this fact, AI does not have the capacity to determine what is ethically “fair” for divorcing couples, or to consider morals when drafting documents or coming up with suggestions for attorneys. Divorce attorneys using AI need to be careful not to violate ethical standards. 

Potential Pitfalls of AI in Family Law

AI tools are still relatively new and are nowhere near foolproof. This technology has several limitations that attorneys need to keep in mind:

  • Inaccuracy: AI can generate completely false information and present it as fact.
  • Security risks: Like any virtual tool or platform, AI platforms are vulnerable to security breaches and hacking.
  • Emotionless: AI does not feel human emotions and eliminates the humanity within legal practices.

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

If you feel unsure about your divorce attorney using AI, you aren’t alone. AI may not be reliable or accurate enough for usage within serious legal processes.

At Karen Ann Ulmer, P.C., our family law services and legal advice are completely human-led. Contact us today at (866) 349-4265 for a divorce consultation.

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Your Family-Owned Business and Divorce

Married couples tend to mix many elements of their lives: friend groups, finances, and hobbies. Some couples go even further and mix their relationship with their careers by running a business together. 

A family-owned business requires unique considerations during a divorce — the two parties aren’t just spouses; they are also business partners. The team at Karen Ann Ulmer, P.C., can help you navigate these legal challenges. 

No Prenup or Postnup? 

The best way to mitigate stress and contention over a family-owned business in a divorce is to create and sign a prenuptial or postnuptial agreement prior to the divorce, agreeing on how the two parties will divide or trade all assets. 

If you do not have either of these documents, you must determine an equitable division of assets during the divorce process. This can be much more challenging, so we recommend hiring an experienced attorney to help you through negotiations. 

Unique Challenges of Family Businesses and Divorce 

Business interests are always tricky to navigate in a divorce, especially if the business owner is the sole income provider. However, a family business owned by both parties presents its own set of considerations. A court must first determine whether the business constitutes marital property and is thus subject to equitable distribution under Pennsylvania law. 

To make this determination, a judge will consider factors like the funds used to start the business and the business’s value before, during, and after the marriage and divorce.  

Who Owns the Business? 

It is crucial to have a complete understanding of who owns the business to determine whether it is a marital asset. For example, if a trust or a previous generation owns the business, and neither party technically owns it yet, it follows different rules for property division. 

Inheritance 

If one party inherited the business or received it as a gift, even during the marriage, the business is considered separate property, not marital property. Additionally, if one party may receive a portion of the business as an inheritance in the future, that portion also counts as separate property. 

Alimony and Child Support 

Many people wonder how the income from a family-owned business will be divided after a divorce. If you are pursuing a divorce, you can use your ex-spouse’s salary for alimony and child support settlements. 

What If the Business Goes Under? 

Some people try to continue co-owning the business after a divorce when considering the division of assets. Others opt to receive a business valuation and have one partner buy out the other’s portion. If you choose to do this, you can receive a lump-sum payment upfront and avoid any financial repercussions if the business goes under. 

There are always complicating factors when pursuing a divorce. Tied-up assets, like co-owning a business, can make an already-challenging process even more complex. Reaching out to a trusted divorce attorney from Karen Ann Ulmer, P.C. can help you navigate dividing a family-owned business during a divorce with confidence. Call or email today. 

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How Can You Speed Up Your Bucks County Divorce?

Divorce is a challenging process, both emotionally and legally. Many people wonder how they can speed up the divorce process. The time it takes to get divorced will vary depending on a variety of factors, including whether the divorce is contested or uncontested. Here in Pennsylvania, Act 102 changed the waiting period for a contested divorce from two years to one year. After being separated for one year, someone can lawfully file for a contested divorce and begin legal proceedings.  

However, an uncontested divorce will almost always take less time than a contested one — on average, around 4-6 months. If you are looking to expedite the process, we recommend pursuing an uncontested divorce. This means you must agree with your soon-to-be ex-spouse about the grounds and terms of the divorce, including asset distribution and child visitation schedules. 

