What If I Don’t Have the Documents I Need for Divorce?

When you meet with your lawyer or mediator to begin the divorce proceedings, you need to have many documents with you, both personal and financial. Not having access to these documents could delay proceedings or damage your case and limit your settlement options. A partial list of documentation includes:

  • Personal data: birth certificate; marriage license; life insurance and healthcare insurance; employment information and income; will and living will or advanced directive; power of attorney
  • Financial data: complete list of assets (bank accounts, investments, pensions, and value of homes, cars, and personal property like jewelry, furniture, etc); expenses (all bills, loans, mortgage, etc.); income tax returns for the past several years; list of assets or expenses obtained or incurred singly before marriage or given to individual as a gift after marriage (both spouses)
  • Childcare data: costs of childcare, evidence of each parent’s involvement in the child’s upbringing (involvement in school, sports, etc.) for custody settlement

This is a lot of information, and you may not have access to the records for a variety of reasons. But there are ways of getting what you need, although in some cases you may need help from your lawyer.

If vital personal records were lost or destroyed: For items such as birth certificates, green cards, income tax statements, and more, you can contact the federal government for duplicates. You will need to supply your social security number and you may need to show some other identification. In some cases, you may need to apply in person, while in others, like tax statements, you can make your request online.

If your spouse has the records of bills or assets and refuses to share: You may need to have your lawyer request a subpoena be issued to give you access to all the critical financial data you need. And as soon as possible upon deciding to divorce, sever all joint accounts, whether bank accounts, credit cards, or other things like family email, iTunes, social media, and others. See Shared Accounts and Your Divorce for more details.

If your credit card is in your spouse’s name but you are a secondary name, you can just call and have your name removed. If it’s a joint account, however, it may not be that simple. If both names are on any account, the company will hold you jointly responsible for the balance, and both of your credit scores will be affected by unpaid balances.

To prevent further use of joint credit cards or the withdrawal of money from joint bank accounts, your lawyer may have to request a temporary restraining order to freeze these accounts. Please discuss this with your attorney as soon as possible.

If you need evidence of child support and involvement: Contact your child’s school or daycare for copies of payments sent or parent-teacher conferences where the teacher would have recorded which parents attended. Photos and social media posts may also demonstrate the level of involvement in a child’s life by either parent.

Remember, it’s critical to have your documents as complete as possible in order to put you in a position of strength for your settlement or court appearance. You want to get the best financial and child custody arrangements to help you and your children be as comfortable as possible and be able to move on in a new life. Contact us here at Ulmer Law in Doylestown for our legal and mediation services. Let us help you.

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Issues When Dividing Vacation Properties in Divorce

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In Pennsylvania, if a divorcing couple cannot come to an agreement outside of court, all marital assets will be divided according to equitable distribution, which means, effectively, whatever the court thinks is appropriate after considering a number of factors. As long as both parties are reasonable, we encourage divorcing couples to avoid court so they can retain control of the division of their marital assets.

This is true for all assets, including vacation property. Even if the property was given to one spouse exclusively or purchased exclusively with one spouse’s income, and no family money was ever used to pay for its mortgage or upkeep, such property may be considered marital and will factor into the division of assets. Whether your divorce goes to court or not, you will probably have to decide what is to become of your vacation property.

Appraise the asset

Before you decide what to do with the property, you need to get an accurate appraisal of its market value. Also important is a complete listing of all costs associated with owning and maintaining the property: mortgage, interest, taxes, utilities, repairs, landscaping, and more.

With this clear, factual foundation, you can begin to evaluate the course of action that will best benefit the two of you and any children you have.

Decide your best option

Selling the property might be the easiest choice, allowing you to divide the funds received between you. It can be emotionally difficult to let go of a place where you may have created fond memories, but consider your need for liquid assets and the simplification of the process, which are important advantages to this option.

If you and your spouse are on reasonably good terms, you could choose to keep the property and divide its use. This is advantageous if children are involved, since they would still have the familiar vacation home to go to, providing them with much-needed security and continuity. But be sure to create a written document, signed by both of you, that will clearly delineate the times and seasons each will be using the home, the expenses each of you will be responsible for paying, and the dates those payments must be made. Your lawyer will be able to create a comprehensive document that will ensure that you both get good use out of the house without increasing tension.

