Tag Archive for: divorce

Can You Terminate Alimony?

Being under legal obligation to pay alimony or spousal support can present financial challenges, especially when your circumstances change. You may wonder: Can you terminate alimony?

You may be able to seek an alimony modification or termination if you have a valid reason for doing so. Consult an experienced divorce attorney for assistance navigating this process. 

Is Alimony Permanent? 

Many alimony arrangements are temporary, not permanent. Often, the court awards alimony temporarily to give the receiving spouse time to resolve their financial hardship after the divorce. Consult your divorce attorney to understand the intended length of your alimony payments. 

If your alimony is considered long-term or permanent and you can no longer reasonably afford these payments, you may be able to petition the court for a modification based on significant changes in your financial circumstances. Your attorney will help you understand spousal support termination laws and your potential eligibility to modify this agreement. 

Common Grounds for Seeking Alimony Modification or Termination

The court may consider granting an alimony modification or termination for a few reasons. 

  • Your ex-spouse has started making more money: If your ex-spouse has resolved their financial hardship and your alimony payments are no longer necessary to support them financially, the court may agree to terminate alimony. 
  • You have lost your job and cannot find a comparable salary: The court generally bases alimony payments on both spouses’ income at the time of the divorce. If you lose your job and cannot find a position with a comparable salary, the judge may be willing to terminate future alimony payments. However, if you still earn more than your spouse, they may be more likely to modify the payments to reflect your current financial situation. 
  • Your financial circumstances have changed significantly: If you have recently experienced significant financial changes due to factors outside your control, the court may agree to terminate or modify the alimony order. 
  • Your spouse is remarried: In many cases, the court agrees to terminate alimony when the receiving spouse remarries. Remarriage could indicate that the spouse is no longer in financial hardship. 

What Factors Does the Court Consider in an Alimony Modification?

Modifying or terminating alimony requires you and your attorney to submit a court petition requesting a change to the existing alimony order, along with evidence of changes in your circumstances. These are a few factors the court considers when reviewing the petition: 

  • Why your income changed: Did you choose to leave your job, or were you fired? 
  • Whether you tried to find a new job with a comparable salary: If you have not put reasonable effort into finding a new job with comparable pay, the judge may claim you are “underemployed,” meaning you are making less money than your financial potential. 
  • The recipient’s financial situation: If the recipient’s financial situation has not changed, the court may hesitate to decrease their alimony payments and potentially place a financial burden on them. 

Can you terminate alimony? Karen Ann Ulmer, P.C., can review your alimony agreement and help you understand whether a modification or termination may be appropriate. Request a confidential consultation today by calling (866) 349-4117.

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Should You Move Out of the Marital Home During a Divorce?

If you and your spouse have begun the divorce process, you may be considering moving out of the marital home. This would give you space from each other and allow you to start building your new life.

But before moving out during divorce, consult an attorney about whether this makes sense for your case. These are a few potential repercussions to be aware of. 

Moving Out Can Have Child Custody Implications

You may feel that moving out of the family home is a considerate step, giving you and your spouse space from each other. But in some cases, the court may view this as evidence that you are not involved in daily parenting responsibilities. It may even flag you for “spousal abandonment,” which means you left the marital home without your spouse’s consent. 

You do not want the court to view you as the “non-custodial parent” from the beginning. Staying in the family home demonstrates that you contribute to your children’s upbringing, making it more likely that the court would award custody to you or shared custody to both parents. In contrast, the court may view you moving out as abandoning your parental obligations. 

Paying Double Bills Can Impact Your Financial Position

As long as you are still on the lease or mortgage for your shared home, you are likely financially responsible for half of the monthly housing costs. Moving into a new apartment or home will require you to pay double housing costs during the divorce process. This can harm your financial position. 

Your finances affect several aspects of the divorce process. The judge will scrutinize your transactions when considering child custody, spousal support obligations, division of assets, and more. Generally, you should avoid any behaviors that hurt your finances during this process. 

Moving Out Might Make It More Challenging To Keep the Home

If you voluntarily move out of the marital home during the divorce process, you risk being unable to keep the home after the divorce. 

The court may grant exclusive occupancy rights to your spouse, especially if they have primary custody of shared children. If you have already moved out voluntarily, the court may assume that you are in favor of these occupancy rights. 