An experienced attorney can help you navigate the legal system and negotiate a divorce agreement efficiently. You must be prepared to take a couple of steps before beginning this process. 

Commit To Negotiating 

It’s important to have realistic expectations when you file for divorce. With so many legal elements involved, like child custody agreements, child support payments, property division, and alimony, even the most amicable of divorces can lead to disagreements during negotiation. From the beginning, anticipate that you will need to make some concessions. 

Find Emotional Support 

Making compromises during negotiations can feel particularly challenging when emotions are running high. Seek out emotional support from friends, family, and loved ones. Their support can ground you when you feel stuck, making it easier to work toward settlement agreements and obtain a fast divorce. 

Do Your Research 

When it comes to child support and visitation rights, both parties in a divorce have a right to spend time with their children, as well as a responsibility to contribute financially. Your legal team must have a clear picture of your financial situation. 

Share baseline truths about your finances with your divorce attorney. Come to meetings prepared with tax documents and receipts. Being honest about your finances, with documents to back it up, will help speed up your divorce by eliminating future surprises. 

Avoid a Long Battle 

Above all, don’t just accept that all divorce cases will be long, arduous battles. This does not have to be the case and is usually unnecessary. Drawing out the process will cost both parties a lot of money, time, and stress.  

By entering divorce discussions with a fully informed legal team and an expectation that you will need to compromise, you are setting yourself up for a smooth and quick divorce. 

Contact an Experienced Bucks County Divorce Lawyer 

The legal professionals at Karen Ann Ulmer, P.C., are experienced in helping clients navigate the legal systems of divorce. We prioritize clients’ peace of mind and well-being. Call or email us today for a confidential discussion to address your concerns and learn more about how we can help you speed up your divorce. 

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What Should I Ask for When Negotiating a Divorce Settlement?

A divorce allows you to start your life over, but your old, married life will impact that new one. Think about how untangling your life from your spouse will affect you legally and financially. What will you not have, or not have enough of, to start this new life?

You can break down what to ask for in a settlement agreement regarding parental roles and property rights or prioritize your ask based on needs and wants.

What Do You Need? What Do You Want?

Think about your priorities. What do you need, and what do you want but can go without? Nearly all divorce cases are settled without going to trial. That means there will be negotiations (and possibly mediation) between you and your spouse through your attorneys.

In any negotiation, there are things that a party needs (or thinks they need) to resolve the issue. Other issues are negotiable, and you should be willing to give things up as necessary to satisfy your needs. After your needs are met, try to obtain what you want. Ideally, both sides will get most of what they need and some of what they want.

State law may entitle you to certain things. If those laws address your needs, that is great! If not, and you are willing to part with the things given to you by state law (partially or totally), they can be bargaining chips to ensure your needs are met.

It is like a chess match. You must protect your king. All the other pieces are expendable if that means you win the game. In this case, winning satisfies your needs, and you are in the best position to start your new life.

What Role Must You Play With Your Kids?

If you have kids, Pennsylvania law makes your child’s interests paramount, so what you need or want takes a back seat. State law presumes a child needs both parents in their lives.

The more time you feel you need with your child, and the more significant role you wish to play, the stronger the facts and legal arguments must be to accomplish that. Unless the other parent is irresponsible or a potential danger to your child, you may have a tough time if you feel a need to be the sole parent or the other parent should have minimal contact with their child.

Most parents meet in the middle. They share legal custody (the ability to make crucial decisions), but their physical custody or parental time may vary. One parent may spend most of the time with the child, or it may be split evenly.

What are Your Financial Needs?

The distribution of a married couple’s debts and assets is supposed to be based on what is equitable and fair, given the situation. When negotiating a settlement, there is a mix of what a person may be entitled to and what they are willing to trade with their spouse to achieve their needs and wants.

You may need more financial help in the short term, so you may forego the ongoing income of spousal support to get more cash or assets upfront. If you need the marital home, what assets will you swap to get it? Ideally, a spouse who needs the home is married to someone who wants to move away and start over, so the marital home (with all the memories that come with it) is the last thing they want.

