No-Contact Order vs. Protection From Abuse (PFA) Order: What’s the Difference in Pennsylvania?

You’re scared, and you need to put distance between yourself and your spouse in fear that they will hurt you or your children. You know that filing some type of restraining order can help, but you are unsure about which one is appropriate and how the two differ. The idea of navigating the court system and following all the rules can also feel daunting. 

A Protection From Abuse (PFA) order and a no-contact order could both bring you peace of mind. Learn the difference between no contact vs. PFA in Pennsylvania, then seek legal assistance.  

What Is a PFA?

A Protection From Abuse (PFA) order is a court order that prohibits an abuser from coming into physical contact with you. This is a type of restraining order and is often used in cases of domestic violence. PFAs last up to three years and are available to individuals 18 or older or teens and children when accompanied by an adult. 

When you file for a PFA, a police officer will serve notice to your abuser. They must attend a PFA hearing, where a judge will hear both sides and determine whether to issue the court order. If you are in immediate danger, you can also seek a temporary PFA that would go into effect immediately.

PFA orders prevent the abuser from entering your home, school, and/or place of work. If you live with the abuser, they will need to vacate the home. You will also gain custody or visitation rights of your children during this period. 

However, if the defendant fights this restraining order, the judge may not grant it unless you can provide evidence of a physical threat or assault. 

PFAs offer victim protection, but they aren’t the only type of protective order in Pennsylvania. Ask your attorney whether a Sexual Violence Protection Order (SVPO) or Protection From Intimidation Order (PFI) may be better. 

What Is a No-Contact Order?

A no-contact order is a protective order that prohibits a person from contacting you in person, by phone, or by any other means. The main difference between a no-contact order and a PFA is that a no-contact order can only go into effect after a violent act has occurred, not just after the threat of an action. 

No-contact orders go both ways — neither of you can contact each other. This protective order seeks to prevent future crimes. You may seek a no-contact order while waiting for a judge to issue a PFA.

If your abuser violates a no-contact order, they may be found in contempt of court, which can lead to jail time and fines. 

Do you need help understanding the difference between a no-contact order and a PFA? Are you seeking an appropriate protective order? Karen Ann Ulmer, P.C., is on your side and can help you navigate every step of this legal process. Contact our Pennsylvania attorneys today at (866) 349-4721 to schedule a consultation. 

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Child Custody – What Not To Say About Your Ex

Your emotions are probably intense if you’re navigating a heated child custody battle. Saying something negative about your ex may seem like a good idea. After all, couldn’t it show the judge that you should have full custody instead of them?  

In reality, saying the wrong thing during a custody battle can hurt your case. It can also place more stress on your children during an already tumultuous process. Our Bucks County, PA child custody attorneys provide a few tips on what not to say or do during a child custody battle. 

Don’t Say Negative Words About Your Ex to Your Children

Your children are at the heart of your custody battle. It can be tempting to involve them in your arguments by slandering your ex in front of them. 

Maybe you want to vent to your kids about how rude your ex is. It’s much better to vent to a friend or an attorney than to involve your children. 

Kids become confused easily and don’t need to know the details of your dispute with your spouse. If the judge hears you were complaining about your ex to your kids, they may believe you were trying to alienate them, which could affect your co-parenting agreement and visitation rights. 

Don’t Tell Your Children What Your Ex Did

Did your ex cheat on you? Steal money from your joint accounts? Lie about their behavior? Tell it to the court — not your children. On the rare chance your child is called to testify, a judge will not look favorably on your tattling about your ex to your kids. Your custody battle is already stressful enough for your children without you encouraging them to choose sides or lose trust in their other parent. 

Don’t Tell Lies About Your Ex

You may be tempted to make up lies about your ex in court to prove poor parental conduct. Maybe you believe your ex would be neglectful of your child, but you don’t have any proof of them acting that way, so you decide to make up a story about how they forgot to pick your child up from school. 

If a judge finds out you lied in court, it could have devastating consequences for your child custody case.  

Don’t Be Rude or Disrespectful 

While tensions run high during child custody battles, avoid being rude or disrespectful to anyone involved in your case. Unkind words to your spouse can make their way to the judge’s ears and hurt your case.

You especially need to watch what you say in court. Judges make decisions in the child’s best interest, and if they see you acting immaturely or aggressively, they’ll consider your behavior when finalizing the court orders. 

Contact Karen Ann Ulmer, P.C., for Guidance Through Your Custody Battle

Knowing what to say and what not to say during a child custody dispute can be challenging. Allow experienced and compassionate divorce attorney Karen Ann Ulmer, P.C., to guide you. Contact us today at (866) 349-4721 to schedule a confidential consultation. 

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Child Custody: What Not To Do for the Good of Your Kids

How can you help your child navigate your divorce?  Keep the focus and a close eye on them, agree to be civil and peaceful, and let them process the changes.  

Working out a child custody agreement is one of the biggest priorities for divorcing couples with kids. Just because you and your spouse don’t want to remain married doesn’t mean you must give up parenting time and miss out on parental involvement as your children grow up.