You may also decide that one partner gets the family home and the other gets the vacation home. The complication here is in the valuation of each residence. If one house is worth significantly less, the spouse with the less expensive house can negotiate additional assets or benefits in order to balance the value of the two properties. However, if that house also has much lower expenses, the spouse with the more expensive home should insist that this benefit be factored into the negotiations.

 What about timeshares?

Treat a timeshare in the same manner you would treat a vacation home or vacation yacht or any other additional asset. First, get it appraised so you know what it is worth. Then, negotiate.

Get help

A seasoned divorce attorney can help you through all the nuanced legal and financial issues involved in divorce because we have helped many people through the process. Contact us here at Ulmer Law to see how we can help you, too.

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Social Networking: Have Fun, Keep Current and Ruin Your Divorce Case

What happens on social networking sites stays in the public domain, which more and more divorcing couples are experiencing to their detriment. Evidence found on social networking sites like Facebook and Twitter is increasingly used in family law courts. Judges take information gleaned from these sites as a factor in child custody decisions, alimony awards and property division.

Even dating sites, like Match.com have been used by Judges in deciding incomes for support purposes. If you think it is a good idea to inflate your income to look more attractive to prospective partners, you might want to reconsider doing that unless you are prepared to be held to that income for purposes of support. Remember, Judges have the power to decide credibility and if they don’t believe the income you present on paper and you are self-employed, they can and do hold you to a higher income, especially if you boast about how much you make on dating websites.

One ex-spouse’s claim that she could not work because of injuries sustained in a car accident was repudiated by her posts regarding her belly dancing activities, which prompted a New York Judge to deny her claim for spousal support. Parents seeking custody of their children can have their hopes crushed when posting photos online involving alcohol or drug use. Claims that one spouse cannot afford a certain level of alimony ring hollow when he or she “tweets” about buying a brand-new car or about vacations they are taking with others.

PRIVACY FEATURES MAY NOT MATTER
Many social networking sites have privacy features, but this does not always protect such information from being used in court. Judges are increasingly allowing access to online photos, posts and other information, even if protected or reserved for “friends,” by the opposing party in discovery (the legal process of obtaining evidence in a court case). In addition, many people unfamiliar with various privacy settings do not use those features, meaning anyone can access that information, including opposing attorneys.

TIPS FOR ONLINE POSTINGS DURING DIVORCE
Many experienced divorce lawyers urge their clients to practice caution when posting online, especially when in the middle of a contested divorce. While it can be tempting to vent online, negative posts about the ex-spouse or the divorce process, for example, can actually harm the poster. Generally, it is best simply to stay away from social networking sites altogether when going through divorce; if that seems too extreme, at least be aware that what is posted may very well end up in court. If inappropriate to say in front of a Judge, chances are posting it online isn’t a good idea either.

If you are facing divorce, contact a knowledgeable family law attorney who can advise you on property division, child custody and potential alimony.

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Unearthing hidden assets: Signs your spouse may not be honest

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Some people going through a divorce in New Jersey may attempt to hide assets to prevent a spouse from receiving them in the split.

Any divorce in New Jersey presents a myriad of decisions that must be made: perhaps it has to do with how property may be divided or who will have custody of the children. Though the details of each case may differ, there is one constant: each party should be honest in disclosing any information that would be pertinent to making these decisions.

In fact, New Jersey laws require parties to complete and submit a “family case information statement” within a timeframe set by the court. The statement details family information, employment and income.

When it comes to property division, having a complete picture of each spouse’s assets is critical to ensuring the equitable distribution of those assets. Unfortunately, some people attempt to obscure items in an effort to prevent the loss of them. Here are some signs that this may be occurring:

Large purchases

Cash tends to be king, as it has a concrete value and is easily divided. However, cash is easily spent. When one spouse starts making large purchases – such as with expensive artwork, cars or taking big trips – it may be in an effort to prevent the other spouse from getting that cash. In other words, the cash is being converted into physical assets – and the spouse could even attempt to underreport the actual value of those assets.

Another way to minimize the amount of cash available in a divorce is to overpay a credit card or other debt. Perhaps one spouse decides to start putting extra money into the house payment. Sometimes, people create “fake” debts, such as money owed to a friend, in order to “pay off” the debt so the person essentially holds on to the cash until the divorce is final. This should raise a red flag.

