Tag Archive for: divorce

One Year Separation for Divorce

On September 27, 2016, the House and Senate finally signed off on House Bill 380 which reduces the separation requirement for divorce in Pennsylvania from two years to one year. This version of the bill had been in the works for nearly two years with its initial introduction to the House occurring in early 2015. The House passed the bill by November 2015. The Senate finally passed the bill on September 26, 2016 after having received it for consideration last November. The bill is presently waiting for signature by Governor Tom Wolf. Once signed, the new law be effective in 60 days. Some parties contemplating divorce may want to consider waiting until the new law is effective prior to filing for divorce to be able to finalize their divorces quicker in the absence of mutual consent.

Pennsylvania will join neighboring jurisdictions who already have shorter waiting periods for divorce. New York, Ohio, and Maryland require only one year of separation. New Jersey and Delaware only require six (6) months of separation. The Pennsylvania Bar Association (PBA) played a significant role in pushing for the passage of the bill. According to the PBA, there has actually been a decrease in divorce since many neighboring states have allowed divorce after only a minimum period of separation. Additionally, a shorter separation period will allow the parties to move on with their lives quicker with less emotional and financial strain as well as promote the best interests of minor children in decreasing the period of uncertainty.

Click here to read more about divorce.

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Back to School – Who Pays for What?

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This is an expensive time of year for parents with school-aged children. Back-to-school shopping bills can run high from clothes to backpacks, pencils, and notebooks. When you are divorced and have children who pays these expenses should have been negotiated during your divorce. Your child support payment may have been calculated with these expenses in mind or your agreements should have clearly stated who is going to pay for which items. Sometimes parents simply agree to share all reasonable expenses with one doing the shopping and keeping track of receipts.

Here is a little more information on child support payments here in Bucks and Montgomery County, PA.

Child support in Pennsylvania is based on guidelines established by the state Supreme Court. They are intended to make sure that similarly situated parties are treated similarly. The amount of support is meant to provide for expenditures for food, housing, transportation and other necessary miscellaneous items on behalf of the children.

The guideline amount will be based on the combined net monthly income of both parties. There are circumstances which may warrant a change in the amount including having a special needs child. Raising a special needs child may result in additional education costs due to specialized education. The Rules of Civil Procedure covering child support matters allow for deviations from the guideline amount so you could have a support order requiring these costs be covered by the parties depending on their income, the cost to raise a child, tuition, and extra-curricular activities of the child.

In most cases both parties come to an agreement on which parent pays how much for child support. Educational expenses need to be considered when drawing up these agreements though as circumstances change changes in the agreement are often negotiated.

The person who doesn’t play a role in deciding who pays for what is your child. Like every other issue that may divide former spouses, using children as pawns in a power game will not help you. It will harm your child, your relationship with your child and a judge in a future matter may take your manipulation into account when making a decision.

If you have questions about child support or feel you may need legal representation in a child support matter contact our office so we can talk about your situation, how the law may apply and what can be done to protect your interests and those of your child.

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Divorced With Children: Issues You Need to Consider

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If you are seeking a divorce and you and your current spouse are parents you need to lay the foundation for a happy and healthy future for yourself and your children. When divorcing there are both emotional and financial issues to consider. Issues surrounding children can be extremely contentious during a divorce, but a skilled attorney can help bring together to start working on issues together for the sake of the children.

If you and the other parent can not agree, a family law judge will make final decisions for you. However, they work from the relevant facts of your case, applicable laws and what they feel is in the best interest of the children. It is best to keep your case out of court and work together for the sake of your children.

When children are involved in a divorce, there are two major areas to be understood and considered:

  1. Custody / Visitation

There is legal custody (which covers who can make important legal, health and educational decisions concerning a child) and physical custody (which concerns with whom the child will live, when and for how long). Normally legal custody is shared by the parents .