However, you will need to avoid certain things that could affect the status of a child custody agreement. This will reduce the chances of you ending up in a custody battle later on because you chose not to play by the rules you helped establish.

Here are several examples of what not to do when it comes to child custody.

Criticizing Your Ex

As part of the child custody agreement you and your ex-spouse reached, you’ll likely have specific times throughout each week when you’ll have sole custody of your kids. If your divorce is still fresh on your mind, you might use this as an opportunity to tell your kids details about your divorce. You might also use it to criticize their other parent while in their presence.

Steer clear of doing these actions at all costs. Studies on children with divorced parents have shown that about one-third of them wish their parents wouldn’t criticize each other while they’re around. It can do a disservice to kids by making them feel like they’re stuck in the middle.

Even if you and your ex-spouse aren’t cordial in the aftermath of your divorce and continue to disagree over issues like child support, you shouldn’t let it show when you’re with your kids. Instead, keep the focus on them to take full advantage of your child custody setup.

Failing to Cooperate

If you’re constantly uncooperative while communicating with your spouse about child custody, it could create major problems. They may accuse you of being difficult and begin documenting all the instances in which you’ve given them a hard time. It could lead to a judge changing the terms of your original child custody agreement to minimize the contact you have with your ex-spouse and/or kids.

To keep your initial child custody agreement intact, stick to the child custody schedule that you agreed to and that a judge signed off on.

Being Inconsiderate

Are you always showing up late to pick up your kids or calling your ex-spouse at the last minute to let them know you can’t make it for a visit? Worse, do you take your children on vacation without letting your ex-spouse know or even just pick them up early from school on certain days without your ex-spouse’s permission?

All these actions are inconsiderate, to say the least. They are also reasons that a judge might cite for needing to make adjustments to your current child custody schedule.

Need Help With a Child Custody Case? Let Karen Ann Ulmer, P.C., Lend a Hand

Divorce cases that involve child custody can be more complex than other divorce cases. Karen Ann Ulmer, P.C., can provide the legal representation you need to navigate your way through a complicated case. Call (866) 311-4783 now to arrange a consultation.

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College and Divorce: Covering Kids’ Tuition and Other Costs

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

See how to accomplish this goal below.

Who Pays College Tuition for Kids Following a Divorce?

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

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

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

Do Child Support Payments Continue When Kids Attend College?

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

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

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

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

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

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

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

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

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What Happens After Divorce Papers Are Filed?

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

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

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

The Spouse Who Received Divorce Papers Responds

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

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

A Divorcing Couple Goes Through a Separation Period

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

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

The Rest of the Divorce Process Moves Forward

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

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

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

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

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

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Who Pays the Bills During Divorce Proceedings?

Studies have shown that going through a divorce can take a huge physical and mental toll on a person. Divorcees are more likely to have health-related issues including heart issues and depression.

A divorce can also present problems for a person’s financial situation, especially if they share joint finances with their soon-to-be ex-spouse. They might struggle to answer the question, “Who pays the bills during divorce proceedings?”

If you’re going through a divorce, you’ll want to answer this question first. It will prevent you from falling behind on your financial obligations during the divorce process.

If You and Your Partner Are on Good Terms

Recent surveys suggest about one-third of divorced couples describe their splits as “amicable.” If you and your partner are ending your marriage but are still on good terms, it should bode well for you when answering the question, “Who pays the bills during divorce proceedings?”

In this case, you and your partner should attempt to stick to the status quo and continue paying your bills just like you always have. If, for instance, you’ve traditionally used both your paychecks to cover household expenses, keep doing this.

Take this approach to paying:

  • Mortgages
  • Insurance premiums
  • Utilities
  • Car notes
  • Grocery bills
  • Daycare costs

Just confirm your partner is holding up their end of the bargain. Gain access to online accounts you share and check to see that they’re making payments.

If You and Your Partner Aren’t on Good Terms

While some couples keep things cordial during divorces, others end up on bad terms from the second they separate. This can complicate matters when answering the question, “Who pays the bills during divorce proceedings?”

If you and your partner are going through a contentious divorce, you shouldn’t simply trust them to continue to operate in good faith when it comes to paying the bills. You both need to sit down and come to an official agreement about who is in charge of paying which bills.

You might even want to secure a temporary order from a judge laying out how you’ll pay your bills. This order will reveal:

  • How much income you and your partner make
  • Which of you is responsible for paying which bills
  • What will happen if one of you decides not to pay bills

A Word of Caution

Divorce often brings out the worst in people. This is especially true in divorce cases involving alimony and child support.

If you have the slightest inclination that your divorce proceedings might not go smoothly, work with a divorce attorney to create an agreement between you and your partner.

Contact Karen Ann Ulmer, P.C., for Help With Complicated Divorce Issues

“Who pays the bills during divorce proceedings?” is just one of many questions you’ll encounter as you go through the divorce process. You might also have to work out issues as you divide your marital assets and take other important steps.

Karen Ann Ulmer, P.C., can speak with you about your situation and aim to make your divorce less stressful. Call 866-311-4783 to schedule a consultation.

