Saving Money on your Divorce: Preparing

Getting a divorce can be costly here in Bucks County, but you can make the best of what could be a bad situation. If your relationship is ending, you should not allow the cost of a divorce to prevent you from starting your new life. This is especially true if your spouse abuses you and wants to manipulate you through the process (driving up legal bills).  

How Much Will a Divorce Cost? 

In most cases, the cost will vary. Carefully read the costs and fees spelled out in our representation agreement before retaining us. There will be an upfront retainer (like a security deposit). You then will be charged hourly for our services and your costs will be drawn down from the retainer.  

There are also fees for filing legal documents, using experts, obtaining custody evaluations, and other costs. Most law firms bill their time in six-minute increments. Partners, associates, and paralegals bill at different rates. 

We disclose our costs early in the process, so there will be no surprises. Most of the fees are incurred when you need to appear in court. Courts are very busy and cases back up. Depending on the scheduling and how a day goes, we may spend a lot of time waiting. We also spend time preparing for the matter before going to court.  

Simplifying the Divorce Makes It More Affordable 

As your case’s complexity increases, so do the costs. That can come about in three ways: 

  • The facts are complicated  
  • One or both parties are combative and unreasonable 
  • A combination of the two 

We need a good grasp of your case’s issues and facts. That takes time which costs money. We may also need to hire an accountant if one or both parties own a business or substantial investments are involved. Relationships with children, who may have special needs, and how they should reconcile with the divorce may require the help of a child psychologist. 

The divorce will get costly if one or both spouses see the legal proceedings as another venue to drag the other through the mud and make their lives miserable. The more in dispute, the more time we spend: 

  • In court 
  • Writing letters 
  • Writing, responding to, and filing motions 
  • In meetings with clients 
  • On phone calls with opposing counsel 

We may also hire a mediator to try to get the parties to agree to put out the fire. In the worst-case scenario, the parties battle it out during a trial and then stretch the process further with appeals. 

Do the Homework 

You will save some money if you do a good job gathering and organizing evidence. The more complicated your financial and family lives, the more documents and evidence there will be. This can involve: 

  • Tax returns 
  • Bank records 
  • Investment accounts 
  • Retirement accounts 
  • Documents about a family-owned business 
  • Stock options 
  • Job benefits 
  • Titles to vehicles, real estate, and artwork 
  • Documents of a child’s school performance and physical, emotional, or psychological disabilities 

Our time costs you money. The more documents you obtain, the fewer we must try to find. The better you organize these records, the less time we must spend putting them together, and the less time it takes to review them. 

You May Qualify for a Flat Fee 

The simpler your lives, the lower your cost. If you have no assets, custody, or alimony issues and only need a simple divorce, you may only pay a flat fee (assuming nothing unexpected comes up. If it does, we will charge extra by the hour). This may be because you simply lack these issues or the two of you have a valid, comprehensive prenuptial agreement that neither of you challenges. 

No Matter What You Can Afford, We Can Answer Questions 

We understand our clients do not have limitless resources. If you are considering a divorce and want to learn more about what it may cost, contact Karen Ann Ulmer, P.C., today to see how we can help you. 

by

How Much Should It Cost My Spouse to Buy Out the House?

,

Equity in a home may be a married couple’s biggest asset. Before deciding what to do with the marital home in a divorce, you must find out how much that equity is and what the home would probably sell for if it was put on the market. Get professional help for this task. There is too much at stake to try to come up with some figures after a couple of hours of internet research. 

Why Does This Matter? 

The assets and debts of married couples are equitably divided in Pennsylvania divorce proceedings. If the couple has a house and a mortgage, who gets what is an essential part of the process. That starts with determining the home’s value and how much equity each party has.  

The home is usually a significant component of the overall agreement of how assets and debts are divided. If the parties cannot agree, assets and debts can be divided by a judge after a trial. This is the most time and resource-consuming way to resolve the issue, which is why it is the route of last resort if the parties cannot agree. 

This does not matter if the house is not marital property subject to division. It may have been owned by one spouse before marriage, though the other spouse may make a claim to its increase in value since the marriage began.  