During our discussions on physical custody, we will discuss where the child is going to spend his/her time during regular times of the year, vacations and holidays. Physical custody can be join which both parents have equal time or one parent may have primary custody with the other parent having partial custody. In some instances there may be no overnights or supervised custody.

2. Child Support

Parents have a legal obligation to financially support their children but must file to receive it. How that is calculated is based on state guidelines. Generally the parent who does not have primary physical custody provides child support payments to the other parent and/or agrees to pay certain bills or expenses concerning the child.

It is important to create an environment dedicated to supporting your children so they remain stable long after the divorce is over.

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How Do I Enforce a Custody Agreement in a Divorce Settlement?

When we work with you on your divorce, your divorce settlement agreement will contain all the important issues facing you and your spouse including who has what type of custody. If your relationship breaks down and one party refuses to recognize the other parent’s custody rights, the aggrieved parent can try to have the agreement enforced in court.

A properly executed, final divorce agreement is binding on the parties. It’s normally incorporated into the final divorce decree so that it will be as enforceable as any other court order. After your divorce the family courts retain the ability to enforce that judgment as long as necessary.

When you have problems it is important to know that there is a formal procedure to follow to have a custody arrangement enforced immediately. Yes, you can call the police, but do you really want your children to see that circus? To most effectively enforce the agreement we need to get in front of a judge if your spouse is being uncooperative.

An enforcement hearing is normally a much more simple legal proceeding compared to the entire divorce case with all the many issues it involves. At issue will be whether the agreement is valid and enforceable and if so whether it was violated or not. If so, the court needs create an order to enforce the agreement.

A motion to enforce the agreement would be filed with the family court. It explains the situation and discusses what terms of the agreement or prior court order was not complied with. After it’s filed the court will set a hearing date for the motion. If there are disputed issues of material fact a hearing will be scheduled. At the hearing both sides can present evidence to support their side of the story. The judge considers the evidence and legal arguments and issues a decision.

If the former spouses have a difficult relationship child custody issues and all the emotions that come with them can turn a bad situation much worse. Like all other divorce issues it’s best to try to negotiate a resolution to disagreements over custody but ultimately an aggrieved parent being denied his or her custody rights can try to bring the issue to a close with a court order.

If you have questions about child custody or feel your rights to the custody of your child have been violated, contact our office so we can talk about your situation, how the law may apply and what can be done to protect your interests and those of your child.

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Two Year Separation Divorce

To move forward with a no-fault divorce in Pennsylvania, the parties need only allege an “irretrievable breakdown of the marriage” and either consent to the divorce after a 90-day period or establish 2-year separation. A no-fault divorce can also be obtained if one of the spouses is institutionalized for a period of 18 months provided they will likely still be institutionalized 18 months following the commencement of the divorce. No-fault divorce became available in Pennsylvania in 1980 when the Divorce Code was revised. Originally, a separation period of three years was required but that has since been reduced to the two year separation period currently required. Recently, there was a legislative push to further reduce the separation period to only one year.

Last November the House voted for the passage of Bill 380 which proposes amending Section 3301(d) of the Divorce Code to allow divorce on the basis of separation for a one year period as opposed to the current law which requires a two year separation period. At this point, Pennsylvania has one of the longer waiting periods for divorce on the basis of separation. New York, Ohio, and Maryland require only one year of separation. New Jersey and Delaware only require six (6) months of separation. The Pennsylvania Bar Association (PBA) played a significant role in pushing for the passage of the bill. According to the PBA, there has actually been a decrease in divorce since many neighboring states have allowed divorce after only a minimum period of separation. Additionally, a shorter separation period will allow the parties to move on with their lives quicker with less emotional and financial strain as well as promote the best interests of minor children in decreasing the period of uncertainty. Unfortunately, the bill died in the Senate this summer such that a two-year separation period stands for Pennsylvania.

Click here to read more about divorce.

