Tag Archive for: PA divorce

Divorcing? Get Your Credit Report

Starting the initial steps of a divorce can feel overwhelming. You may be unsure what processes to prioritize or how to set yourself up for success. One step you can take now is requesting a copy of your credit report. 

This can aid you in your next steps as you start to move forward financially after the property division process. 

Why Do You Need Your Credit Report? 

Your credit report offers a summary of your credit activity, including loans and other debts. It includes information such as your:

  • Bill payment history
  • Bankruptcy history
  • Loans
  • Current debts

When you apply for loans or other financial opportunities, the financial institution will view your report to determine your trustworthiness and eligibility. If you have a significant amount of debt or a history of late payments, it may deny your application. 

Requesting a copy of your report can help you prepare for certain financial processes in your divorce, such as refinancing your mortgage or applying for an apartment rental. If this report paints a negative picture of your finances, you can start taking steps now to improve your credit or explore other opportunities that won’t hinge on your creditworthiness. 

You can also identify any hidden debts or assets that will eventually come to light during the marital dissolution process. If you find any discrepancies in your report, potentially indicating malicious behavior from your spouse, you can address them now. 

Protecting Your Credit During and After Divorce

Divorce can have indirect consequences on your credit score, which could limit future financial opportunities. Years of marriage and combined finances can be challenging to untangle. These tips may help you protect your credit during the divorce process:

  • Keep an eye on your report. Free copies are available online, allowing you to quickly identify any changes or issues. 
  • Close credit cards and pay off loans wherever possible. 
  • Change the account numbers on the remaining accounts so your spouse does not accidentally or maliciously use them. 
  • Put a lock on your credit so your spouse cannot open any new accounts under your name. 

If your score is on the lower side, take steps now to begin building credit. You might apply for a secured credit card, practice making bill payments on time, and reach out to a credit counselor for help. 

How To Request a Copy of Your Credit Report 

You should never need to pay for a copy of your credit report. You can request a free report as often as once per week through AnnualCreditReport.com, a service authorized by federal law. 

You will need to answer a few personal questions before you can see your reports. This ensures that no one else can access your information aside from you. 

Let Karen Ann Ulmer, P.C., Help You Protect Your Finances During Divorce

Legal separation and divorce can strain your finances. At Karen Ann Ulmer, P.C., we help clients protect their rights while divorcing. Let us guide you through the settlement agreement, divorce petition, alimony discussions, and more. Call (866) 349-4149 to schedule a general consultation.

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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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Meta Description: Going to trial in a divorce sometimes involves lengthy court battles. Learn what to expect and how to avoid going to trial from Karen Ann Ulmer, P.C.

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First Steps in Dividing Assets in Your PA Divorce

Dividing assets in a divorce is often one of the more stressful steps of the process. Pennsylvania follows an equitable distribution policy, meaning the courts attempt to divide a divorcing couple’s assets fairly between them. This is often easier said than done. 

Following these initial steps can help you begin to separate property from your spouse and start moving forward financially. 

Pinpoint the Date of Separation 

What day did you and your spouse separate and/or begin the divorce process? Write down this date. This will help you determine which assets and debts are considered community property or marital assets and which are separate. 

The assets you acquire after the date of separation could be considered separate property. This date is also important in determining the length of the marriage and the start date for spousal support or child support, if applicable. 

Close All Joint Bank Accounts and Open Your Own

Begin by opening your own separate bank account and start putting your paychecks and other income into it. This will allow you to begin accruing your own money that is completely separate from your spouse. Furthermore, you won’t have to worry about accidentally stealing from their share of the funds when you begin paying legal fees or other associated expenses from the divorce. 

Eventually, you will want to close any joint bank accounts that you share with your spouse. However, in the beginning, you may want to keep a joint account open from which you can pay household and other shared bills until you decide who will be responsible for paying which bills.

Close All Credit Cards and Examine Your Debt

Next, contact your credit card companies and close any shared accounts as well. Open your own credit cards that are solely in your name. 

If any of your shared credit cards are in the red, talk to your attorney about how to proceed. Along with dividing assets in a divorce, you must divide shared debts fairly. 

Hold On to Pensions and Brokerage Accounts for Now

You may assume that the next step should be to divide pensions or brokerage accounts between you. Instead, hold off on this until you have spoken with your attorney. You may need a qualified domestic relations order (QDRO) to gain permission to divide the accounts between you. 

Talk to Your Mortgage Broker About Keeping the House 

You may also assume that you will keep the house and that your spouse will find somewhere else to live. While this might be your preference, it isn’t always doable. You should speak with your mortgage broker about the requirements to maintain the mortgage on your own. 