The parties may also have a premarital or prenuptial agreement spelling out who will get the home in case there is a divorce or a formula to determine an amount. A prenup may also spell out the amount that one needs to pay to buy out the other’s interest. 

Another option is selling the house. After the mortgage, liens, taxes, and costs are paid, the profit left over is part of the cash the two of you will divide. 

What is Home Equity? 

Appraised Value – (Balance of Mortgages + Liens) = Home Equity 

The higher the appraised value and the lower the balances for your mortgage and liens (if you have any), the more home equity you have. The two of you should agree on a professional appraiser to determine the appraised value. Each of you could hire your own, and the result may or may not differ, but no matter the outcome, the cost is double that of just hiring one. 

Avoid a do-it-yourself appraisal. Unless you are a trained professional, you do not know what you are doing. Properties you think are comparable may not be, and you may miss properties that genuinely are similar. This approach could cost you far more than the money you save by not hiring an appraiser. If you are buying out your spouse, you may come up with an inaccurate value that is too high, or if you are the one receiving money or other assets, your figure may be too low. 

The spouse buying out the other should hire a home inspector. That extra pair of educated eyes could find hidden problems impacting the value. It is better to learn about them sooner than later. 

How Will I Pay to Purchase My Spouse’s Interest in the House? 

There are different options. If none are feasible, you will not be able to buy your spouse out. As much as you may want to keep the house, if you can not afford it, you must move on. 

The simplest way is to pay cash, but not many people have that much in reserve. You could refinance the mortgage, but interest rates are up, and qualifying may be difficult. You would pay off the existing mortgage balance through the refinance and use the equity to pay the other spouse. If your application is accepted, your monthly payment may be more than what you pay now. 

Another option might be that the other party will accept payments over time, and the property title changes after the last one is made. This will require a written contract, and both sides will want to protect their interests if, in the future, the paying party cannot afford full payments or complete the deal within the specified time frame. 

Because all marital assets are subject to equitable division, one way to buy out your spouse is to transfer or give up your claims to other assets. Read our blog article I Want to Buy My Spouse Out of the House for more information.

If you have any questions about what will happen with your home after a divorce or need legal representation, please contact us here at Karen Ann Ulmer, P.C. We can discuss how this may play out and how we can help you through the process. 

by

I Want to Buy My Spouse Out of the House

,

If you and your spouse are divorcing and you own a home, you have some options. If you want the property, you will need to pay your spouse for their equity share. One way to accomplish this is to trade assets or property as part of the divorce process.  

Splitting up your debts, assets, and possessions fairly and equitably will be part of your divorce. It can be very contentious, but ideally, the parties should consider this a business transaction. The two of you will start a new personal life, and to accomplish that, you will need to split your financial lives in a way you can both accept. 

You can reach a resolution or litigate the issue and have the judge decide. If that is where the case ends up, you will give up controlling the outcome, which will cost you more time, energy, and money.  

How Can I Make This Work? 

If you prefer to live in your marital home, you will need to pay your spouse for their ownership interest. 

Often during divorces, the spouses agree and disagree on a mix of assets. You could offer your spouse something that is clearly yours and give up your rights to assets that are contested. Consider the following scenarios: 

  • The two of you have $100,000 in home equity. To buy out your spouse’s $50,000 share, you could give up your $50,000 interest in a joint investment account or a 401k. 
  • You are claiming spousal support. You may give it up or reduce it in exchange for your spouse’s home equity.

Ideally, your spouse will be open to swapping assets to cover their home equity, and it will be enough to cover the whole amount. If that is not the case, you could pursue a cash-out finance but keep in mind the following:

  • You would refinance your mortgage, but in your name only. 
  • This is only an option if you qualify for the loan and can afford the new monthly payments, which will probably be higher than what the two of you now pay. You are also subject to the going loan rates, which are going up and down. 
  • If you are the sole owner, you must also be able to afford all the other costs that come with home ownership, such as taxes, utilities, maintenance, repairs, and insurance. 
  • The refinance gives you access to the home equity, which you can use to pay your spouse.