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Uncontested Divorce Hearing

Certain counties in New Jersey still require an appearance in court to finalize the divorce even if the divorce is uncontested or issues ancillary to the divorce have already been resolved by agreement. The parties should be prepared to testify as to the their residence in the State of New Jersey, date of marriage and grounds for divorce. For example, the facts establishing the divorce action be it irreconcilable differences, separation, etc. The parties should also state if there are any children between the parties and if so, their names and date of birth.

If there is an agreement that has been reached regarding ancillary issues, the agreement should also be introduced during the hearing. Each party should acknowledge their signature on the agreement, and their understanding of all the terms. Key terms should be reiterated including custody provisions, child support, and alimony, if applicable. The parties should indicate they are waiving their right to trial in favor of having the divorce granted on the basis of their agreement. Finally, if Wife intends to retake her maiden name, that should be requested at the hearing.

Click here to read more about divorce in NJ.

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Your First Vacation as a Single Parent

After vacationing for some time as a family, it can be hard to adjust to your first trip as a solo parent. Even if you are happy to be free from your spouse, doing everything yourself and not having another adult around can be hard. Your children may be asking why mommy or daddy did not join you all on the trip and the guilt of your failed marriage may be weighing on you for their sake.

Yes, this can all happen on your first vacation as a single parent. As we process your divorce many adjustments to your new life will need to be made. When bringing the children on vacation for the first time you can employ these strategies to help you through:

Travel with Friends – having other adults around can really help you through your first trip. You will have adult companionship and also have another set of hands to help with your children. If you want to take some alone time you also have an adult who can step in and watch your kids for a few hours. Finding the right adults to travel with now can be a bit difficult – it may be awkward to travel with family and friends who you have traveled with before when you were a couple, so finding the right people to help you through this time may be tricky. You could ask a friend who is divorced with children to come along with you as a group .

Make it all about your kids: When you have younger children most vacations are all about them – they need and want your attention anyway to explore and play. Focusing on your children having fun is a great diversion. Planning an adventure around their interests or even just making sure each day has activities focused around them can pass the time and bring you back to the most important aspect of your life – your kids.

Take a few minutes for yourself: If you have a bit of extra budget and some babysitting support, take a trip to the hotel spa. Other options include a long walk on the beach or reading a book undisturbed poolside. Whatever you like to do take a few minutes for yourself – after all, this is your vacation as well!

Most importantly, remember it is all part of the adjustment. The first trip may be lonely or an amazing experience for you. You may love the new pack formed with just you and your children or you may miss your spouse terribly. However the trip evolves for you remember it is all a time of transition and part of stepping into your new life as a single parent.

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Post Divorce Finances – Wrapping Up, Moving Forward

After your divorce you will have a new life to build. This may include finding a new place to live, transition your children to their new lives between homes, and becoming accustomed to your new home. While your emotions may be running high and you are excited about your future you need to be vigilant in establishing your own credit and gaining financial strength.

1) Know your credit score. Checking your credit score will give you a benchmark of your current financial state of affairs. Your numerical score will show you if you have work to do to increase your attractiveness to lenders. As you go out and apply for credit – a car loan, mortgage or even find an apartment to lease your credit score will be checked. Poor credit can significantly limit your ability to borrow money. In addition to knowing your credit score your credit report will also display accounts are open in your name as well as any derogatory information that might not belong to you so you can work on repairing it.

2) Close joint accounts.

You and your spouse probably had many joint accounts open such as checking and savings, investments and even debt (credit cards and lines of credit). Dividing these accounts will be handled during the divorce process but it is important to make sure that they are closed. If they are left open both parties have the ability to still use them and accrue debt in your name, which could be problematic for your credit.

3)  Open your own credit

You will need to establish your own credit as soon as possible. This can be as simple as low-limit credit card. Charge items and services to this account and make payments every single month. This should have a positive impact on your credit and demonstrate your ability to pay your bills.