If you cannot afford the mortgage based on your finances, you may need to sell the house as part of the property division agreement. Alternatively, perhaps you could sacrifice other assets to keep the house. 

Let Karen Ann Ulmer, P.C., Assist in Your Asset Division 

Dividing assets in a divorce may feel overwhelming, but our attorneys are here to guide you through this process. We can help with asset valuation and maintain your right to equitable distribution. Contact Karen Ann Ulmer, P.C., today at (866) 349-4149 to book a confidential consultation.

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What Do You Do If You Don’t Want a Divorce?

Divorce may feel like a last resort, something you want to avoid at all costs. Just because your spouse seems to have their mind made up doesn’t mean you have followed suit. You may still be hanging on to the last threads of your marriage and hoping to reach a resolution. This is often a gut-wrenching situation. 

If your spouse has already filed with the courts here in Bucks or Montgomery Counties, you must obey all deadlines. It is time to hire an attorney to go over the initial paperwork with you and prepare you for the next steps. 

Understanding what to do if you don’t want a divorce starts with knowing what you are legally required to do. Then, you can explore your options and start to move forward. 

Can You Refuse a Divorce? 

Denial, anger, bargaining, depression, and acceptance. These are the five stages of grief and the stages many divorcees go through when approaching this process. You may initially be in denial and wonder whether you can simply refuse the action or pretend it doesn’t exist. 

If your spouse has legally initiated the divorce, there is immediacy in following deadlines. However, keep in mind that your divorce will take some time. By law, Pennsylvania has a 90-day mandatory cooling-off period for divorce. After filing, you and your spouse must wait at least 90 days to finalize the process. This gives you time to reconsider the decision and negotiate any issues, like child support or property division. 

Pennsylvania follows no-fault divorce laws, meaning a spouse can choose to end their marriage without assigning blame or proving fault. While you cannot refuse this legal action, you maintain the right to contest a divorce if you disagree with the terms and want the court to intervene. 

What To Do If You Don’t Want a Divorce and Your Spouse Does

If you don’t want a divorce, now may be a good time to sit down with your spouse and determine whether they are open to reconsidering. Would they be willing to try anything to make your marriage work? Or are they already checked out? 

A few options you can present to them are:

  • Divorce counseling and mediation: Counseling can work wonders for healing a marriage. If you are going through a contentious divorce, you may even need to complete court-mandated marriage counseling. A mediator could also help you and your spouse reach a compromise. 
  • Legal separation: You and your spouse can live separately without officially ending your marriage. Perhaps your spouse is open to delaying divorce proceedings and instead living separately to start. 

If your partner isn’t open to any of these, it’s time to work on acceptance. This doesn’t need to be a fast process. Take it a day at a time, and start moving forward. 

Seek Guidance From Karen Ann Ulmer, P.C. 

Your life isn’t over just because you are going through a separation. You have a world of opportunities ahead of you, and you may look back and realize that this step was for the better in the long run. 

At Karen Ann Ulmer, P.C., we would be happy to advise you on what you can do if you don’t want a divorce. Contact us today at (866) 309-3307 for a legal consultation.

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How Do You Protect Your Money and Your Financial Future During a Divorce?

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Going through a Bucks County divorce may feel like you are completely upending your life. If you are a stay-at-home parent or a low-income-earning spouse, or you simply rely on your partner for financial support, the thought of separating may feel immensely scary. 

How do you protect your money during a divorce? How will you financially recover? Strategic planning with the help of the right divorce attorney can allow you to navigate this process as smoothly as possible. 

What Will Happen to Your Money in a Divorce? 

Before you can start protecting your money, you need to understand what is at stake. In Pennsylvania, the court distinguishes between marital vs. non-marital property. Marital property includes anything you or your spouse acquired during the marriage or any assets that increased in value during this time.

Marital property is subject to an equitable distribution of assets, meaning the court would attempt to divide these items fairly between you. If you have any prenuptial or postnuptial agreements in place, these may play into the distribution process. Asset protection trusts can also prevent certain accounts from being divided. 

