Tag Archive for: divorce

Who Pays the Bills During Divorce Proceedings?

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

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

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

If You and Your Partner Are on Good Terms

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

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

Take this approach to paying:

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

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

If You and Your Partner Aren’t on Good Terms

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

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

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

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

A Word of Caution

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

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

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

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

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

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Co-parenting and Dangerous Parenting

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

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

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

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

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

Red Flags of Dangerous Co-Parenting Behavior

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

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

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

You Must Still Obey Court Orders

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

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

Document Each Incident of Potentially Dangerous Co-Parenting Behavior

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

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

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

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

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Co-parenting and Dangerous Parenting

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

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

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

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

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

Red Flags of Dangerous Co-Parenting Behavior

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

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

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

You Must Still Obey Court Orders

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

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

Document Each Incident of Potentially Dangerous Co-Parenting Behavior

Did your child tell you their other parent pushed, shoved, or slapped them? Write it down and date it. Did your ex-partner send you a text message or voicemail admitting they let the children stay outside until late unsupervised, despite your insistence to the contrary? Save this message.

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

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

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

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A Brief Guide To Appealing Your Divorce

Imagine this scenario: A judge has ruled on your divorce, and you are unhappy with the decision. Is there anything you can do?

In some situations, you may be able to seek a more favorable judgment that allows you to modify the judge’s original decision regarding child custody or support, property distribution, alimony, and debt arrangements.

This article explores the various grounds for divorce appeal and recommendations for challenging unfair divorce settlement findings.

When You Can Appeal Your Divorce

There’s no question that contesting divorce decree provisions is not easy, and you must have a compelling reason to do so. It’s not enough to simply say that you disagree with the judge, or that you feel the outcome is “unfair.”

Instead, you need to have proper grounds for filing an appeal. There are a few ways you can do this. One of the most common rationales for overturned divorce settlements on appeal is that there was some kind of mistake made.

Examples of mistakes include the judge misinterpreting the law, not correctly applying the legal standards, or making an error regarding the facts. 

Other potential grounds for appealing your divorce could be a showing that there was a lack of evidence to support the judge’s findings or there was another problem with the evidence that impacted the judge’s ability to rule fairly. This often comes down to the judge abusing their discretion and making an unreasonable final decision.

Even if you can demonstrate one or more of the above flaws in the case, there is still a final obstacle to overcome before your case can even be heard. You will have to be able to show that whatever the mistake or flaw was, it would have materially affected the outcome of your case.

How To File a Divorce Appeal in Bucks County

Once you have identified the proper grounds for a divorce appeal, the legal process of overturning the initial judgment and seeking a new one comes next.

The first step in this process is filing a Notice of Appeal, which ultimately informs your former spouse that you intend to appeal the judge’s decision. From there, your attorney will prepare the “Record,” which includes the transcripts and documents from the initial proceeding.

Upon completion of this step, your attorney will file an appellate brief that outlines all of your legal arguments. After being assigned a court date, you’ll be able to present your arguments about the grounds for the appeal and the relevant evidence to support your case.

Finally comes the waiting part of the appeals process. This can take several days, and the court may affirm or reverse the trial court’s decision. It’s also possible that the judgment may be modified or the case could be remanded back to the trial court with further instructions.

Contact an Experienced Appellate Lawyer for Divorce Cases

While the goal is to stay out of court so you and your spouse can make all the decisions, sometimes an appeal is necessary. For more information or to begin the appeal process, contact Karen Ann Ulmer, P.C., at 866-349-4907 for an initial consultation.

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Is a Parent’s Home Unsuitable for Visitation? Here Are Some Options

While there is no such thing as a “perfect” home, a child must have a safe, stable, and healthy environment in which to live. If you believe that your former spouse or partner is putting the mental, physical, or emotional safety of your child at risk by not maintaining a home suitable for visitation, keep reading to learn more about your options.

What Really Makes a Home Unfit for Child Visitation?

Whether a home is actually adequate for a child to live in or visit depends on numerous factors. A judge can evaluate if an environment meets the overall criteria, looking specifically for objective signs that the home is suitable, comfortable, and safe for children.

Obvious signs of unsuitability include substance abuse, domestic violence, and physical abuse. In these situations, the other parent can be ruled unfit, and the court can remove the child from the home.

There are also more subtle clues that a parent’s home is genuinely unsuitable for visitation. For example, an unclean, a hoarding situation, or a lack of basic needs (like utilities being deactivated), clearly indicate that the parent is ill-equipped to provide a home appropriate for visitation.