Carefully consider housing and custody before making any decisions early in the divorce process. While you may initially feel okay about your spouse keeping the family home, you may change your mind later. Moving out could influence how the court approaches decisions about property ownership or use during the divorce. 

Consult Karen Ann Ulmer, P.C., Before Moving Out

Before moving out during divorce, consult an experienced attorney and create a detailed plan for custody and housing costs. In some instances, moving out is the right choice, such as if you feel unsafe in the home. However, it’s important to understand the potential repercussions and seek an attorney’s advice before doing so. 

At Karen Ann Ulmer, P.C., we advise clients on how to protect their marital property rights. Schedule a confidential consultation with our divorce attorneys by calling (866) 349-4117.

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Approaching Big Financial Decisions During Divorce

If you and your spouse have decided to divorce, you might feel eager to begin moving forward and start your new life. However, caution is recommended when making big decisions, especially those involving finances. Here are a few reasons to consider postponing major financial changes until after the divorce is finalized. 

Making Big Purchases Might Impact Your Eligibility for Refinancing the Mortgage

The property division process often requires couples to purchase new vehicles to replace the ones they previously shared. However, before you buy a new car, consider whether you will need to refinance your mortgage after the divorce.

For example, perhaps you and your spouse are both on the mortgage now, but you plan to keep the family home. You might refinance the mortgage to seek a better rate and account for your new sole ownership. Purchasing a vehicle immediately before applying for a mortgage can significantly impact your eligibility and rates. 

Your lender determines your loan eligibility based on your current assets and income. If either of these changes, they may need to reconsider the loan, adding time to the refinancing process and potentially leaving you with worse interest rates. 

Selling Assets Could Lead to Disputes During Property Division 

Pennsylvania follows an equitable distribution policy for divorce, which means the court seeks to divide assets fairly between spouses. Selling assets or making major investments immediately before the divorce could lead to disputes during the property division process.

A judge may assume you were trying to devalue the estate or hide assets. It may be better to delay big financial decisions until after the divorce, when the property division is finalized. 

The Court Could Impute Income for Alimony or Child Support

When a spouse is “underemployed” in a divorce, meaning they work below their skill level and potential earnings, the court may impute income. This means the court would base spousal support and child support on their earning potential rather than actual earnings. 

If you are currently underemployed, consider exploring other employment opportunities to increase your income. Otherwise, the court may base support obligations on imputed income, which could lead to higher payments than you can reasonably afford. 

Your Financial Habits Could Affect Child Custody Choices

Showing that you are financially responsible is important when navigating the child custody process. Remember, your financial decisions leading up to the divorce can affect your reputation in the eyes of the court. 

The judge may scrutinize your transactions to look for signs that you are financially unstable or irresponsible. Even if you can justify the major purchases you made, a judge may not view them the same way you do. 

Consult With Karen Ann Ulmer, P.C., Before You Make Big Divorce Decisions 

Seeking counsel from an experienced divorce attorney can help you determine which financial decisions and transactions might impact your divorce process. Karen Ann Ulmer, P.C., advises clients throughout the asset protection process, divorce mediation, and child custody negotiations. Schedule a confidential phone consultation with our divorce attorneys by calling (866) 349-4117. 

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Divorcing With Young Children: What To Consider

Divorce can be especially complex when young children are involved. This process often significantly impacts child development. Navigating it successfully is important to your child’s well-being. 

As you approach a divorce with young children, keeping a few considerations in mind can help you traverse this process more smoothly. You won’t be able to predict everything your child will need, but you can better anticipate the major concerns that may arise after the divorce. 

Where Will They Attend School?

Divorce is a major change for children, and keeping as much of their lives the same as possible can help them better adapt to this new norm. Consider whether your child will be able to attend the same school, or whether child custody arrangements will move them into a different district during school days.

Then think about logistical details, such as:

  • Transportation to and from school
  • After-school care
  • Attendance at parent-teacher conferences

How Will You Approach Extracurricular Activities?

Navigating extracurricular activities can be challenging when parenting time is shared and those activities overlap with both parents’ time with the child. Will you both be involved in these activities? Will one parent be responsible for taking them to all practices and games? How will you approach extracurricular activities that fall into the other parent’s parenting time? 