Questionable statements

It is always critical to monitor statements from credit card companies and investments. But what happens if those statements suddenly go missing? Or perhaps have unexpected transactions on them? It could indicate that a spouse is trying to keep his or her other half from accessing assets.

People going through a divorce should also keep an eye out for new statements from banks or credit card companies that may be new. While it is not illegal for someone to open a new account during this time, it is essential that they disclose that information during the divorce proceedings.

Underreported income

Even with the financial disclosure statement is submitted, both parties should thoroughly review it for accuracy. Some people may try to underreport what they make. Though a W-2 or other tax form could easily dispute this, it is not always as easy with people who are paid in cash.

Uncovering assets

Fortunately, with a little work, these hidden assets may be uncovered. Experts suggest hiring a forensic accountant or other specialist who can do a deep dive into a couple’s assets. This process may require providing names, addresses and Social Security numbers of family members.

Anyone who has concerns about this issue should speak with a family law attorney in New Jersey.

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Planning for Settlement Negotiations: The Big Picture

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Source: Family Advocate, Vol. 37, No.3

Good negotiators, like good lawyers, are prepared. They know where they are going and how to get there. As any successful lawyer will tell you, superior preparation can often spell the difference between winning and losing the case, especially in hard-fought, complicated cases.

Download full article (PDF)

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Grounds for Divorce in NJ

Section 2A:34-2 of the New Jersey Divorce Statutes outline the different causes of action available for a divorce. New Jersey recognizes no-fault grounds for divorce on the basis of separation or irreconcilable differences. The parties must live separately for at least 18 consecutive months with no prospect of reconciliation to succeed on the no-fault ground for separation as governed by 2A:34-2(d). A divorce complaint cannot be filed until the 18 month period of separation has elapsed with the presumption that no reasonable prospect of reconciliation occurs after that period. The parties must have experienced irreconcilable differences for six months or more with no reasonable prospect of reconciliation to obtain a divorce on the basis of irreconcilable differences pursuant to 2A:34-2(I). In the case of an irreconcilable differences divorce or one based on fault grounds, the parties do not need to actually separate prior to commencement of the action.

New Jersey also recognizes fault grounds for divorce including adultery, desertion, extreme cruelty, voluntary addiction or habituation, institutionalization, imprisonment and deviant sexual conduct. Desertion must be willful and continued for a period of 12 months or more. Extreme cruelty can be mental or physical but must be to the extent that it makes it unreasonable to expect the parties to continue to reside together. The fault ground for voluntary addiction refers to addiction to any narcotic drug and/or habitual drunkenness for 12 months or more. Institutionalization for a mental illness must be of a period greater than 24 consecutive months. A divorce can be awarded on the basis of imprisonment for 18 months or more. If the divorce is not commenced until after the defendant’s release the parties cannot have resumed cohabitation. Finally, deviant sexual conduct is that which is voluntarily performed by the defendant against plaintiff’s will. Adultery can be established through circumstantial evidence and generally requires some corroboration. When raising a claim for adultery, the third party who participated in the adultery must be named as a co-defendant and has the right to intervene. There is generally no benefit to pursuing a fault based divorce over a no fault divorce.

All grounds for divorce require NJ residency for a period of at least one year with the exception of adultery. This is true as it relates to divorce from the bonds of matrimony, or absolute divorce, as well as divorce from bed and board, or limited divorce. In the case of a limited divorce the parties will still be legally married but are able to achieve separation financially. Just as with a divorce, the parties can enter an agreement to divide all their marital property or submit to the court for a decision on division. Alimony may also be awarded where appropriate. Health insurance may continue if covered by the other spouse and legal separation is not specified as a reason for termination. A divorce from bed and board can be converted to a divorce from the bonds of matrimony if the parties elect to go through with a full divorce. It can also be revoked such that the parties resume their marriage.

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A Brief Guide to Uncontested Divorce in Pennsylvania

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An uncontested divorce occurs when both parties to the divorce agree on all of the main issues of the divorce. A couple may agree to property division, alimony and child support. However, the couple will still need to file a number of forms with the court, whether or not it is contested.

In addition, one party in the divorce must have been a Pennsylvania resident for six months prior to the beginning of the divorce. There must also be grounds for the divorce.

