Tag Archive for: divorce attorney

Should I Fire My Divorce Lawyer?

Divorces can be very stressful, and parties rely on their attorneys to help them. You may doubt your attorney as the matter progresses, but that does not necessarily mean you made the wrong choice. There are good reasons to fire one lawyer and hire another, but the costs in time and money may be high. 

  1. Lack of Communication and Responsiveness 

Effective communication is the cornerstone of any successful lawyer-client relationship. If it is a problem, discuss this with your lawyer. Communication is a two-way street. Is your attorney making good faith efforts to keep in touch, but you are the one who is not responsive? 

If your current divorce lawyer is consistently slow to respond to your inquiries, fails to keep you updated on the progress of your case, or seems uninterested in addressing your concerns, it is a clear sign that their commitment to your case might be lacking. A new divorce lawyer who values clear and open communication can give you the peace of mind you deserve during this process. 

  1. Inadequate Expertise in Family Law 

Divorce cases may involve many legal issues, from property division and spousal support to child custody and visitation arrangements. If your current lawyer lacks specialized expertise in family law or has no proven track record in handling divorce cases, you might benefit from seeking representation from a lawyer with a stronger background in this area.  

You may have known your attorney is not the most experienced divorce lawyer when you retained them, but you did not think it would be a problem. If it has become an issue, a knowledgeable divorce lawyer like Karen Ann Ulmer can offer insightful guidance and increase your chances of achieving a favorable outcome in less time and, possibly, with less expense. 

  1. Misaligned Strategy and Objectives 

Every divorce case is unique, requiring a personalized strategy to address your specific circumstances and goals. If you feel your lawyer’s approach does not align with what you hope to achieve from the divorce, it might be time to explore other options.  

Your divorce lawyer should be your advocate, diligently safeguarding your interests and pursuing the best possible resolution. If you do not think this is happening, seeking a new lawyer may be a good idea. 

  1. Questionable Professionalism 

Professionalism is a fundamental trait that every lawyer should possess. If your current divorce lawyer consistently displays unprofessional behavior, such as missing deadlines, arriving unprepared to meetings or hearings, or engaging in unethical practices, it is a clear signal that their dedication to your case is compromised.  

No one is perfect and competent attorneys sometimes make mistakes. But it may be time for a change if you fear it has gone beyond that.  

  1. Conflict of Interest 

If you suspect your current lawyer might have a conflict of interest with a past or current client that could compromise their ability to represent you objectively, you should address this concern. Seeking a new divorce lawyer without any potential conflicts may give you peace of mind that your interests are being put first. 

  1. Lack of Empathy and Compassion 

Going through a divorce is emotionally challenging, and having a lawyer who understands and respects your feelings can make a significant difference in your experience. Attorneys should support their clients, but we are not social workers. You do not want an attorney who sugarcoats your situation and only tells you want to hear. 

But if your current lawyer lacks empathy, appears indifferent to your emotional needs, or fails to provide the support you require during this challenging time, it might be worth considering a switch to a lawyer who is more compassionate and attuned to your emotional well-being.  

Family law is a very “hands-on” practice in which you interact daily with stressed clients dealing with personal and important conflicts. Your lawyer might not be cut out for this type of work or may be burning out and not connecting with clients to limit the emotional toll these cases can take. 

  1. Stagnant Progress and Delays 

A divorce case should move forward efficiently and effectively, with all parties working toward a resolution. Our court system is severely backed up, but if your case has been stagnating without any progress or your lawyer seems to be causing unnecessary delays, it can lead to frustration and extended emotional distress.  

Seeking a new divorce lawyer who is proactive and committed to advancing your case may bring closure sooner. But getting a new attorney will cause an initial, additional delay as they “get up to speed” with your case. There may also be scheduling conflicts between your case and the attorney’s current caseload. Will this delay be worth it? 