How Will You Approach Future Educational Expenses? 

Child support calculations are generally determined by state law, but it may be helpful to think long-term about future financial responsibilities, such as college. Will both parents contribute to the child’s college fund? Will neither? Have these discussions now to avoid disputes years down the line. 

What Parenting Time Schedule Makes Sense? 

The main goal of developing a parenting plan should be prioritizing the child’s best interests. With this in mind, what parenting schedule makes sense for your child? Some families split time between weekdays and weekends. Others divide time between the school year and summer. 

How Will You Successfully Co-Parent? 

Implementing effective co-parenting strategies can help you promote your child’s well-being. Think about strategies you can use to create consistency for your child, such as:

  • Letting the child stay in one home while both parents take turns living in the home
  • Keeping holiday plans consistent from year to year
  • Giving the child plenty of advance notice about changes to the typical parenting schedule

How Might Your Parenting Plan Change As Your Child Ages? 

Going through a divorce with young children requires you to think long-term about what aspects of your parenting plan might change over time. As your child ages, their needs and routines will change. They will gain independence and spend less time with their parents in general. They may also have stronger opinions about which parent they want to live with and how they spend their time. 

Consider how you will adapt to changes and the level of flexibility you want to maintain in your parenting plan. 

Karen Ann Ulmer, P.C.: Protecting Your Parental Rights 

Divorcing with young children can present complex challenges, but at Karen Ann Ulmer, P.C., we provide guidance to parents navigating this process. Contact us at (866) 349-4117 for a confidential consultation. 

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Post-Divorce Budget

Transitioning from a dual-income household to a single-income household after a divorce calls for accurate and detailed expense tracking. Figuring out your post-divorce budget is critical for living within your means and avoiding financial hardships. 

Our team will work with you on your post-divorce budget. This budget will serve as a guidepost for when we negotiate alimony, child support, and the division of assets and debts.  

How do you budget for your post-divorce life on a single income? Take these steps so you do not struggle financially.   

Gather Accurate Information Regarding Monthly Income and Expenses

As we prepare a strategy to negotiate, we will ask for ALL of the details of your anticipated post-divorce budget, including a detailed breakdown of your monthly income and expenses. We will use pay stubs, investment income, and any other incoming cash you receive. If you do not regularly track your expenses, then we will ask you to track receipts and go through credit card statements. Typical expenses can include:  

  • Rent or mortgage payments
  • Utility costs
  • Groceries
  • Transportation
  • Existing loan payments
  • Personal care
  • Entertainment

Sometimes we talk about adjusting lifestyle expenses so you live within your means, possibly just in the short term, so you can reach your post-divorce financial goals. 

Consider Your Children’s Expenses

When you share children with your ex, the cost of caring for them becomes vital for determining alimony and budgeting properly. You and your spouse will both share financial responsibility for your children based on the number of overnights the children stay with each of you. Think about how much you spend on your children each month. These costs may include:

  • Daycare programs
  • School lunch plans
  • Extracurricular activities and hobbies
  • Tutoring programs
  • Medical care 

Your lawyer can negotiate a settlement based on your custody agreement so your children are cared for in a way that is financially reasonable for both parents. 

Plan for Educational Costs

No matter how old they are at the time of your divorce, it’s important to include college tuition agreements for your kids in your settlement. Figuring out a plan for your child’s education in advance can save you and your co-parent financial headaches down the road and ultimately set your child up for a successful future. 

It’s not just children’s educational costs that come into play. Do you anticipate taking some courses or earning a degree so you can bring new skills into the workforce? Research the cost of advancing your education and account for this in your post-divorce budget. 

Set Aside Emergency Funds

An important part of financial planning after divorce is preparing for the unexpected. What would you do if your car suddenly broke down and you had to pay thousands for a new one? Would an urgent medical crisis put you into debt?

Establish an emergency savings account and commit to putting a little bit in it each month. This account will build over time, so you eventually accrue enough to cover six months of your living expenses. Having this safety net will give you peace of mind should you lose your job or face some other financial hardship.