Get the Help You Need from an Attorney You Can Trust  

If you think getting divorced may be in your future or have decided it is the next step, call us at (215) 608-1867. We can discuss your situation via teleconference, on the phone, or in our Doylestown or Langhorne office.  

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Deeds, Mortgages, and Your Divorce

Retaining the family home was a divorce priority, and after all the dust settles, it is yours. Now what? You must do the paperwork and make the necessary financial arrangements to make this a reality. 

How Does the Paperwork Work? 

If both spouses own the house, one can transfer their interest to the other through a quitclaim deed, but it comes “under and subject” to existing encumbrances and liens.  Most home purchases are subject to a promissory note payable to the lender providing the mortgage. The promissory note creates the obligation to repay the loan you used to buy your home. The mortgage makes the home security or collateral for the loan. 

The promissory note is considered a “joint and several obligation,” so the borrowers agree the lender may pursue either or both spouses if the repayments are not current.  Unless this issue is addressed, if your spouse signs over their interest in the house but the promissory note is still in effect, they may be liable for mortgage payments for a home for which they have no ownership interest. 

Typically, a property settlement agreement states the spouse with the house will “indemnify and hold the other spouse harmless” from the promissory note’s obligations. But, the lender is not bound by or a party to the agreement. If the lender seeks money from your ex, they could sue you for breach of the divorce agreement because you agreed to indemnify them. But if you lack the money to pay the mortgage, you probably lack the resources. 

How Will Refinancing the Mortgage Help? 

One way to prevent this from happening is to refinance the house. It ends the mortgage you and your ex signed and substitutes a new one in your name. The promissory note used to buy the house is canceled, and the mortgage is officially satisfied. You get a clear title, a loan to pay what is left, and a promissory note and mortgage in your name. 

 If you cannot make the payments, your ex is not responsible because the old promissory note is no longer an issue, and the current one only applies to you. 

However, refinancing may be difficult if you lack a good credit history and a regular income. Each lender has its own rules covering to whom they will lend and the amount. This can vary also with the type of loan. An FHA mortgage will probably have lower lending standards but will cost more than a non-FHA loan.   

If you have not started already, work with a mortgage lender or broker even if the divorce settlement is not final.  Establish child and spousal support payment histories so the lender will view them as income sources to help pay the debt. Try to improve your credit score so it is at a level a mortgage underwriter will want to see. It is much better to prevent the problem of being turned down for a refinance than to deal with it afterward. 

Get the Help You Need from an Attorney You Can Trust   

Whether you are thinking about divorce or you have decided it is the right step for you and your family, call Karen Ann Ulmer, P.C., at (215) 608-1867. You can start a new chapter in your life, including owning a home yourself. We can discuss this over the phone, via a teleconference, or meet in our Doylestown or Langhorne office.   

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Post-Divorce Dates to Abide By

Obtaining your final divorce order signed by a judge is a big moment, but there is still more to do. You will need to deal with several issues to finally put the process behind you. There are many pieces of “clean-up” to take care of before you can wash your hands of the matter. 

What Dates Do I Need to Worry About? 

Your divorce judgment requires you to take several actions and meet specific deadlines. You may need to:  

  • Sell or refinance your home 
  • Transfer car titles and property deeds 
  • Divide bank, investment, and retirement savings accounts 
  • Get or give back personal property 

Take another look at your divorce agreement and order. What actions must you and your ex perform, and what deadlines or time frames are spelled out? Create a checklist of what you and your spouse must do and when. You will be better prepared to get things done on time and be aware of what your ex may be failing to do. 

What Happens if Deadlines Are Missed? 

Missing a deadline may cost you legal remedies to which you otherwise are entitled. You do not want to be in front of the judge again, explaining how disorganized you are or, worse, stating why you should not be held in contempt of a court order. 

Your ex probably has deadlines, too. We can discuss them and what might happen if one or both of you fail to meet them. For example, your spouse may have a given time frame to retrieve personal property from the former marital home. If they do not, the order may allow you to keep, throw away, or sell the items. 