4) Create a budget and stick to it

Living on one income can be difficult so it will be important to know how much you are spending. Establishing a budget will help you track your expenses and ensure you do not go over budget. Have a plan to pay down debt, put a bit of money into an emergency savings account and also some money for entertainment if you can afford it. Being responsible now will lead to great rewards for you in the future.

5) Pay down debt
While you may want to put money away into your savings account it is wise to pay down your debt as quickly as possible. There are many options to do this and you can find a plan that is right for you. Try to send in a little more than your monthly payments each month and also cover the cost of interest charges.

Stepping out on your own financially can be an overwhelming experience. We help you set-up your financial future and as you step into the preparation it is important to move wisely to protect yourself. Put professionals around you for guidance and always keep your eye on establishing security for yourself. Most importantly, make wise and prudent decisions to build yourself the security that you need.

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One Step Closer to Shorter Divorces

Last November the House voted for the passage of Bill 380 which proposes amending Section 3301(d) of the Divorce Code to allow divorce on the basis of separation for a one year period as opposed to the current law which requires a two year separation period. Presently House Bill 380 is in the Senate and still pending a decision as of May 2016. There are several reasons for reducing the waiting period for divorce according to supporters of the Bill. First, reducing the duration for divorce will reduce the turmoil for minor children. There is consensus in the psychological field that continued conflict of the parents is the primary influence on the well-being, or lack thereof, of the children. Second, longer divorces allow for additional litigation and prolonged emotional strain. The third reason offered in support of the bill is the lack of any economic benefit by continuing with a two year separation period. For example, any alimony award will generally be reduced by the period of support received while the divorce was pending such that there is no benefit to a longer separation period.

At this point, Pennsylvania has one of the longer waiting periods for divorce on the basis of separation. New York, Ohio, and Maryland require only one year of separation. New Jersey and Delaware only require six (6) months of separation. The Pennsylvania Bar Association (PBA) has played a major rule in pushing for the passage of the bill. According to the PBA, there has actually been a decrease in divorce since many neighboring states have allowed divorce after only a minimum period of separation. Additionally, a shorter separation period will allow the parties to move on with their lives quicker with less emotional and financial strain as well as promote the best interests of minor children in decreasing the period of uncertainty.

Click here to read more about divorce.

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Should You Keep Your Marital Home After the Divorce?

When you are getting a divorce and own a home with your spouse, you have a few options. One of you may decide to keep the marital home or you can sell it and both move on purchasing or renting another residence. You may love your home, your neighborhood, and want to keep it to provide consistency for your children. Before making any final decisions or trying to negotiate to keep the home for yourself, think about this list of questions:

  1. Can you buy out your partner? As your divorce moves forward your house will be appraised, and the equity you have in the home is up for equitable distribution. If you would like to keep the home you will have to “buy out” your spouse giving them an amount of cash (or equivalent) or negotiate in a unique way.
  2. Refinance the mortgage – can you get a mortgage on your own. You will have to prove that you can so your ex will be removed.
  3. Can you afford the monthly bills? As you know, owning a home can be expensive and goes beyond the monthly mortgage payment. When you factor in taxes, homeowners insurance as well as association fees, cable and power you may be beyond your budget.
  4. Can you afford to maintain the home? When something in your home breaks, the roof starts leaking or a toilet overflows you may need to call in a professional to fix it. These can be costly. In addition to the major repairs all homes require minor repairs every now and again and you must have the funding. Not keeping up with repairs will cause your home to repreciate in value.
  5. Lastly, can you handle it? Maintaining a home with a partner is one thing, what about on your own? If you have significant financial resources you can certainly hire professionals to help you maintain it, but if you have to do it on your own do you have the time, know-how and ability?

Many times parents feel an emotional tie to keep the marital home for the stability of their children. They know their kids are going to go through a bit of an upheaval and feel guilty. In many ways keeping the marital home can cause significant problems if you are unable to financial or physically handle the required maintenance. While you may be emotionally tied to your home it is important to make this decision with an eye on finances as well.  And remember, having financial stability for yourself provides stability for your child.  

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