Team Up With a Trusted Divorce Attorney

Creating a post-divorce budget will help you move on from your marriage and be financially independent. Approach this process with the help of Karen Ann Ulmer, P.C. Contact our family law firm at (866) 261-9529 or submit our online form to schedule a consultation.

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Divorce and Your Credit Score

Simply ending your Bucks County marriage cannot cause your credit score to drop. The actions you and your spouse take before, during, and after your divorce can cause credit problems in the short term and long into the future. You can mitigate credit damage by reassessing your financial obligations during proceedings, ensuring bills are paid, and separating your financials as soon as possible.  

Below, we discuss the connection between divorce and your credit score, as well as tips to limit the fallout.  

Be Strategic About Paying Bills

Your credit score after divorce can remain the same as during your marriage as long as you pay your bills on time. Financial separation is crucial during this period, so you (and you alone) are responsible for your bills.  

Think about the bills in your name and who pays for them. For example, paying off your credit card each month will remain your responsibility if the account belongs to you alone. Joint assets can create problems for divorcing spouses, especially if they default on a loan.

Say you and your spouse share a home, and both of your names appear on the deed and mortgage. If you move out and don’t pay your share of the mortgage, your credit can suffer because your name is still attached to the loan. 

The connection between divorce and lower credit scores often has to do with not paying bills. Whether this is due to stress or lifestyle changes, your credit score might take a hit. 

Don’t Take On New Debt

Lawyers often guide couples through the complex process of divorce and debt division. Legal professionals strongly advise against taking on new debt, especially if the asset doesn’t belong to you. This includes:

  • Mortgages
  • Car payments
  • Student loans
  • Credit card debt

You could be on the hook for payments that you agreed to during your marriage, especially if you signed as a primary or co-signer for your spouse. For example, if a husband has student loan debt and the wife was a co-signer on that loan, she could become liable for future payments despite a divorce. If she stops paying amid a separation and the husband is not able to pay, then the wife’s credit score could be impacted.

Avoid Joint Account Liability

Perhaps the biggest credit impact of divorce boils down to keeping joint accounts when you’re no longer legally married. Start over by closing these accounts and only using bank or credit card accounts solely in your name. I recommend this step because it helps alleviate certain financial obligations tied to your ex once you officially end the marriage. 

Changing your existing account numbers in case your former spouse still has access to them is a good idea. For example, your computer may save one of your credit cards and allow your ex to make purchases on your dime. Changing your account information prevents this, helping you achieve an independent financial future. 

Prepare for Your Future With a Professional Divorce Attorney

Mitigate the impact of divorce and your credit score with the help of Karen Ann Ulmer, P.C. Our knowledgeable family lawyers can guide you through proceedings and assist with child custody agreements, alimony, and more. 

Call (866) 261-9529 or submit our online booking form to request a consultation – we’re standing by and ready to help.

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What You Need To Know About Lengthy Court Battles in Divorce

If you and your soon-to-be-ex-spouse cannot reach agreements about issues like asset division, child custody, or spousal support on your own, you may need to go to trial. A judge will decide these issues for you based on Pennsylvania’s laws, attempting to reach a fair decision. We understand if you fear the lengthy court battles and stressful debates that can be part of this process. 

Here is what you need to know about going to court in a divorce. 

How Long Is the Divorce Court Process? 

If you and your spouse must use litigation to decide on divorce issues, you can generally expect the process to take about a year. It may be faster or slower, depending on court delays and how long you spend negotiating. 

The process generally follows these steps: 

  1. Evidence discovery, where you and your spouse both disclose finances and other relevant information
  2. Trial preparation and pre-trial conferences
  3. Motion hearings if either party seeks a specific court order or action 
  4. Trial, where both parties present evidence and witnesses to support their requests for custody or other issues
  5. Final judgment and divorce decree from the judge

Downsides of Going to Court

For some divorcing couples, going to trial is inevitable. They have tried to settle relevant matters on their own but cannot reach an agreement. Still, it’s worth exploring the potential downsides of going to trial as you and your soon-to-be-ex-spouse attempt to reach a resolution. 

Legal fees, court costs, and other expenses often make going to trial expensive. This process also takes more time than reaching a divorce agreement on your own. 