Other issues are more serious. An ex-spouse could be held in contempt for failing to comply with the court order’s terms. The other party could ask the court to enforce the judgment. If found in contempt, an ex would be ordered to comply, may need to pay a fine, and, if the situation is severe enough, spend time in jail. 

What Is the Right Response to Missed Deadlines? 

Both parties should prioritize compliance, and there must be good faith efforts to comply. But sometimes stuff happens, and someone becomes ill, bureaucracies are not responsive, there are issues at work, elderly parents may need help, and deadlines are missed.  

No matter which party is not getting things done, the issue is often whether someone is genuinely trying to get everything done on time or there is a conscious effort to refuse to do things or delay getting them done. If the process is dragging on or a party is hostile, it may be time to get the court involved. 

Get the Help You Need From an Attorney You Can Trust   

If you are considering getting divorced, have decided it is the right step, or are facing challenges after your divorce was finalized, call us at (215) 608-1867. We can discuss your questions and what is going on over the phone, via a teleconference, or meet in our Doylestown or Langhorne office.   

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Bad Divorce Advice

If you are divorcing, you need the support and understanding of friends and family to help you through the process. What you do not need is bad advice that, if followed, can harm your interests and increase the cost and complexity of the process. 

If you talk to someone about your divorce and the issues that come with it, you could get a variety of reactions. The other person may want to change the subject. They may have been divorced in the past and provide you with helpful insight.  

They could also be well-meaning but give you misinformation or inappropriate suggestions based on what they have read on social media or the supposed experiences of their friends and family members. You need to filter out the wheat from the chaff. 

Bad divorce advice:  

Over the years, clients have told us plenty of incorrect, illegal, and just plain whacky ideas they have heard. Here are a few that are worth avoiding: 

  1. You Should Lie to Get the Best Divorce Possible 

It could be making up abuse by a spouse, hiding assets, distorting important conversations with your spouse, or claiming you do not remember something that you clearly do. Chances are this will poison whatever goodwill is left with your spouse. The case will head to litigation, not a settlement, and your duplicity will probably be exposed. 

You may have been in a good position to reach your goals, but your dishonesty may effectively set your case on fire. Judges have enough to deal with and do not have patience for liars. Neither do we. We have enough honest clients to serve. We do not want to work with dishonest ones. It is not worth the grief. 

  1. You Should Save Money and Represent Yourself 

Representing yourself may be a good idea in limited circumstances. If the two of you are childless, have low incomes and few assets, and want the relationship to end, then representing yourself is worth considering.  

However, while you may think you are saving money by representing yourself rather than hiring an attorney, more than likely it will cost you in the long run.  The legal process can be complicated and you could waive rights, trust your ex a bit too much, or not take care of details causing you headaches and significant issues in the future.  

You may qualify for help from legal aid organizations, depending on your circumstances. You may also receive financing to help pay for our services. 

Anyone thinking about a divorce should at least talk to an attorney. When we talk to prospective clients, we often spot issues they did not know about or thought were unimportant. If an attorney is not protecting your rights and interests, you may end up with a divorce that is not in your best interest. It may cost you far more in the long term than what you saved in legal bills. We can help you keep your costs down. 

  1. Spend Money While You Can 

Going on shopping sprees, enjoying an expensive vacation, or showering friends and family with gifts sounds like great fun, but it is not a good idea if you are getting divorced. It comes with equitable or fair asset and debt distribution. There will be a formal moment when you and your spouse decide to divorce. Once you establish that point, you will be responsible for your spending.  

By spending money owned by the two of you, you will end up with less when all is said and done. That wasted money will be subtracted from what you may have received. It will not come out of your spouse’s pocket. You also risk being cut off from funds if your spouse asks a court to freeze assets you might abuse, and you, not the two of you, may end up with your credit card bill. 

Get the Help You Need from an Attorney You Can Trust  

If you are considering getting divorced or have decided it is right for you, call us at (215) 608-1867 or schedule a consultation online now. We can discuss your situation over the phone, via a teleconference, or meet in our Langhorne or Doylestown office. 

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