Archive for the ‘Divorce’ Category

How Your Divorce Lawyer Can Help You with Your Case in Philadelphia, PA

There are many ways that a Pennsylvania Divorce Lawyer can help with the divorce process. The attorney will help his client get the items he/she wants in the divorce because a neutral party who doesn’t have feeling attached to the situation should be the one talking to the judge. The divorcing couple cannot communicate effectively to the judge without feelings being displayed about the situation. The attorney can help with custody issues that center around the kids because that can be an extremely process to work a custody parent and visitation schedule.

 

With emotions running high over the issues of a divorce, it is not suggested that a divorcing party represent himself or herself during the court case. People often have too many feelings attached to be able to talk about the divorce to be communicate effectively to each other even when they know the right things to say and do to win the case. The divorcing couple are still bitter about the events that lead up to the divorce. This is where the Pennsylvania Divorce Lawyer comes into play; this professional knows how to talk to the judge in order to get the desired terms of the divorce.

 

The custody of the kids can be the most heated part of the divorce because neither parent wants to lose custody of their kids. A Pennsylvania divorce lawyer can help sort out custody vs. visitation schedules, child support issues, medical bill issues for the children, etc. Even after a custodial parent/ non-custodial parents are formed, there is understandably a lot of issues and questions on both ends that can be answered by the attorneys involved in the case. When in a custody battle, it is great to have the knowledge of a professional attorney to help you through the court process.

 

In conclusion, you will definitely notice the difference between hiring a divorce attorney and not hiring the professional. When you represent yourself, you will probably find that you didn’t get the terms of the divorce that you wanted. It may be bank account disputes, it may be property disputes (who gets the house, who gets certain items, custody issues, etc). The advice of a divorce lawyer will help your divorce go much smoother. This is especially true on getting advice on how to split the kids, and what’s a fair custody schedule for the minor children of the couple.

Complications Involved in Divorce Law in Philadelphia

 On occasion you may hear scuttlebutt around the office watercooler about how easy or complicated a divorce can be. Any person who has suffered the indignities of losing money, a home, car, or children in a divorce action probably had other comments to make, and one of them could possibly have been: ” I got screwed.” One can only assume this person neglected to hire a professional divorce attorney or merely hired a friend who specialized in real estate law. A law divorce is never simple or easy. No matter what arrangements that were made by the divorcing couple, in effect, saying: “let’s not use acrimonious language or a pejorative demeanor; lets keep the tone as friendly as possible,” were dreaming. There is, and probably always will be complications, including the good, the bad, and the ugly in Pennsylvania divorce proceedings.

 

Like most laws, the divorce laws of the State of Pennsylvania can be complicated to the point where confusion and frustration might be the order of the day. There are so many questions and options, why any person with a seed of common sense seeking a divorce or annulment should have a divorce lawyer by his or her side for professional consultation and advice. Attempting to go-at-it-alone without legal representation should be reminded of the Forest Gump movie when Tom Hanks uttered these famous words: “stupid is, as stupid does.”

 

Law divorce is full of questions and answers; some you ask and some you answer. When hiring a competent divorce lawyer, he or she will most likely know all the answer to any question a client might ask. It’s the lawyer’s business to know all the ramifications of a Pennsylvania divorce action.

 

So let’s touch on a few subjects to see if you know more than a divorce lawyer specialist.

 

* Do you know what the residency requirements are for Pennsylvania and where to fill a divorce action?
* Do you know the legal grounds for filing a divorce? If so, can you name all four?
* Can you name at least three out of six of the “fault” reasons why a divorce should be granted?
* Yes or No. Is mediation or counseling an option or a court requirement?
* Can you name at least 10 of the mitigating factors required for distribution of property, if any?
* What is the determining factor in spousal support, alimony or maintenance?
* Does the State of Pennsylvania have a viable no-fault law? What does a no-fault law mean, in terms of how it applies to a divorce?

 

These are applicable points that are directly involved in Pennsylvania divorce law. The Pennsylvania divorce lawyer you hire to be your quarterback knows how the game is played.