During negotiations with your spouse, they can claim rights to any new money you earn. These claims can cost you more time and money, even if they are unfounded. Your finances may not truly be separate from theirs until the divorce is finalized. 

Above all, going to trial means you permit a judge to make all decisions about the divorce for you, and you and your spouse must abide by them. While you can attempt to prove your side with evidence and an attorney’s assistance, you won’t have any say in the judge’s final decision, and it may not adequately reflect your wishes or situation. 

Mediation May Help You Avoid Court 

Divorce attorneys typically advise couples to try mediation before enduring lengthy court battles. This process involves meeting with a trained mediator who can help you resolve your dispute. You and your spouse will each have an opportunity to present your case and negotiate a mutually beneficial solution. 

Finding out the downsides of going to court may prompt you and your spouse to be willing to compromise on issues to avoid this process. Mediation is worth a try, as it could save you a significant amount of time and money. 

Let Karen Ann Ulmer, P.C., Guide Your Divorce Process

Whether you want to try mediation or need an experienced attorney to help you through a lengthy court battle, Karen Ann Ulmer, P.C., is here for you. Call (866) 349-4149 to schedule a general consultation. 

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Adapting the Parenting Plan As Children Age

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When you and your spouse divorced, you created a parenting plan that met your children’s needs at the time. But schedules and priorities never stay the same. Adapting the parenting plan as children age can ensure that it meets their needs now and fits with your family’s Bucks County lifestyle. 

Understand That Children’s Schedules and Needs Change

Perhaps you divorced when your children were young, and now they are entering middle school or high school. What made sense for your family at the time of your split may no longer fit these evolving needs. 

Maybe one child is into sports, while another is involved in several clubs or extracurriculars. Perhaps one child attends a different school now or seriously practices an instrument. Equally dividing their time between both parents may not be realistic with these new schedules. Remember that the goal of a co-parenting agreement is doing what is best for the child, not for the parents. 

Sit Down and Talk With Your Children 

Now that your children are older, they should have more of a say in their visitation schedule. Sit down together with your ex-spouse and children and have an open discussion about what the custody arrangement should look like now. 

Ask each child individually whether they have any preferences about the schedule, and take their opinions seriously. They don’t need to have the final say, but the custody arrangement should reflect their wishes as much as possible. They may have more insight into what schedule makes sense than you and their other parent do. 

Be Realistic About Their Best Interests 

It may be challenging to realize that your children should spend more time with your spouse than with you. Try to be realistic when adapting the parenting plan as they age. Even if they previously went back and forth every week, this may no longer make sense for their schedules and needs. 

Not seeing them as often doesn’t mean you are any less of a parent or an influence in their lives. Remember that children naturally need their parents less the older they get. Physical custody doesn’t need to significantly impact their relationship with you. 

Be Flexible and Prioritize Good Communication 

Keep in mind that whatever you decide about the parenting plan now may only last for a year or two before you need to change it again. Be open to adapting it as needed and communicate with your ex-spouse regularly about what makes sense for your shared children moving forward.

Acting with hostility toward your ex-spouse will only drive a wedge between you and your children. Instead, maintain a mature mindset and show that you value their opinions.

Give Karen Ann Ulmer, P.C., a Call If You Need Assistance

If you need help adjusting your parenting plan as children age, changing your child support agreement, or updating any other aspects of your legal custody arrangement, our attorneys can advise you. Contact Karen Ann Ulmer, P.C., today at (866) 349-4149 to book a consultation.

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Divorce and Paying for College

In October 2024, a class action lawsuit was filed against 40 private American universities — including Harvard, Northwestern, and Yale — alleging that they conspired to charge students more tuition than they should have. The lawsuit claimed these institutions did this by asking for and considering the assets of non-custodial parents when calculating financial aid and scholarships for children of divorce, putting them at a decided disadvantage.

This legal claim highlighted the ongoing confusion surrounding divorce and paying for college. If you and your spouse are preparing to split, make sure you understand the legal obligations of divorced parents when covering tuition down the line.

Discover what you need to know below.

The Importance of Coming Up With Tuition Agreements in Divorce Settlements

Paying for college is often the last thing on parents’ minds when divorcing. In some instances, it is such an afterthought that they don’t bother including it in their divorce settlements at all.