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Co-parenting and Dangerous Parenting

Co-parenting after splitting up can be challenging even when both sides are well-meaning and cooperative. It’s a lot more difficult when navigating co-parenting and dangerous parenting on your ex-partner’s side. 

Courts will always prioritize well-being while protecting children from high-conflict co-parenting. Consider the following when creating a safety plan for co-parenting with a risky ex.

What If You’re Concerned for Your Child’s Safety When They’re With Your Ex?

As a rule, family law courts believe it’s in the child’s best interests to spend time with both parents. However, some signs might tell you that your ex is unsafe for your kids.

Certain things your children do or say after spending time with the other parent could make you believe it’s dangerous for them to stay with your ex unsupervised. In this scenario, stay vigilant and consult a custody lawyer who knows how to navigate co-parenting and dangerous parenting.

Red Flags of Dangerous Co-Parenting Behavior

If your child comes back from their other parent with bruises or other signs of physical harm or tells you that your ex has abused them, you’ll want to take immediate action. However, not all abuse is obvious, especially if your child is too young to describe what happened.

Neglect and lack of supervision are also a form of abuse. For example, maybe your child often returns underfed or dirty from your ex’s house, or you discover that your ex neglects to ensure they take their prescription medications. You may also suspect your co-parent lets your child engage in risky or age-inappropriate activities without supervision. 

Finally, you may feel concerned about your ex-partner’s unaddressed problem of alcohol or substance abuse in the context of co-parenting.

You Must Still Obey Court Orders

While courts focus on prioritizing child safety in co-parenting plans, they expect you to comply with the proper procedures and present solid proof of your co-parent’s risky behavior. 

A seasoned lawyer can help you look into legal options for limiting contact with a dangerous parent. However, you can’t simply withhold parenting time based on suspicion. You could get into serious trouble, and the court may reduce your parenting time.

Document Each Incident of Potentially Dangerous Co-Parenting Behavior

Did your child tell you their other parent pushed, shoved, or slapped them? Write it down and date it. Did your ex-partner send you a text message or voicemail admitting they let the children stay outside until late unsupervised, despite your insistence not to? Save this message.

Keep a personal record of all your ex-partner’s actions that are abusive or could potentially endanger your kids. Then, consult a family lawyer for reliable advice on keeping your children safe.

Dealing With an Unsafe Co-Parent? Call Karen Ann Ulmer, P.C. 

Do you believe your ex is an unsafe co-parent? The skilled divorce and custody lawyers of Karen Ann Ulmer, P.C., can help you handle co-parenting and dangerous parenting, including co-parenting with a narcissist or abusive ex. Call us at (866) 349-4907 or schedule a consultation online.

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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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Child Custody and Religious Upbringing

Religion is a contested topic in many divorces, specifically when there are minor children in the picture. When a custody dispute involves religion, the judges in Bucks County, PA will always put the child’s interest first.

Who decides on matters of religious upbringing in child custody agreements? How do you approach balancing religious beliefs in co-parenting? Let’s talk about religion and how it impacts child custody. 

Can My Spouse Stop Me From Raising My Kids in My Faith?

Religious freedom is a constitutional right; generally, a parent’s religion won’t sway courts when deciding on custody arrangements. However, there may be exceptions if a parent’s religious practices cause direct harm to a child.

If Bob, who is Christian, divorces Karen, who is Jewish, he probably won’t be able to stop Karen from taking the kids to the synagogue on the High Holy Days. Similarly, Karen can’t stop Bob from attending Christmas service with the children while they spend the holidays with him. 

However, courts will also consider the status quo beyond child custody and freedom of religion. For example, if Bob and Karen’s children previously attended Hebrew school, Bob probably wouldn’t be able to pull them out after the divorce if Karen wants them to remain enrolled.

In discussing religion and how it impacts child custody, it’s important to distinguish between physical and legal custody. Parents typically share legal custody equally, regardless of who has the larger share of physical custody.

Thus, even if the children spend more time with one parent, the other parent has an equal say in the children’s religious upbringing. However, if one parent has sole legal custody, they’ll be responsible for all the major decisions in raising the child, including religious education. 

Don’t Weaponize Religion 

Whatever you do, never use religion to undermine your co-parent or alienate your children from them. You should always show your children that you respect their other parent’s religious beliefs.

For example, it isn’t acceptable to engage in emotional blackmail to pressure a child into religious practices (“I won’t consider you my child anymore if you refuse to go to church with me”). Comments like “Your mom is going to hell because she walked out of our faith” are also extremely hurtful and traumatizing for children.

Make a Parenting Plan

Respecting religious differences in child custody cases makes life much easier for both sides. We encourage you to sit down with your co-parent and negotiate a parenting plan that suits everyone, especially for sensitive times like holidays. A professional mediator can help bridge your differences if you can’t work out a plan on your own.

Karen Ann Ulmer, P.C.: Helping You Navigate Custody and Parenting Plans in PA and NJ

Are you unsure about how your child custody arrangement will impact the religious upbringing of your children? Contact our law firm for reliable counsel on protecting your rights in divorce. We can also help you reduce stress and conflict by collaborative mediation for religious disputes in child custody.  

Call us at (866) 349-4907 or book 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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