Additional factors may also come into play. For example, if the other parent is neglecting the child or not being responsive to their needs, that could be a sign that the environment is unsuitable. While there can be universal guidelines, many of these judgments may come down to an individual situation based on the age of the child and the current and past rules set by or agreed upon by the parents.

One of the first steps in protecting a child from having to spend time in a home that is unsuitable for visitation is to gather evidence of an unsafe visitation environment. This can involve documenting your concerns and communicating constructively with the other parent.

In keeping with the goal of protecting the best interests of the child, anyone who suspects abuse or neglect can report the situation to Child Protective Services. This initiates an investigation and includes interviews, home observations, and reports, which can be used as evidence in court.

A family law attorney can guide you in pursuing legal actions such as filing a petition to restrict visitation due to unfit home conditions or pursuing child custody modifications due to unsafe conditions. If there is concern that both parents’ homes are unsuitable for visitation, the next step may be to explore alternative solutions such as conducting visitations at a neutral site.

Contact an Experienced Family Law Attorney

Every child deserves to grow up and thrive in a truly safe and healthy environment. At Karen Ann Ulmer, P.C., our law firm takes an empathetic and compassionate approach to resolving child custody conflicts, including those centered around safety.

To learn more about how our attorneys can help you, call us at 866-349-4907 for a consultation.

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How Can You Speed Up Your Bucks County Divorce?

Divorce is a challenging process, both emotionally and legally. Many people wonder how they can speed up the divorce process. The time it takes to get divorced will vary depending on a variety of factors, including whether the divorce is contested or uncontested. Here in Pennsylvania, Act 102 changed the waiting period for a contested divorce from two years to one year. After being separated for one year, someone can lawfully file for a contested divorce and begin legal proceedings.  

However, an uncontested divorce will almost always take less time than a contested one — on average, around 4-6 months. If you are looking to expedite the process, we recommend pursuing an uncontested divorce. This means you must agree with your soon-to-be ex-spouse about the grounds and terms of the divorce, including asset distribution and child visitation schedules. 

An experienced attorney can help you navigate the legal system and negotiate a divorce agreement efficiently. You must be prepared to take a couple of steps before beginning this process. 

Commit To Negotiating 

It’s important to have realistic expectations when you file for divorce. With so many legal elements involved, like child custody agreements, child support payments, property division, and alimony, even the most amicable of divorces can lead to disagreements during negotiation. From the beginning, anticipate that you will need to make some concessions. 

Find Emotional Support 

Making compromises during negotiations can feel particularly challenging when emotions are running high. Seek out emotional support from friends, family, and loved ones. Their support can ground you when you feel stuck, making it easier to work toward settlement agreements and obtain a fast divorce. 

Do Your Research 

When it comes to child support and visitation rights, both parties in a divorce have a right to spend time with their children, as well as a responsibility to contribute financially. Your legal team must have a clear picture of your financial situation. 

Share baseline truths about your finances with your divorce attorney. Come to meetings prepared with tax documents and receipts. Being honest about your finances, with documents to back it up, will help speed up your divorce by eliminating future surprises. 

Avoid a Long Battle 

Above all, don’t just accept that all divorce cases will be long, arduous battles. This does not have to be the case and is usually unnecessary. Drawing out the process will cost both parties a lot of money, time, and stress.  

By entering divorce discussions with a fully informed legal team and an expectation that you will need to compromise, you are setting yourself up for a smooth and quick divorce. 

Contact an Experienced Bucks County Divorce Lawyer 

The legal professionals at Karen Ann Ulmer, P.C., are experienced in helping clients navigate the legal systems of divorce. We prioritize clients’ peace of mind and well-being. Call or email us today for a confidential discussion to address your concerns and learn more about how we can help you speed up your divorce. 

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What Should I Ask for When Negotiating a Divorce Settlement?

A divorce allows you to start your life over, but your old, married life will impact that new one. Think about how untangling your life from your spouse will affect you legally and financially. What will you not have, or not have enough of, to start this new life?

You can break down what to ask for in a settlement agreement regarding parental roles and property rights or prioritize your ask based on needs and wants.

What Do You Need? What Do You Want?

Think about your priorities. What do you need, and what do you want but can go without? Nearly all divorce cases are settled without going to trial. That means there will be negotiations (and possibly mediation) between you and your spouse through your attorneys.

In any negotiation, there are things that a party needs (or thinks they need) to resolve the issue. Other issues are negotiable, and you should be willing to give things up as necessary to satisfy your needs. After your needs are met, try to obtain what you want. Ideally, both sides will get most of what they need and some of what they want.

State law may entitle you to certain things. If those laws address your needs, that is great! If not, and you are willing to part with the things given to you by state law (partially or totally), they can be bargaining chips to ensure your needs are met.