Tips To Protect Your Money as a Low-Income-Earning Spouse or Stay-at-Home Parent 

If you are a low-income-earner, the court will take this into account when determining what assets and funds to leave you with in the divorce. Still, you may have trouble moving forward independently. The following tips can help you protect your money during divorce and plan your financial future:

  • Build financial independence: Start looking for ways to build income and untangle your finances from your spouse’s.
  • Start investigating employment that includes healthcare: If you were previously a stay-at-home parent, you’ll likely need to gain some form of employment now. A job that includes healthcare can make up for your loss of access to your spouse’s benefits. 
  • Gain a clear sense of your financial situation: Examine your shared bank accounts, investments, and other assets and estimate that you may receive around half of these in the divorce. 
  • Begin working on your post-divorce budget: With your anticipated income in mind, create a budget where you set aside 50% of your earnings to needs, 30% to wants, and 20% to investment. This will help you estimate how much you can afford on expenses like housing, groceries, bills, and a vehicle. 
  • Talk to your mortgage broker: You may want to keep the family home, especially if your kids will live primarily with you. But be sure to talk to your mortgage broker about whether this is financially sustainable with one income. 
  • Avoid pre-paying bills with shared money: While it is tempting, don’t take income from your shared accounts to pre-pay bills or buy items in bulk. This could lead to issues with hidden assets and forensic accounting. 

Karen Ann Ulmer, P.C., is here to help you protect your money during a divorce. We can explain the tax implications of divorce settlements, advise on strategic practices to build financial independence, and protect your right to equitable distribution. Contact us today at (866) 309-3307 for a general consultation. 

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Prenups and Alimony: What You Need To Know

More Americans are open to signing prenuptial agreements than ever before.

A 2023 Harris Poll revealed a surprising statistic: About half of adults would consider signing prenups if their partners asked.

Will you and your soon-to-be spouse sign one? Before you enter into an agreement, learn about some key factors pertaining to prenups and alimony here.

Featuring Alimony Provisions in Prenups

Technically, couples on the verge of marriage don’t have to include alimony provisions in their prenups. They can sign spousal support waivers that rule out the possibility of alimony if the couple divorces.

However, it is almost always a bad idea to do this. Even if you’re in a fantastic financial position right now, you can never know whether that will still be the case in the future.

You might decide to quit a well-paying job to become a stay-at-home parent. Or, your spouse may work their way up the ranks to become the CEO in a decade.

In these cases, you and/or your spouse might wish you had created a prenup that included alimony. Do it from the beginning to avoid regretting not doing it later.

Considering the Right Factors When Including Alimony Provisions in Prenups

Couples should not simply include standard alimony provisions in prenups. They should put serious thought into prenups and alimony and generate provisions customized for their relationships.

As you and your significant other put together a prenup, keep these factors in mind:

  • Your income and any income disparity that exists
  • Your current lifestyle, as well as any lifestyle changes you may see on the horizon
  • Your state law requirements regarding prenups

A prenup isn’t designed to put either spouse in poverty in the event of a divorce. Instead, it’s a tool couples can use to ensure they’re both still able to meet their financial obligations if they choose to go their separate ways.

Ensuring Prenups and Alimony Provisions Are Enforceable

Prenuptial agreement enforceability is another factor that should weigh heavily on your mind when creating a prenup. Make sure you create a legally binding document with assistance from an attorney with extensive experience developing prenups.

This lawyer can help cover all your bases while creating a prenup with alimony provisions. They can also explain other aspects outside of alimony provisions, such as marital property rights.

Contact Our Law Firm To Begin Piecing Together a Prenuptial Agreement

At Karen Ann Ulmer, P.C., we firmly believe prenups and alimony should go hand in hand. If you’re planning a wedding and open to piecing together a prenup, we would love to help you do it.

We can make the premarital agreement process more manageable and ensure your prenup is enforceable should you need to rely on it in divorce court. We can also clarify any confusion about prenups by discussing their purpose further and addressing pressing questions and concerns.

Call us at (866) 311-6082 today to speak with a trusted attorney.

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File First or Negotiate First?

After coming to terms with a divorce, the next part of the process is the negotiation stage. You may find yourself preparing mentally by asking questions as you try to determine a proper course of action. One critical part of this process is the initial filing. If you’re wondering, “Should I file or negotiate first?” you’re not alone. This question looms over many divorcees as they anticipate how the process will play out. Considering the psychological and legal ramifications will help you understand the advantages of filing first. 

You’ve Reached an Agreement, Now What?

If you’ve reached an agreement with your spouse, congratulations. You’ve arrived at the first step of the divorce process: filing the divorce petition. So, should you file or negotiate first? There are myriad psychological benefits to consider. The planning stages provide you with a strong foundation to move forward with purpose. You may also experience an immediate surge of confidence when you file first. Taking this huge step in your divorce proceedings is liberating and can strengthen your resolve. 