Given the number of divorces, this is nothing new for mortgage companies. However, if this is your first divorce, it is new to you. Refinancing a mortgage during a divorce will probably involve substantial potential financial liability, so this should not be decided upon quickly without advice from an attorney. 

What Could Be My Plan B? 

As much as you want the house, depending on your post-divorce income and assets, buying out your spouse could make you house-rich and money-poor. You may end up with not enough money to go anywhere or do anything, and being one major house repair away from living on credit cards. Your spouse could buy you out, or the two of you could sell the house and split the profit. The money you receive could be your down payment on a more affordable house.  

Who Will Own Your House is Just One of Many Issues 

If you are considering getting divorced and concerned about where you’ll live afterward, contact us here at Karen Ann Ulmer, P.C., so we can answer your questions and discuss how we can help you.   

by

What is a Master in Divorce?

The master in divorce is an experienced family law attorney appointed by the court who may help you and your spouse resolve your differences. Masters resolve contested divorce and annulment cases, including post-divorce alimony and equitable division of debts and assets. A divorce master will not provide legal advice or help you file for divorce.  

The master does most of the court’s work in a divorce case. This process aims to lessen the judges’ workload, resolve disagreements and prevent cases from going to trial. A master’s duties include conducting conferences to resolve the following issues: 

  • Equitable division, alimony changes, and child custody disputes 
  • Counsel fees, costs, and expenses 
  • Special relief and discovery (the process by which the parties exchange information, documents, and testimony before a trial)  

The master (the term “hearing officer” is used in the statute) can hear testimony and take evidence. 

How Does This Work? 

After discovery, the parties may agree on the division of your assets and debts, for example. If so, we will draft a settlement agreement outlining the agreement’s terms, file it with the court, and if all goes well, it will be part of the divorce decree. If we cannot reach an agreement, we can request a masters hearing, which may come four to six months later. 

Before the hearing, we will create a document for the court stating the relevant information in your case, including facts about you, your children, spouse, incomes, and assets. With it will be copies of relevant documents the parties exchanged during discovery. Your spouse and their attorney will do the same. The master will review both sides’ submissions before the hearing to understand the issues the two of you have resolved and those still in dispute. At the hearing, both spouses, their lawyers, and the master meet in a courthouse conference room.  

If the master feels the need, testimony would be taken to create a complete record of the relevant facts. If some facts are disputed, the master may use testimony to make credibility judgments about the parties and witnesses. 

The master makes recommendations to help the parties reach an agreement.  If you do so at the hearing, the agreement is read to a court reporter, who records it as a court transcript. The master sends the file to the judge, who signs the final decree. 

If there is no agreement at the hearing, the master writes a report with a statement of facts, conclusions of law, and a recommendation to resolve the issue. It is sent to the attorneys in the case. We would have 20 days to discuss and accept or reject it. We could also ask the master for a new hearing. If one or both sides disagree, the recommendation can be appealed, and a hearing with a judge will be requested. The judge will hear arguments on the exceptions at the hearing and issue a final decree. 

Get the Help You Need From Attorneys You Can Trust 

A divorce has many moving pieces. You can get into trouble if you do not understand how it all works together. A critical component is court procedures. You may have a strong case that should help you reach your goals, but if you do not know how the court system works, what you need to do, and who does what, you may fall far short.  

The attorneys at Karen Ann Ulmer, P.C., can answer your questions and represent you in your divorce so you will have the best chance possible for a positive outcome. Contact us today to see how we can help.   

by

Counseling During a Divorce

Going through a divorce is one of the toughest experiences a person can have. This is true even when the divorce goes rather smoothly. The reason divorce is so difficult is intimately linked to our emotions.

Love is an emotional experience. But it can be hard to maintain a relationship and over time your emotions can move from love to hate or frustration with them. This then often leads to self-doubts about ourselves. Were we not good enough people for them? Were we not good enough people for love? Do we even deserve to find love again if we’ve messed it up this time?

Dealing with questions like these is a normal, though extremely difficult, facet of going through a divorce. All of these emotions can be mixed up and confusing, especially when there was physical or mental abuse present in the marriage.