No matter the problem, you should: 

  • Discuss it with your attorney. You need to get their side of the story because what you think is a problem may be a misunderstanding or miscommunication that can be cleared up. 
  • Discuss it with another attorney. If you are serious about switching attorneys, get a copy of your file and review it with another attorney. They may find genuine areas of concern, or that what you are experiencing is a typical issue that comes with a divorce case. 

Divorce cases are stressful enough. Getting an attorney who is a better fit may lessen that stress, but needlessly switching lawyers will add to your problems. 

If you are dissatisfied with your current attorney, contact Karen Ann Ulmer, P.C., so we can discuss your situation and whether having a new attorney represent you is in your best interests. Call us at (866) 311-4783 or complete our online contact form today.  

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Visitation Can Be Supervised If It is in the Best Interests of the Child

A parent would need to have severe problems for a judge in Pennsylvania to order they should have no contact with their child. A more common situation for parents with a criminal record or severe emotional, psychological, or substance abuse challenges is having supervised visitation (or supervised physical custody) during which the parent and child are never alone. 

What is Supervised Visitation or Custody? 

There are many types of custody in Pennsylvania: 

  • Legal custody: The right to make major decisions on behalf of the child, including medical, religious, and educational issues. The parents can share it, or one will have legal custody.
  • Physical custody: The physical possession and control of a child. This could be by one parent (sole physical custody), or it can be shared between the parents. A parent with primary physical custody will have the child with them most of the time, while the other parent will have partial physical custody. 

Supervised physical custody means that either through a court order or an agreement reached by the parents, an agency or an adult monitors the interaction between the parent and child during visits. If a judge believes the child will not be safe when alone with the parent, they may order supervised physical custody.  

Why Would This Be Ordered? 

Custody decisions should be based on the child’s best interests, not what one or both parents want. In these cases, the court balances the importance of the parent having time with the child with the child’s well-being and best interests. 

Pennsylvania law presumes it is in the child’s best interests to have a relationship with both parents. But that has its limits. If the parent’s problems are such that they would harm the child or the parent is indifferent to them, a judge could order that the parent have no custodial rights. Common reasons include: 

  • Domestic violence  
  • Child neglect  
  • Substance abuse  
  • Unmanaged or poorly managed mental illness 
  • Criminal acts  

If the parent’s situation is not as severe and he or she wants to be part of the child’s life, a judge may order supervised parenting time rather than revoking a parent’s custody rights.  

How Would Supervised Physical Custody Work?  

A court order may specify that a particular person be present during this supervised time, such as an extended family member or friend trusted by both parents. If there is no such person, or a judge is uncomfortable with that arrangement, they may decide that a qualified professional supervisor must be present. The setting will be safe for the child, whether at the parent’s home or at a location where there is room for these types of visits. 

If you are the parent wanting to limit your child’s time with the other parent, ending custody rights is a drastic step few judges want to take. Unless the other parent is legitimately a danger to your child, you should be open to supervised physical custody. 

If you are a parent facing challenges in your life, you can still seek custody. If you struggle with being with your child alone, accepting supervised visits may be a good choice. In the meantime, you should actively address your problems and take steps to show you will be a responsible parent. 

A custody order can be amended if one parent shows that circumstances have changed. If the supervised parent: 

  • Does not show up, is intoxicated, is still struggling with psychological problems, or says or does inappropriate things during visits, a judge may end their custody rights. 
  • Is under control, appropriately dressed, actively engaged with the child, and appears to be heading in the right direction, a judge may allow future unsupervised visits. 

Supervised physical custody can be a turning point in the child’s relationship with the parent. Which direction it goes depends on how the supervised parent responds. 

Child Custody Lawyers You Can Trust  

Karen Ann Ulmer, P.C. lawyers are skilled in developing compelling legal arguments and evidence that judges need to make wise child custody decisions. If you have questions about supervised visitation or need legal representation, call us at (215) 752-6200 today. 

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​​I’ve Been Served with Divorce Papers in Bucks County. What Should I Do Next?

Some people are honestly surprised when they receive a divorce complaint. Ideally, this is not you because everyone should be prepared for a significant change in their life, no matter what it might be. This is an important step, but far from the final one, in your divorce journey. 