The phrase, “strike while the iron’s hot,” rings true when considering the benefits of filing first. This decision is an important part of your strategy, allowing you to take matters into your own hands and proceed with fortitude and determination. In this case, your opponent is your spouse, and like a good game of chess, catching them off guard will only serve to your advantage. After all, you’ve already prepped with careful planning, making certain your financial and other legal concerns are in order. You’ve likely spoken with a qualified alimony attorney to help you understand the mediation process. Throughout your divorce proceedings, your attorney will help you properly negotiate to your benefit, giving you an even greater edge.

The next consideration for whether or not you should file first is thinking about the opportunity it will give you to fortify your assets. You and your partner’s shared assets must be legally separated, including all physical assets and joint personal finances. In this instance, seeking legal advice ahead of the filing will help you protect yourself and adequately set you up financially for life after divorce. 

Why You Should Consider Filing First

Now that you’ve pondered, “Should I file or negotiate first?” the decision depends on your unique situation. Preparing for this critical step by conferring with legal counsel will help you navigate the timing, present you with options, and prepare you for your next stage in life. When you take the step to file first, you’re making a power move. By taking control of the process before your spouse does, you may secure benefits that you might not gain otherwise.

Book a Consultation Today

A consultation with Karen Ann Ulmer, P.C., can help you protect your rights and determine an appropriate course of action if you’re questioning whether you should file or negotiate first. Our team of family practice attorneys serves Pennsylvania and New Jersey. We’re dedicated to providing solutions to our clients. Book your free consultation today, or contact us at (866) 349-4117.

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Seeking Revenge Through the Divorce Process Can Be Costly

People go through a variety of big emotions during the divorce process. Although anger is a common emotion, it shouldn’t solely drive your reasons for seeking divorce.

Are you angrily filing for divorce right now to seek revenge? Read on to learn why that approach may end up being costly for you.

Harming Your Chance of a Fair Financial Settlement

If you are filing for divorce to gain revenge on your spouse, will it affect your financial settlement? Almost certainly, yes.

Pennsylvania divorce laws don’t specifically call for penalties against a spouse engaging in spiteful behavior. However, a judge could treat your claims for alimony with more scrutiny if revenge is in focus. When letting anger guide your actions, someone might choose to fight every suggestion for mediation a spouse makes, and while it’s their right to use litigation to try to receive a fair settlement, it wastes everybody’s valuable time.

You may believe you’re harming your spouse by refusing to participate in mediation. In reality, you’re harming your own position more. Typically, participating in mediation goes faster and costs you less in legal fees in the long run.

Costing You More Than Just Money

If you have children and mutual friends, trying to gain revenge on a spouse through the divorce process can be extremely stressful for these other parties. They may feel like they’re stuck in the middle of a tug-of-war that makes little sense from the outside. When you have clouded judgment because you’re focused on revenge, you may not be able to see: 

  • How you’re affecting your children’s well-being
  • How you’re manipulating your children or loved ones without even realizing it

Some friends will be able to see through the actions you’re taking if you are focusing on revenge. What if they side with your spouse when you are clearly being spiteful and unfair during the divorce proceedings?

We’re only human. If you are going through the divorce proceedings with anger and revenge as your primary driving factors, you may also lose control of your emotions more easily. With the temptation to do almost anything to avenge your failed relationship, ethical behavior may feel like a gray area – and that’s always risky in the divorce process.

If a judge learns that you are lying about your spouse’s actions, you could open yourself up to legal problems and lawsuits. It’s best to sit back and let your divorce attorney do the talking.

Let Karen Ann Ulmer, P.C., Help You Navigate the Divorce Process Calmly

Did your spouse cheat on you, lie to your face, or betray your trust in some way? You have every right to be angry, but using revenge as your reason for filing for divorce doesn’t help your case in court.

Take a deep breath, and have a confidential discussion with Karen Ann Ulmer, P.C., before you file for divorce. It’s important to go through your divorce process for the right reasons. To learn more about affording a divorce or what to expect, call (866) 349-4117 today.

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Follow Your Divorce Decree to the Letter

Your divorce decree exists for a reason. It provides tangible evidence of the terms your spouse agreed to in the divorce. 

You may be tempted to give your spouse wiggle room when it comes to alimony payments, child support, or asset distribution. However, straying from the divorce decree may only hurt your financial outcomes and encourage more shady behavior from your spouse moving forward. 

Is a Divorce Decree Legally Binding? 

Your divorce decree is the legal document that marks the end of your marriage. It also spells out important details about child custody, spousal support, asset division, and visitation guidelines. 