That’s why divorce counseling exists. Today we’re gonna learn what divorce counseling is, the purpose it has, and what you can expect from a divorce counselor should you decide to visit one.

What Is Divorce Counseling?

There are many different types of counseling available for a variety of different reasons. Divorce counseling is the type we use to explore, understand, recognize, and then resolve the conflicts that have arisen due to the divorce.

As a type of psychotherapy, it focuses on discussion with a trained counselor. Depending on where in the divorce process you are, you may start at a different point in counseling. For those who are just considering divorce, divorce counseling might be an option to determine if a divorce is the right choice.

A safe space is provided for individuals to discuss the challenges that they face in the relationship and their emotions, as well as their feelings about their partner as well. Your counselor will likely have some tools they can offer you to help you better manage all the emotions you are dealing with as part of the process.

Divorce counseling can be pre-divorce or post-divorce. Each presents its own issues that can be worked through and counseling can help with both.

What Is the Purpose of Divorce Counseling?

The purpose of divorce counseling, first and foremost, is to help those who are considering divorce, going through a divorce, or those who’ve just finished a divorce to better cope with their emotions during and throughout this turbulent experience.

It’s impossible to overstate how emotionally charged divorces are. Countless studies have shown that divorces bring up a range of negative emotions, even when separating from each other is the right choice to make.

The reason makes sense when you break it down. When we get married, we promise ourselves to each other until death does us part. But divorce is not death. It might be the right choice because the relationship is toxic, but it still represents a failure of the original stated goal. This can leave a lot of confusing feelings. We wonder if it was our fault or theirs. We wonder if we can ever get married again if our word, our vows, turned out not to be true.

There is an incredible amount of self-doubt involved in a divorce. This self-doubt may be mixed with anger and resentment but it is often a source of that anger and resentment rather than a separate emotional experience to it. When all sorts of emotions like these get mixed together, it can make it impossible to move forward with a divorce in a reasonable manner.

By meeting with a divorce counselor you are taking a proactive step in untangling this emotional web. As a result, you will build better tools for managing your anger, resentment, and self-doubt. These in turn can allow you to react with more calm and thoughtfulness during the divorce proceedings. Rather than just arguing and fighting because of all those pent-up emotions, you can develop the tools that allow you to deal with the situation in a healthy manner, one that allows the proceedings to move forward smoother and thus finish up quicker.

How Does Divorce Counseling Work in Practice?

Divorce counseling can be quite varied in practice. Some divorce counselors may work in a private practice while others work at a counseling center and still others only practice online. These will all function differently in the minutia, such as arriving at the practice and checking in with the receptionist or logging onto a designated website or video conferencing program.

However, the actual meetings will follow a much similar format. Your counselor will want to meet with you to get an understanding of the reasons behind the divorce. This will also allow them to get a much better sense of the situation, not just the divorce itself but where each party lies in terms of their emotions and rationalizations.

This will be done through discussion and conversation. But the conversation can actually be much broader than people expect. A divorce counselor wants more than to just help with the divorce. They want to provide you with tools and resources that will allow you to heal and grow into a stronger individual. To this end, they may teach coping skills for dealing with your emotions or offer self-care advice for individuals whose emotions make it hard for them to care for themselves. They can also help you in developing a new plan for your life now that you are going forward on your own again.

How Can I Tell If I Need Divorce Counseling?

If you are having a difficult time with the divorce then divorce counseling could help. But it may be hard to tell because everything is so stressful.

That stress is a sign that you could use counseling. Other signs include:

  • Irritability
  • Lack of appetite
  • Lack of personal hygiene
  • Destructive tendencies
  • Depression and anxiety
  • Random crying fits
  • A reliance on drugs and alcohol

These are just a few of the signs. If you are going through a divorce, chances are good that you could benefit from divorce counseling. At the very least, it is worth reaching out to a divorce counselor to ask their opinion.

by

How Are Divorce Papers Served?