Two no-fault grounds exist in Pennsylvania. To obtain a divorce by mutual consent, both parties must agree the marriage is irretrievably broken and wait 90 days after the divorce action is served on the other side. The other no-fault divorce is a separation in which one party does not consent to the divorce and the parties have lived apart for a certain period of time. For divorces in which separation occurred prior to December of 2016, there is a two-year separation divorce, and for those who separated after December of 2016 there is a one-year separation divorce. Less common is a divorce on fault grounds, which include desertion, adultery, endangerment, “cruel and barbarous treatment,” one spouse’s imprisonment for at least two years or for “indignities.”

For a consensual no-fault divorce, the couple must agree to a Property Settlement Agreement if there are assets or issues of alimony. This agreement will divide the marital property according to a mutually negotiated settlement and award or waive alimony. The agreement may also lay out custody and child support, or these can be left to separate agreements or to court. Custody and support in Pennsylvania are not necessary to resolve before a divorce is granted. If there are no assets and no issues of alimony, you will not need an agreement just the divorce.

If the couple cannot agree completely on all issues, the divorce may still be no-fault but the issues will need to be litigated. In a contested divorce a family court judge will decide all issues according to Pennsylvania state law. This includes dividing marital assets equitably (not necessarily equally) and ordering child custody according to the best interests of the child as well as child support. In Pennsylvania these are all heard separately.

An uncontested divorce is often the result of mediation. In mediation, both parties to the divorce use a trained mediator to agree to the basic terms of divorce. Each party is still represented by an attorney, but the issues are all decided out of court. Mediation can provide the divorcing couple with a less acrimonious process, one that is managed privately.

Whether the divorce is contested or uncontested, each party should be represented by an attorney. A divorce lawyer can protect your rights and interests in divorce and ensure that your transition to post-divorce life goes as smoothly as possible.

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Relocation Realities

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By Leslie Ellen Shear

Parents who are considering moving with their children after separation or divorce, and parents deciding whether to oppose the children’s move have a lot to think about.

Download full article (PDF)

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Report: Many men may be eligible for spousal support and/or alimony but don’t receive it

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National statistics show that very few alimony recipients are men, even though a rising number of men may be eligible to receive this financial support.

Spouses getting divorced in Langhorne may be awarded alimony and/or spousal support, to address financial inequalities during and after divorce. State family law courts use various factors to determine how much spousal support should be awarded and how long this support should continue. These considerations are gender-neutral, so support is equally available to divorcing men and women. However, statistics suggest that many men do not receive the support that they may be entitled to.

MEN AND SPOUSAL SUPPORT
According to Forbes, Census data shows that about 400,000 Americans receive alimony. However, just 3 percent of those people – or about 12,000 individuals – are men. This seems to reflect a gap between the number of men who receive alimony and the number of men who are eligible for it. According to the same data, women act as primary breadwinners in about 40 percent of U.S. households.

Less formal data suggests that the number of men receiving alimony might be increasing. According to Reuters, in 2012, an American Academy of Matrimonial Lawyers survey focused on the number of women paying alimony. About 47 percent of the AAML members who responded stated that more women were paying spousal support to their ex-husbands. Still, a large number of men may go without spousal support that they could benefit from.

QUALIFYING FOR ALIMONY
In Pennsylvania, many men may be eligible to receive support. When awarding support and alimony, family law judges in the state consider various financial factors, including inheritances, current property, income, retirement accounts and future earning potential. Men with limited personal assets, income or earning opportunities may qualify for support.

The court may also assess less easily quantified factors. These include one spouse’s contribution to the other’s education or career; the marital standard of living; and the liabilities each spouse will incur while caring for the couple’s children. When these variables are weighed in, many men might be eligible for at least limited support.

POTENTIAL BARRIERS
Unfortunately, statistics indicate that many men do not receive the support that they may be entitled to. Forbes notes that there may be various explanations for this pattern, including the following:

Traditional stereotypes about gender roles may make some men reluctant to seek financial assistance.
For similar reasons, divorcing women may be more inclined to fight against paying support or alimony.
Unconscious biases may make judges more likely to award men limited support or decline to award it.
Despite these potential barriers, men should strongly consider exercising their rights to pursue support before divorce proceedings are complete. After a settlement has been finalized, spouses cannot change their minds about choosing to seek alimony.

For this reason, divorcing men may benefit from consulting with a family law attorney with experience in high-income divorce and support/alimony awards. An attorney may be able to offer advice on a spouse’s rights or assist the spouse in seeking needed support.

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