Tag Archive for: divorce

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.

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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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The finances of your divorce – Three Important Parts

During your divorce every nook and cranny of your financial picture will be evaluated. Together we will take a look at the finances you brought into your marriage and then what you and your spouse accumulated together. It is very important that you have a full understanding of your financial picture and copies of all financial documents.

What did you bring into the marriage?

Before you got married you may have had assets including investments, property and savings account. If you kept them solely in your name and they did not increase due to the influence of your spouse, they are yours to keep. If you commingled these assets with your spouse, meaning you added his/her name as an owner, then they are considered a contribution to the marriage and the court will determine how to allocate them. Some counties will apply their own methodology for determining what portion you will get credit back for this contribution based on the date it was contributed and time that has passed. The increase in value of a separate asset is always marital. Usually we look at each asset on a case by case basis. It is important that you provide your attorney with the details of any contributions you made either from before the marriage or through an inheritance and it is also important to have a paper trail of these transactions.

What assets did you build together?

The assets of a marriage are simple to state but can be difficult to calculate. For instance, if you had a 401k before your marriage but continued to then add to it during your marriage, your spouse is entitled to share in the accumulation since the date of your wedding. If you and your spouse purchased a home together the current equity is up for consideration.

Make copies of your statements

A very important part of your financial situation is knowing your current financial situation. When you decide to divorce (or find out you are getting divorced) start to immediately make copies of financial statements. Do not let your spouse try to hide money or claim

Just as every couple is different so is every divorce. You have the ability to negotiate each part of your divorce to ensure you are getting your share of the assets. Additionally, based on other factors such as income and potential income we can always negotiate in other ways as well – trade-offs are common. An experienced divorce attorney will be able to explain your options and negotiate creative solutions for you.

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Pennsylvania Victims of Domestic Violence May Have Easier Road to Divorce Under New Law

On April 21, 2016, Governor Wolf signed into law a bill which essentially simplifies the process for victims of domestic violence to obtain a divorce. Currently, under the Divorce Code, even in the case of domestic violence, if a spouse refuses to consent to the divorce after 90 days, the divorce cannot proceed until there has been a two-year separation. In the new law that takes effect in sixty days (around June 22, 2016), a victim of domestic abuse can file for divorce and the law presumes consent of a party if they have been convicted of committing a personal injury crime against the other party.

Additionally, the new law allows the victim to object to court-mandated divorce counseling if they have a protection from abuse order. The victim can also object to court-mandated counseling if they were a victim of a personal injury crime for which the other spouse has been convicted or is in an accelerated rehabilitation disposition program as a result of conduct for which the other party was a victim.

For purposes of presuming consent to a divorce under this new law, the party has to have been convicted, meaning having been found guilty, having entered a plea of guilty or nolo contendere or having been accepted into an accelerated rehabilitative disposition program. A personal injury crime under this new law is defined as an act that constitutes either a misdemeanor or felony or criminal attempt, solicitation, or conspiracy to commit any of the following: criminal homicide, assault, kidnapping, human trafficking, sexual offenses, arson and related offenses, robbery, victim and witness intimidation, homicide by vehicle, or accidents involving death or personal injury.

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Treatment of Veterans Benefits

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Former military members may be eligible to receive a number of different veterans benefits from the Department of Veterans Affairs (VA). Possible benefits include disability compensation, pension benefits, life insurance, educational benefits and more. Title 38 of the U.S. Code addressing veterans benefits dictates that the benefits are off limits to creditor claims. However, Title 38 has special provisions regarding the support of family dependents. Accordingly, receipt of veterans benefits can be counted as income for support purposes.

Veterans benefits cannot be divided as an asset in a divorce case. This is due to the Uniformed Services Former Spouses’ Protection Act (USFSPA). The Pennsylvania Divorce Code confirms this rule. Under 23 Pa. Section 3501(a), discussing the definitions for marital benefits, veterans benefits exempt from attachment, levy or seizure are defined as non-marital. The definition goes on to draw a distinction between any benefits received in lieu of military retired pay. A similar distinction arises in support cases as far as whether the benefits can be garnished for payment of an award. Garnishment of veterans benefits is only permissible where the service member has waived military retired pay to receive the veteran benefit.

Click here to read about military divorce.

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Updating your Will after Divorce

After your divorce it is very important to update your estate planning documents, most importantly your will. If you leave your old will in place your financial assets, property and even the care of your children may wind-up in the hands of those who you no longer want – your former family members or ex-spouse.

Select a new executor of your will: the executor of your estate is the person who will be charged with distributing your wealth and property. While they are to follow your wishes, if your executor is still your former spouse he/she may not do as you wish or add undo stress when dealing with your family members. When you select an executor make sure they understand your wishes and

Clearly outline who gets what items: Part of the reason you want to clearly spell out the distribution of your items is to avoid fighting by your loved ones after the fact. This can include a family heirloom or an important piece of your jewelry. Rather than have your children fighting over items they were “promised” it is so much easier if you

Name a guardian for your minor children:

In most cases, upon your death your former spouse would be given full custody of your children. If that would not be in the best interest of your children then you will need to spell out why and we suggest you do that under the advisement of an attorney. Furthermore, if your former spouse is no longer in your children’s life due to domestic violence, alcoholism or drug abuse, it is critical that your will contain the right wording and plan for your children. Protecting

Estate planning may seem tedious but is there to protect your wishes should you pass on. Do not rely on state law to handle your estate. Take a proactive approach and ensure that financial assets and care of your children are handled by a responsible individuals who will ensure your children, financial assets and valuables are handled properly.

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