,

You may read stories about people trying to avoid being served with legal papers. This rarely happens, and in most divorces, this critical step is handled without drama by spouses who understand their marriage is ending. 

A divorce is a legal action. A necessary step in the process is serving the non-filing party (the defendant) with the complaint. Most divorces are not surprises, and agreements are often worked out before a divorce complaint (which is filed with the court stating the party seeks a divorce, why, and the basic facts of the case) is finalized. Usually, service, though necessary, is a formality. 

What is Being Served? 

That complaint is completed and filed with the court. A copy is provided (or served) to the defendant. The court will not want to proceed without proof the other spouse has a copy of the complaint. 

In Pennsylvania, your spouse must be “personally served” with the complaint (though that does not necessarily mean they are handed the complaint), a notice that the party can defend their rights, a counseling notice, and any other documents filed with the complaint at the courthouse. This must be accomplished within 30 days of the complaint’s filing (90 days if they live out of state). 

How Can My Spouse Be Served? 

Service can be accomplished by: 

  • An unrelated individual older than 18 hands the documents to your spouse and fills out an affidavit describing how that happened. There are companies whose employees provide this help (people referred to as process servers) as well as the local sheriff’s department. 
  • Certified mail with restricted delivery is a cheaper route and an option when the two of you cooperate to end your marriage. With this kind of delivery, there would be an acceptance of service form for your spouse to sign. 
  • The defendant’s attorney accepts service on their client’s behalf. If your spouse is not represented, they may consent to our office mailing them the complaint, and then they fill out the acknowledgment of service form. 

The defendant has 90 days after service of the complaint to file an answer in response. The service process is similar in New Jersey, but the defendant has 35 days to file an answer. 

Why Should I Not Do This Myself? 

There are many benefits to hiring an attorney to represent you in a divorce. The process can involve several steps involving various filings with different requirements and deadlines, depending on your case’s complexity and how much the two of you work together to finalize the divorce. 

A significant benefit of retaining our services is we deal with all these details, including service, not you. You do not have to worry about whether your spouse will try to run and hide from the process server or if the service will be on time. You will not have to spend time recruiting your neighbor’s unemployed son to serve the papers. 

Divorce is stressful enough. Why add to it by trying to do it on your own? Making sure all the requirements of the divorce process are followed is a crucial part of what we do. This allows you to spend your time and energy on more important things like your well-being, job, and kids.  

Contact Karen Ann Ulmer, PC, today because we are here to help. If you are considering getting divorced and have questions, or you have decided it is right for you and you need legal representation, call us today.

by

Divorce and Life Insurance

Divorce will cause many changes in your life, but one thing never changes – no one lives forever. Life insurance is an essential financial tool to help those you leave behind. Whether you are married or not, life insurance is critical if you have minor children. 

Many potential life insurance issues may arise during a divorce. We can help you navigate them so you and your children can avoid legal and financial problems later on. 

Your Policy May Be a Marital Asset Subject to Equitable Division 

Whole and universal life policies have a cash value, so they are part of your net worth. It must be listed as a marital asset to be divided, and it may be cashed out and divided between you and your spouse. A term life policy does not have a present cash value, so it is not a marital asset and is not subject to division. But it can still come into play because, as part of the divorce order, you may need to maintain life insurance coverage to benefit your children. 

Changing the Beneficiary After Your Divorce 

Married couples typically name each other as life insurance beneficiaries to cushion the financial blow when one dies. Pennsylvania estate law automatically nullifies the ex-spouse’s beneficiary pre-divorce designation in a private life insurance policy.  

Your ex could still be the beneficiary if your settlement agreement or divorce order clearly provides they are to continue. If you and your ex are on good enough terms and you feel your ex is capable, part of an agreement can be that they will care for your minor children after your death.  

If that is the case, you could create a trust funded by your policy’s proceeds with your ex as the trustee and your children as the beneficiaries. If your ex is the policy’s beneficiary and you pass away without a trust, they could spend the money on themselves if they wish. 

You May Be Legally Obligated to Carry Life Insurance 

You may need to maintain life insurance if you will pay child and/or spousal support (or alimony) either as part of the agreement with your spouse or due to the divorce order. If you pass away unexpectedly, the benefits will replace the support you would have paid during your lifetime. 