It is like a chess match. You must protect your king. All the other pieces are expendable if that means you win the game. In this case, winning satisfies your needs, and you are in the best position to start your new life.

What Role Must You Play With Your Kids?

If you have kids, Pennsylvania law makes your child’s interests paramount, so what you need or want takes a back seat. State law presumes a child needs both parents in their lives.

The more time you feel you need with your child, and the more significant role you wish to play, the stronger the facts and legal arguments must be to accomplish that. Unless the other parent is irresponsible or a potential danger to your child, you may have a tough time if you feel a need to be the sole parent or the other parent should have minimal contact with their child.

Most parents meet in the middle. They share legal custody (the ability to make crucial decisions), but their physical custody or parental time may vary. One parent may spend most of the time with the child, or it may be split evenly.

What are Your Financial Needs?

The distribution of a married couple’s debts and assets is supposed to be based on what is equitable and fair, given the situation. When negotiating a settlement, there is a mix of what a person may be entitled to and what they are willing to trade with their spouse to achieve their needs and wants.

You may need more financial help in the short term, so you may forego the ongoing income of spousal support to get more cash or assets upfront. If you need the marital home, what assets will you swap to get it? Ideally, a spouse who needs the home is married to someone who wants to move away and start over, so the marital home (with all the memories that come with it) is the last thing they want.

Get the Help You Need from an Attorney You Can Trust  

If you think getting divorced may be in your future or have decided it is the next step, call us at (215) 608-1867. We can discuss your situation via teleconference, on the phone, or in our Doylestown or Langhorne office.  

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How a Child with Special Needs Can Impact Your Divorce

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You love your child and want the best for them. Your marriage may end, but you are still a parent. You need to navigate the divorce process so you start a new life in the best possible position and ensure that your child’s needs are met, too. 

You Are Not Alone 

Parents with special needs children are more likely to get divorced than other married couples, according to Psychology Today. It is estimated that: 

  • 20% of US homes have a child with a disability, special health care needs, or a chronic illness  
  • The divorce rate of married parents with a child with disabilities might reach 87% 
  • The divorce rate for those with a child who has autism is about 80% 

The challenges and disagreements that can arise when parenting a special needs child may be the reason for a divorce or just one of many that pushed the relationship over the edge. 

Things to Think About 

When you are trying to plan your post-marriage life, think about: 

  • Your child’s needs, whether they are functional, medical, psychological, educational, or social 
  • What will meeting those needs cost in time, effort, and money 
  • Who will absorb those costs, and how 

You may need the help of a life care specialist to come up with answers. If you and your spouse disagree about your child’s needs and care, an outside third party without a personal bias may help bring the two of you together on these issues. 

Child Custody 

Whether your child has special needs or not, decisions about which parent should have what kind of custody should be guided by your child’s best interests. The judge in your case is bound by law to use that standard. If the two of you agree on custody issues, the judge will ensure your plan meets that standard. If you cannot agree and the matter is litigated, that is how the judge will make a decision. 

What is your situation? 

  • With whom will the child live? 
  • How much time will they have with each parent? 
  • How stable will each parent’s household be? 
  • Are both parents up to the task of caring for the child equally?  
  • Is one in a better position to provide care most of the time? 
  • If one parent is unwilling or unable to handle the child’s needs, is the other equipped to be the exclusive caregiver? 
  • How involved will the extended families of each parent be in helping with your child? Will one be alone, while the other will benefit from family members playing active, supporting roles? 

If you have another child without special needs, what custody arrangement is best for them? 

Child Support 

The state’s child support formula does not account for the additional financial burdens of parenting a child with special needs, including specialized care, equipment, enhanced nutrition, or accessible housing. But a judge may order a non-custodial parent to pay more than the guideline indicates if the circumstances call for it. 

Typically, the obligation to pay child support ends when the child reaches the age of majority (18) or graduates from college. But if a child with special needs requires caregiving for an extended period, if not the foreseeable future, that may be extended.  

Depending on the extent of a child’s disabilities, they may qualify for government benefits (including paying for custodial and medical care), help in finding employment, and independent living. The parents must do their best to get as much help as possible for as long as possible.  

The parent receiving child support should not expect the payor to pick up the tab for services that may be free or at a reduced cost, thanks to government or charitable programs. 

Get the Help You Need from an Attorney You Can Trust   

If you are thinking about getting divorced or have decided it is the next step, call us at (215) 608-1867. We can discuss your situation over the phone, via a teleconference, or meet in our Langhorne or Doylestown office.   

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Deeds, Mortgages, and Your Divorce

Retaining the family home was a divorce priority, and after all the dust settles, it is yours. Now what? You must do the paperwork and make the necessary financial arrangements to make this a reality. 