Divorce decrees aren’t mere suggestions for how to behave after a divorce; they are legally binding. Your ex-spouse is required to follow these rules to a T. If you start giving them leeway now, they will only continue taking advantage of you. Worse, the court will assume that you were okay with their behavior, harming your ability to file a motion for contempt of court in the future.  

Once your divorce is finalized, go to the family court clerk’s office and request a certified copy of your divorce decree. Keep it on hand and ensure your spouse’s adherence to every term. 

Enforce the Elements of Your Divorce Decree Precisely

Ensure that your ex-spouse follows all of these aspects of your final judgment closely:

  • Sends alimony and/or child support payments on time according to the timeline in the decree
  • Adheres to all custody times precisely
  • Divides assets in accordance with the decree
  • Sells the house promptly

What If Your Spouse Refuses To Follow This Court Order? 

Your ex-spouse cannot simply refuse to follow the terms of your divorce decree. If they disagree with any of these terms, they will need to request a modification with the court. This is a legal process. 

If you do not agree with their modification request, they will need to present their reasoning in court and allow a judge to decide whether to grant it. Unless your ex-spouse’s requests are reasonable, the judge probably won’t grant their wishes.

Should your ex-spouse violate the divorce decree and not seek a modification, you can file a motion for contempt of court or request an enforcement action. This prompts the court to assess their actions and intervene. If your ex-spouse is found in contempt of court, the court can: 

  • Impose fines
  • Issue a warning
  • Create a new order that makes up for their non-compliance
  • Order your ex-spouse to comply by paying the support they owe, plus attorney’s fees
  • Impose jail time

Your first step should be to have your attorney contact your ex-spouse’s attorney and warn them about your intention to file for contempt of court. 

Contact Karen Ann Ulmer, P.C., for Divorce Assistance 

Do you need help enforcing your divorce decree? Karen Ann Ulmer, P.C., offers compassionate legal support throughout the divorce process. We can help you file a motion for contempt of court or request an enforcement action to prompt your ex-spouse to adhere to your divorce decree. 

Contact us today at (866) 349-4117 for a confidential consultation. 

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Stress of Divorce

Fewer things in life are more stressful than going through a divorce. Who will end up with the house? What’s going to happen to your kids? The stress of divorce, and its many unknowns, really can feel like it’s eating you alive.

But it doesn’t have to be this way. Below, find must-follow tips for managing stress throughout your divorce.

Follow the Boy Scout Motto and Be Prepared

What would happen if you were called into a work meeting, but hadn’t prepared any notes or talking points? You’d be pretty stressed, right? The same principle applies to your divorce.

You never want to go into a divorce unprepared. To be forewarned, as they say, is to be forearmed.

Stress reduction starts with preparing yourself for what’s going to come. The more you know what to expect, the more at ease you’re going to feel. That means you’re less likely to make rash decisions that could torpedo your divorce case.

This is why it’s so important to hire a good divorce attorney. Your lawyer can tell you what to expect in divorce negotiations regarding child custody arrangements, alimony, and property division.

Keep Your Organization Game on Point

The divorce process involves plenty of paperwork to fill out and deadlines to remember. It may be unpleasant, but if you want your divorce to go smoothly, you’ll need to treat organization like a full-time job.

Start by gathering important financial documents, such as bank statements, savings account information, retirement account details, and paystubs. Your lawyer will want to take a look at these to determine the fair division of property between you and your ex-spouse. If you have insurance policies (such as life insurance), make copies of those documents, too.

To stay organized, buy a binder and sort documents into categories, such as financial and legal. You can also scan documents and store them in the cloud or on your computer for quick access.

Take Care of Your Mental Health

The stress of divorce can be truly overwhelming and the emotional burden can be difficult to bear. Between talks with your ex and meetings with your lawyer, you might feel like there’s hardly any time to focus on yourself.

However, you won’t do yourself any favors by neglecting your mental health. Find moments where you can relax, breathe, and quiet your racing thoughts. It can help to keep a journal and talk to a therapist about how you’re feeling. And if you have a good friend, now’s the time to rely on them.

Having an excellent lawyer is a wonderful way to manage stress during divorce. Your lawyer will help by:

  • Providing solid advice to help you avoid legal mistakes that could jeopardize your financial stability
  • Handling paperwork so you don’t miss deadlines
  • Guiding you through divorce negotiations and ensuring a fair deal for you

Karen Ann Ulmer, P.C. deeply understands the stress of divorce and will work hard to make the process as smooth as can be for all involved. To schedule your consultation, call (215) 752-6200.

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