Not everything goes as planned. A spouse required to have life insurance may stop paying premiums without you or the court being aware of the problem. This can be addressed by:  

  • Providing the insurance carrier with a copy of the divorce decree with instructions that the beneficiary is to be notified if the policy changes or if the premiums go unpaid 
  • Having the beneficiary own the policy and make payments 
  • Adding the premium amount to the child and/or spousal support with the beneficiary using this money to pay the premium 

Planning on unforeseen, potential problems like missed premiums and addressing them before they happen can be the ounce of prevention that is worth a pound of cure. 

If You Have Children and Are Getting Divorced, Life Insurance Makes Sense 

Whether your ex is a responsible parent or not, whether life insurance is part of the divorce decree or not, if you have young children, you should consider purchasing life insurance as part of estate planning. You may have created an estate plan with your spouse. If so, it needs to change. If not, you should make one for yourself. 

If your ex will be the single parent to your kids with your unexpected passing, fund a trust for them through insurance proceeds with your ex as the trustee. If the other parent is out of the picture or otherwise incapable, through your will you can nominate someone as your kids’ guardian (although a judge has the final say). That person could also be the trustee, and insurance proceeds would help fund your children’s expenses as they grow up. 

If you are thinking about getting divorced and all the financial issues (like life insurance) that come with it, contact us at Karen Ann Ulmer, P.C., so we can answer your questions and discuss how we can help you.  

by

Student Loan Debt and Your Divorce

,

When it comes to dividing things during a divorce, you may think about assets like investments or real estate, but you may also need to split your debts. Depending on what they are and how much, avoiding getting stuck with your spouse’s student loans may be a bigger financial win than obtaining an investment account or car. 

Americans have about $1.5 trillion in student debt, according to NBC News, so it should not be a surprise that one or both of you have these loans. Payments may be in the hundreds or thousands of dollars each month. Unless you qualify for a program to make your payments or forgive your loans, not even bankruptcy can wash away your liability. 

Usually, the spouse taking the asset takes on the loan paying for it. If you get the car, and it is not paid off yet, you are responsible for the car loan. But education is not a tangible asset. It is a service. You paid for someone to educate you. Part of the plan was probably that your education was an investment that would lead to a higher income than if you went without.  

Depending on your finances, debts, and professional and personal lives, these divorce issues could be very complicated. The more money at issue, the greater your need for an attorney’s help because there is more at stake and more to lose. 

Is the Student Debt Subject to Equitable Distribution? 

The first step is determining if the student loan is a marital or a non-marital debt. If it was incurred during the marriage, it is a marital debt. If the debt arose before the marriage or after your separation, it is a non-marital debt and not subject to equitable distribution (to split fairly amongst the parties depending on the facts of the situation). 

Marital debts are generally subject to equitable distribution. That could mean both parties are equally liable, only one is responsible for the debt, or what they must pay is somewhere in between. 

Issues a Judge May Consider 

Student loans are personal to the spouse receiving the education. The student loan’s benefit is usually obtained by the spouse getting the education. But a student loan could cover living expenses for both spouses. If the other spouse benefitted from the education because of a higher household income, they might be partially responsible for paying it back.  

If the debt is greater than any income increase or the spouses were economically independent of each other, requiring the other spouse to help pay the debt would be unfair. If a spouse is attending college full-time or enough to impact how much the two earn, often the other spouse will have more, if not all, of the burden of earning an income. That may mean shelving their plans for additional education or starting a business, impacting them financially. It would not be equitable for that person to bear these burdens, plus make student loan payments. 

What Is on the Paperwork? 

Whose name is on the loan? If you and your spouse took out the loan together so one of you could attend grad school, both of you are on the hook. If your name is not on the paperwork and you did not co-sign the debt, it is easier to say it is not yours. 

If you co-signed a loan, things get complicated. When you co-sign, you are only responsible if your ex defaults or stops paying for the loan. You would like to think that would only happen if payment is, as a practical matter, impossible. But it can also occur if the debtor stops paying and spends their money elsewhere. The creditor may decide it is easier to get payments from you than pursue your ex. 