However, parents should avoid making this mistake at all costs. While divorcing, they must negotiate child custody agreements, and college expenses should be discussed. They should talk about:

  • Which parents will pay tuition
  • Which types of schools they will encourage their kids to attend
  • How far away they would like these schools to be
  • How they will handle extra fees and expenses

They should also consider setting up 529 college savings plans and negotiating potential child support extensions for higher education.

Key Factors To Consider When Deciding Who Pays for Higher Education After a Divorce

As parents working through divorces make critical decisions about paying for college for their children, they should consider several key factors. These are the factors they must keep in mind:

  • Their respective financial situations
  • Children’s academic performances
  • Possible financial aid opportunities

Generally speaking, parents should also be prepared to prioritize their kids’ needs and aspirations.

Why Divorced Parents Must Continue Working Together and Discussing Tuition

No matter how hard parents work to agree on who will pay for college, so much might change between the finalization of their divorce and their children’s first day away at school. For this reason, they must commit to continuing to work together in the coming years to collectively create plans for paying for college.

They should discuss filling out the Free Application for Federal Student Aid (FAFSA), which nearly 60% of prospective college students complete as they prepare to graduate from high school. They should also explore the possibility of applying for financial aid for specific schools their kids would like to attend.

This will keep them on the same page, taking advantage of available financial assistance as they seek to support their children in their quest for higher education.

Call Us for More Information on Paying for College for Kids Following a Divorce

Paying for college is more expensive than ever. This is reason enough for parents preparing to divorce to hold extensive discussions about who will be financially responsible for covering their children’s higher education costs.

The trusted attorneys at Karen Ann Ulmer, P.C., will assist you in every aspect of your divorce. Contact us at (866) 309-3307 today to schedule a confidential consultation.

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How To Get Copies of Your Divorce Records

If you recently went through the divorce process in Bucks County, PA, you should have received a certified copy of your divorce decree signed by a judge shortly after it was finalized. However, you may need to secure additional copies of your decree, either now or sometime in the future.

Learn how to get copies of your divorce records in the Keystone State. Find out how to procure them below.

Why You May Need Copies of Your Divorce Records

Before we discuss how to obtain copies of your divorce documents, let’s briefly touch on why you might need to locate them in the first place.

These documents serve as legal proof of divorce. You may need to have certified copies on hand in many instances throughout your life.

It’s necessary to have them in your possession in any of the following situations:

  • You plan to remarry and have to apply for a new marriage license
  • You apply for government benefits, such as Social Security
  • You seek to remove a former spouse from a property deed
  • Your former spouse isn’t complying with the agreed-upon terms of your decree

How To Secure Copies of Your Divorce Records

When determining how to get copies of your divorce records, you will be happy to hear that you may do it in several ways. Here are your options.

Searching for Them Online

If you want to look up your Bucks County divorce records online, it should be simple enough to find them. Take these steps:

  1. Visit http://pennsylvaniacourtrecords.us/bucks/
  2. Utilize the site’s Case Search tool
  3. Look for your records case or party

While this is an effective option for those who wish to peruse through the terms listed in a divorce decree, it isn’t the right choice for those searching for certified copies of divorce records.

Picking Them Up in Person

You can pick up certified copies of your divorce records in person. The Bucks County Court of Common Pleas Family Division retains these records.

You may ask for county clerk and court records by visiting the Office of the Bucks County Prothonotary at the Bucks County Justice Center at 100 North Main Street #2 in Doylestown, PA 18901. This is a reliable way to minimize fees and processing time for records.

Requesting Them by Mail

Additionally, you may request copies of your divorce records by mail through the Office of the Bucks County Prothonotary.

Send a self-addressed stamped envelope to this office along with a check made out to the Prothonotary for $5.75 per decree.

Contact Us To Discover More About Tracking Down Copies of Your Divorce Records

Are you still unsure of how to get copies of your divorce records in Bucks County? Karen Ann Ulmer, P.C.’s divorce attorneys are here to help and can explain your options further. We can also explain the differences between a divorce decree and divorce certificate, as well as between certified and informational copies of divorce decrees.

Call us at (866) 309-3307 today for assistance in Pennsylvania or nearby New Jersey.

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