After you have gathered yourself, call us at (215) 752-6200. We have helped thousands of people just like you get through this process as quickly and as painlessly as possible, given their situations. Our Karen Ann Ulmer, P.C., attorneys know the law, court procedures, and what you are going through.  

Take Precautions If You Fear for Your Safety 

Pre-divorce relationships run the spectrum. A couple could still deeply, genuinely care about each other but understand their marriage is no longer right for them. A couple might also be unable to stand the sight of each other, and one person, if not both, may engage in physical and emotional abuse. Your marriage may be somewhere in between. 

If you are the victim of domestic violence, you need to protect yourself and your children (if you have them). You should plan on contingencies if this turning point becomes an excuse for violence by your spouse.  

It may be a good sign if your abusive spouse starts the divorce process. Some do not want their marriage ever to end because they want someone to control and torment the rest of their lives. If they want a divorce, this dire situation will end. 

Protect Your Financial Resources 

Part of divorce is the equitable division of marital property. Your debts and assets will be split as a result of an agreement or a trial. The outcome should be fair to you. But that might not be the case if a trial does not go your way, which is one reason most divorce cases resolve through a negotiated settlement. 

You are financially vulnerable if you have bank or investment accounts in both names because your spouse may empty them. Depending on the account, you should withdraw half of the money and set up new ones for yourself.  

Non-marital or personal assets are not subject to division. If you have financial resources that your spouse had nothing to do with (you had them before your marriage or inherited them) but you are both listed as the account holders, withdraw the money and put them in new accounts. If the same is true for your spouse (there are joint accounts with assets that belong to them), you should take the high road and leave them alone. 

You do not know what the final division of the marital property will be. At least some money you are moving around may end up with your spouse, so now is not the time for a spending spree. Just the opposite – you should save up for expenses that come with divorce (some you can plan for, others may be unexpected). 

The Beginning of the End and a Start of Something New 

The divorce filing will not surprise most couples because their relationship has broken down, and they can discuss their marriage’s end. If you are surprised, communications with your spouse have probably gone off the rails. You should try to reach out to them and calmly talk about what they want. 

A divorce will end your marriage, but it will start a new and probably better part of your life. Divorce can be a problem when stressful and challenging, but it will not be if the spouses act and make decisions like mature adults. A divorce is also an opportunity to do something new and better with your life. 

Experienced Divorce Attorneys Who Want to Help 

Work with an experienced Karen Ann Ulmer, P.C., family law attorney. Our attorneys have an in-depth understanding of New Jersey and Pennsylvania law and how the courts work. We can help make the process go as smoothly as possible. Call us at (215) 752-6200 or book a consultation online now. 

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Your Divorce Team

A divorce can be an emotionally difficult time. A supportive network of people can make it easier to manage and help you start your new life. Every team needs a qualified attorney and others who will provide you with emotional support and practical help. Here in Bucks County it can be helpful to have the following individuals on your team:  

Who Makes the Team? 

1. Your Attorney 

Your lawyer is the captain of your team, the trainer in your corner. There is no more critical teammate than the one guiding you through the legal process. It is our job to ensure your legal rights are protected and put you in the best possible position to start your new life. 

Without an attorney, or by retaining one who is learning while they work on your divorce, you could create massive problems for yourself and your kids now and in the future. This process is too complicated, and there is too much at stake to have no attorney, or the wrong one, on your team. 

2. Therapist or Counselor 

A divorce could be one of the most stressful events in your life. However, with the right team on your side, it need not be. A mental health professional can provide you with a confidential and safe space to talk about your feelings and work through your challenges. They can also offer strategies for managing stress and coping with difficult emotions.  

3. A Support Group 

Joining a support group of people who are also going through a divorce can help you connect to others who understand what you are going through. It may be a huge relief to know you are not the only one thinking your thoughts or feeling your emotions. They can support you emotionally and provide you with practical advice on how to handle current and future issues.  