You also may have consolidated student loan debt by using a home equity line of credit (HELOC). If your name is on the debt, it is half yours. If the amount is substantial and primarily for your spouse’s education, you may be responsible for paying it.  

The Big Picture 

Like all disputes arising in a divorce, the issue will be litigated if the parties cannot agree, making a resolution far more costly and time-consuming. Couples need to inventory their assets and debts, determine which are personal and which are marital, and come up with a way marital assets and debts can be fairly spread among them. Both sides will probably get a mix of debts and assets. Student loans are just one piece of the puzzle. At Karen Ann Ulmer, P.C., we know how to protect our clients from unfairly taking on debts. Contact us today to see how we can help you.

by

Should I Move During My Divorce?

,

Not to sound like a lawyer, but that depends. If you feel unsafe or your spouse drives you crazy, you should move, but you should be aware of and prepare for the negative consequences. If you can still tolerate each other and be civil, you’re probably better off staying in the home, at least until you reach a divorce agreement. 

Moving out makes the most sense when: 

  • You’re earning an income that will pay for both homes’ expenses 
  • You don’t have kids or, if you do, you aren’t interested in having primary custody 
  • You (and your kids) must leave an abusive situation 
  • You’re not interested in owning the house when marital assets are divided 

Should you stay or should you go? You have to consider the issues: 

  1. Would Moving Impact a Custody Dispute? 

If you have kids, do you plan to move out with them, or will they stay with the other parent? Moving out of the home while your kids remain will likely impact your custody claim, so if that’s a priority, stay where you are. 

Unless you’re involved in an abusive relationship, it’s usually in a child’s best interests to stay in the family home during a divorce because it should minimize the potential disruptions to children’s lives.  

  1. How Would Moving Affect Your Finances in the Short and Long Term? 

Moving means two households and possibly twice as many expenses. Leaving your marital home doesn’t mean you no longer need to worry about its bills. If you share the title and a mortgage to a house, you must keep up the payments. You’ll have your new expenses, plus your old ones. Can you swing that? 

Your house may be the most valuable asset the two of you own. Though it’s no guarantee, when it’s time to decide who will get the house, the spouse living in or maintaining it can have a stronger claim than the one who moved out or who isn’t helping to maintain it.  

If you want the house when marital property is divided, remaining in it may help protect your interests. Leaving is not a big deal if you don’t want the house and would rather have your share of it paid to you in cash or some other asset. 

  1. Might Remaining at Home Push the Divorce Process Along? 

Emotionally, moving out can be a mixed bag. In the short term, the two of you are physically away from a source of stress which should improve your peace of mind. This reduced stress takes some pressure off and makes finalizing the divorce less urgent. Therefore negotiations may drag out longer. If you share the same household, the two of you may be more motivated to get the divorce over and done with. 

Don’t Make a Move Without Talking to Us 

Moving out of your marital home may have far more consequences than you realize. You may see living on your own as a major goal that shouldn’t wait for a finalized divorce. Depending on your circumstances, you may be able to achieve that with minimal impact on your interests. It may also be a significant financial stretch that can impact your ability to get custody of your kids and your house as part of the division of assets. 

Should you move during your divorce? Like all other issues, that depends on your goals, situation, and the law’s impact. If you’re thinking about getting divorced and how that’ll impact where you’ll live, contact us here at Karen Ann Ulmer, P.C., so we can answer your questions and discuss how we can help you.  

by

How Long Could the Divorce Process Take?

Divorce is a frustrating experience, though actually having a divorce granted is often a great relief. But not every divorce is the same. Some are based on faults, some are based on irreconcilable differences, and others yet are hard-fought battles in order to achieve freedom.

If you are considering a divorce, then you already know that you are going to be going through a rough experience. But what you might not know already is how long it will take. That’s a question that’s a little harder to answer than you might have thought.