How Does the Paperwork Work? 

If both spouses own the house, one can transfer their interest to the other through a quitclaim deed, but it comes “under and subject” to existing encumbrances and liens.  Most home purchases are subject to a promissory note payable to the lender providing the mortgage. The promissory note creates the obligation to repay the loan you used to buy your home. The mortgage makes the home security or collateral for the loan. 

The promissory note is considered a “joint and several obligation,” so the borrowers agree the lender may pursue either or both spouses if the repayments are not current.  Unless this issue is addressed, if your spouse signs over their interest in the house but the promissory note is still in effect, they may be liable for mortgage payments for a home for which they have no ownership interest. 

Typically, a property settlement agreement states the spouse with the house will “indemnify and hold the other spouse harmless” from the promissory note’s obligations. But, the lender is not bound by or a party to the agreement. If the lender seeks money from your ex, they could sue you for breach of the divorce agreement because you agreed to indemnify them. But if you lack the money to pay the mortgage, you probably lack the resources. 

How Will Refinancing the Mortgage Help? 

One way to prevent this from happening is to refinance the house. It ends the mortgage you and your ex signed and substitutes a new one in your name. The promissory note used to buy the house is canceled, and the mortgage is officially satisfied. You get a clear title, a loan to pay what is left, and a promissory note and mortgage in your name. 

 If you cannot make the payments, your ex is not responsible because the old promissory note is no longer an issue, and the current one only applies to you. 

However, refinancing may be difficult if you lack a good credit history and a regular income. Each lender has its own rules covering to whom they will lend and the amount. This can vary also with the type of loan. An FHA mortgage will probably have lower lending standards but will cost more than a non-FHA loan.   

If you have not started already, work with a mortgage lender or broker even if the divorce settlement is not final.  Establish child and spousal support payment histories so the lender will view them as income sources to help pay the debt. Try to improve your credit score so it is at a level a mortgage underwriter will want to see. It is much better to prevent the problem of being turned down for a refinance than to deal with it afterward. 

Get the Help You Need from an Attorney You Can Trust   

Whether you are thinking about divorce or you have decided it is the right step for you and your family, call Karen Ann Ulmer, P.C., at (215) 608-1867. You can start a new chapter in your life, including owning a home yourself. We can discuss this over the phone, via a teleconference, or meet in our Doylestown or Langhorne office.   

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Post-Divorce Dates to Abide By

Obtaining your final divorce order signed by a judge is a big moment, but there is still more to do. You will need to deal with several issues to finally put the process behind you. There are many pieces of “clean-up” to take care of before you can wash your hands of the matter. 

What Dates Do I Need to Worry About? 

Your divorce judgment requires you to take several actions and meet specific deadlines. You may need to:  

  • Sell or refinance your home 
  • Transfer car titles and property deeds 
  • Divide bank, investment, and retirement savings accounts 
  • Get or give back personal property 

Take another look at your divorce agreement and order. What actions must you and your ex perform, and what deadlines or time frames are spelled out? Create a checklist of what you and your spouse must do and when. You will be better prepared to get things done on time and be aware of what your ex may be failing to do. 

What Happens if Deadlines Are Missed? 

Missing a deadline may cost you legal remedies to which you otherwise are entitled. You do not want to be in front of the judge again, explaining how disorganized you are or, worse, stating why you should not be held in contempt of a court order. 

Your ex probably has deadlines, too. We can discuss them and what might happen if one or both of you fail to meet them. For example, your spouse may have a given time frame to retrieve personal property from the former marital home. If they do not, the order may allow you to keep, throw away, or sell the items. 

Other issues are more serious. An ex-spouse could be held in contempt for failing to comply with the court order’s terms. The other party could ask the court to enforce the judgment. If found in contempt, an ex would be ordered to comply, may need to pay a fine, and, if the situation is severe enough, spend time in jail. 

What Is the Right Response to Missed Deadlines? 

Both parties should prioritize compliance, and there must be good faith efforts to comply. But sometimes stuff happens, and someone becomes ill, bureaucracies are not responsive, there are issues at work, elderly parents may need help, and deadlines are missed.  

No matter which party is not getting things done, the issue is often whether someone is genuinely trying to get everything done on time or there is a conscious effort to refuse to do things or delay getting them done. If the process is dragging on or a party is hostile, it may be time to get the court involved. 

Get the Help You Need From an Attorney You Can Trust   

If you are considering getting divorced, have decided it is the right step, or are facing challenges after your divorce was finalized, call us at (215) 608-1867. We can discuss your questions and what is going on over the phone, via a teleconference, or meet in our Doylestown or Langhorne office.   

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