4. A Divorce Coach 

Divorce coaching is part of the larger profession of life coaching. A divorce coach focuses on separation, divorce, and life after divorce. A good divorce coach can help you make sound decisions before, during, and after your divorce, set and achieve goals, and cope with this significant change in your life. 

5. Family and Friends 

Some friends and family members will be better at helping you than others. The better you know and trust the person, the more likely they will be helpful to you. Not everyone will be good in this role, so choose wisely.  

They should be someone you can turn to for emotional support and who will listen to you. Choose someone supportive and nonjudgmental and with whom you feel comfortable talking about your feelings and experiences. Someone who has also gone through a divorce may be particularly helpful.

If you have young children, someone who can help with childcare could greatly help. Having an attorney, divorce coach, support group, or therapist is great, but if you cannot meet with them because you do not have someone to look after your kids, they will not do you much good. 

The attorneys and staff at Karen Ann Ulmer, P.C., understand how difficult a divorce can be. We are privileged to have our clients rely on and depend on us during this critical time. They trust us with this life-changing event, and we work to earn that trust every day. 

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Why You Need an Attorney for Your Divorce

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There are many moving pieces to divorce in Bucks and Montgomery Counties here in PA, and if they’re not addressed correctly and coherently you can end up caught in a legal, financial, and emotional mess. The more complex your finances and wealth, and if you have children, the more you need a lawyer to represent your interests in a divorce. It’s a legal proceeding that will affect you and your children for the rest of your lives. 

Not every legal matter requires legal representation, but you should at least consult with an attorney before you move forward. If you and your spouse have low incomes and have little or no property, Legal Aid of Southeastern Pennsylvania may help you through the process. Another option, if the two of you are on good terms, may be a collaborative divorce in which you work with (and need only pay) one attorney to finalize the divorce. 

You Don’t Want to Learn About Divorce While Working on Your Own Case 

If this doesn’t describe you and your family, an attorney should represent you in a divorce. We will protect your rights, ensure you take full advantage of them, and get the best outcome possible. Given your financial well-being, your relationship with your children, and your future are at stake, paying for an attorney is a worthwhile investment. 

Chances are excellent that unless you are a divorce attorney, you lack the knowledge, experience, and skills to make the best of your divorce and put yourself in a good position to start your new life.  

You hire specialists for other areas of your life without much thought. You probably don’t fix your car or make major repairs on your home. You may pay someone else to prepare your taxes. You’re smart enough to understand that there are complex things you don’t understand well enough to handle yourself, so it’s better to hire someone to tackle them for you. 

Where Lack of Legal Representation Can Cause You Severe Problems 

Here are some of the issues that could cause serious harm if you represent yourself and make mistakes: 

  • Dividing assets and debts: A critical part of the divorce process is identifying which assets and debts are marital and subject to division, then dividing them equitably. You may have property you owned before your marriage or inherited during it that shouldn’t be shared with your spouse. Your spouse may also be responsible for debts you are not obligated to help repay. Going it alone could result in handing over your assets and putting yourself on the hook for debts that aren’t yours. 
  • Spousal support and alimony: You or your spouse may or may not be entitled to alimony or spousal support. If you are entitled to it but don’t assert your rights, you could miss a substantial amount of money. If your spouse wants support without a legal right to it or seeks more than they legally deserve, you may unnecessarily transfer a big chunk of your income to your ex in the future. 
  • Child custody and support: Your spouse may not be fit to make crucial decisions for your child, but without legal representation, they may be awarded custody. Your spouse may also demand more child support than what’s justified under the law. 

This situation worsens if your spouse has an attorney, but you don’t. This is not an even playing field because you are at a severe disadvantage. If you can’t agree to a settlement, will you represent yourself at a trial? 

Speak to a Divorce Attorney You Can Trust 

If you have any questions about divorce or think it may be in your future, don’t make any decisions until you talk to us. Contact Karen A. Ulmer, P.C., to schedule a consultation so we can discuss your situation, how the law may apply, and how we can help. 

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