The reason it’s hard to answer is that it depends on the circumstances of the divorce itself. To get a sense of how long your divorce may take, we’ll look at the different kinds of divorce there are. We’ll see how long it takes when there is no fault, how long it takes when there is fault, and how long it takes when the divorce is contested; that way, you can have a sense of how long yours will take.

How Long Does a No-Fault Divorce Take?

A no-fault divorce can be one of the quicker ways to achieve a divorce. The idea of a no-fault divorce is that nobody involved was at fault, the relationship between the spouses has hit some irreconcilable differences, and therefore the only way to move forward is separately.

Because nobody is at fault, these divorces can often move forward rather quickly. However, it’s important to note that the divorce could be contested and this, in turn, would greatly lengthen the process. However, we will be discussing contested divorce in more depth below, so for the purposes of this discussion on no-fault divorce, we will assume that it is uncontested.

There are two ways to get a no-fault divorce, and they take vastly different amounts of time. The first way, which is the shortest, is for you and your spouse to both consent to the divorce. When this is the case, you could have the divorce finalized 90 days after filing. This is the mandatory waiting period in Pennsylvania and so you won’t be able to speed that up.

The other way to get a no-fault divorce requires that you and your spouse be separated for at least two years. This would mean then that this approach could get a divorce finalized two years and three months later. Clearly, the faster route is to both agree to a no-fault divorce, otherwise you’ll have to wait.

How Long Does a Fault Divorce Take?

A fault divorce is different in that it is directly stating that one of the spouses is at fault for the divorce. Legally this means that the at fault individual is guilty of:

  • Adultery
  • Abandonment (for at least a year)
  • Extreme cruelty
  • Bigamy
  • Or they were convicted of a crime that would see them behind bars for two years or more

Divorces of this nature can be long and costly. You can’t just say that your spouse is guilty of one of these, you need to prove it. While this is easiest when they are convicted of a crime, it can be much harder to prove extreme cruelty or adultery. It takes time to gather evidence and build a case that will prove the allegations.

Thankfully, though, if your particular case is easy to prove then it could move quite quickly. A fault divorce is not subject to the three month waiting period discussed above. This means that if you already have enough evidence, this type of divorce should, in theory, be faster. 

How Long Does a Contested Divorce Take?

A contested divorce can take a very, very long time to resolve in some cases. A contested divorce is simply a divorce wherein the two parties disagree on different parts of the divorce agreement. So it could be a loveless marriage that both individuals want out of, but because of a disagreement on the divorce agreement it could be dragged out for years.

Disputes typically arise in regards to the distribution of assets of the marriage, as well as child-related issues such as the amount of child support or the custody of the children. These fights can become quite intense.

One thing that often helps to speed up the process is to work with an attorney as a mediator. A mediator acts as a neutral third party to engage the fighting parties in a structured resolution-focused discussion in order to try to come to agreeable terms. A mediator isn’t a couple’s therapist; they aren’t going to try to make you like each other. Their goal is to bring the conflict to an end.

This is often the best way to bring a contested divorce to a close. If issues continue to long, and especially if they are negatively impacting the children of the marriage, then the courts may make decisions for the couple in order to bring an end to the ordeal. This may resolve any conflicts that were still open, but it removes control from the parties involved. This means that the resolution isn’t necessarily going to be agreeable to either individual.

The reason that we mention children of the marriage specifically is that the courts really do pay special attention to how the process is affecting them. They also want to ensure that the decisions the couple makes or outcomes they fight for are appropriate. So one parent trying to gain sole custody only to deprive the other of their children would be looked at negatively by the court and almost certainly never get the request granted. But a spouse seeking sole custody to protect the children from an abusive parent would be a whole different story.

Is There Any Way to Speed Up My Divorce?

If you are looking to get divorced, then one thing that could help speed up the process is to attain the services of a qualified and experienced divorce attorney. They can file paperwork on your behalf to start the divorce process, or they can help you to build a case for a fault divorce prior to filing.

Should the divorce go forward smoothly, then you won’t need their services for very long. But if your spouse contests the divorce, then your attorney is in the right position to get a quick start on whatever legal challenge comes your way.

by