The Divorce Process in Philadelphia PA

Marriage can be extremely difficult for both parties. No matter how many times you may try to fix something, or how many times you wish to go to counseling together, sometimes the only solution to keep healthy is to have a divorce. If you are from the Pennsylvania area you can find a PA Divorce Process Attorney that will follow the laws of Pennsylvania and make certain you both know your rights.Anyone of the party members involved can request for a divorce by stating in the provided divorce papers that the marriage is not salvageable. What this means is that there is absolutely no chance to continue the marriage. What is also important to know is that both parties involved must come to an agreement in the agree to the divorce in writing, or they will need to be separated for at least 2 years to then proceed with the divorce process.

 

If two individuals have been separated for more than two years, but haven’t yet filed for divorce, one of them can request a divorce due to any of the following: adultery was committed, there was some type of cruel and inhumane treatment given that was endangering the life or health of the spouse, if one of the individuals was in prison for two or more years, this also includes personal indignities and any type of confinement in a mental institution when they are not to be discharged in under 2 years.

 

The entire process begins when you or your spouse files a “Divorce Complaint” with the Court of Common Pleas. Once the couple can agree on important issues involving property and finance distribution or child custody and support, the divorce can be completed and taken care of outside of the courtroom. If you don’t agree on the issues, the court sets a time for a hearing. A lot of time people will get extremely emotional and passionate during the hearings. The court understands that this is human nature and they want to make sure both parties are making the soundest decisions. If the court thinks that there is a potential for any possible reconciliation, they will ask to wait 90-days to make sure the parties wish to keep the same plans going.

 

Having a divorce is an extremely tough process. Both for the individuals directly involved as well as family and friends. Make sure both parties are certain they want to resolve the issue with a divorce. Know all of your rights for proceeding and do research on obtaining a proper PA Divorce process attorney to help you along the way.

Fault vs. No-Fault Divorce in Pennsylvania

Divorce Process – Fault vs. No-Fault in Pennsylvania

 

In the state of Pennsylvania, you have the option of filing a fault or no fault divorce. The first step when deciding to file for divorce is to have consultation with a PA Divorce Process Lawyer. It is important for you to be represented by a lawyer that knows the laws and they are able to analyze your situation and determine what is best for you. When a divorce is filed with someone at fault, the spouse has knowledge of something that occurred and that will support their reason for getting a divorce. An at fault divorce requires the spouse to prove infidelity, an unstable mental health problem, physical abuse, and their spouse misled them about being able to produce children prior to getting married. Being able to produce children may seem like a non important factor in a divorce. However, most people get married with the idea of having children and building a family. A no fault divorce does not require any of the spouses to prove one of the fault factors when filing for a divorce. A no fault divorce is granted by the courts just because two spouses do not want to be together anymore. The divorce is filed as irreconcilable differences and no questions are asked about the couple no longer wanting to be together.

 

It is important to retain a lawyer that knows the laws, understands your options, and will work hard with you being their best interest. Many years ago in Pennsylvania divorces were not granted unless it could be proven that a spouse committed adultery, had severe mental issues, or misled their spouse about being able to produce children. That rule did not allow many couples to divorce because non of the reasons applied to their situation. There are many divorces cases in the state of Pennsylvania that are granted under the no fault rule. The PA Divorce Process Lawyer will file your divorce on the grounds of being at fault in order to obtain alimony for their client or to prove why alimony should not be paid. Any PA Divorce Process Lawyer will meet with you and hear all of the facts before filing the divorce papers for you.

Choosing a divorce attorney – 5 tips you must know to find the right lawyer in Philadelphia

If you feel that your marriage is now beyond reparation, then you must consult your attorney. Selecting the right lawyer is as difficult as finding a perfect pair of shoes. You need to have a healthy working relationship with you attorney as you will spend several months with him/her. Divorce is a life changing decision and must be taken with utmost caution. So hire the best possible lawyer you can afford, one who will help you with children custody, property settlement and much more.

It is important to find a lawyer who is right for you in your case. Whether you are leaving or being left, this phase in life is very emotional and traumatic. Below are few tips that can help you while choosing your divorce attorney:

 

 

Make a choice – Discuss with family and friends who have been through a divorce and ask for references. Making a selection is difficult, but making a wrong selection while choosing an attorney is going to be even more painful and expensive. If, at any point in time, you feel that the shortlisted lawyer is not good, interview more lawyers and switch, the earlier the better. Try and choose an attorney from a smaller firm as he or she will be more flexible with time as compared to a partner firm.
Cost – Divorce attorneys generally charge per hour, depending on their experience and brand value. Some attorneys do offer reduced or no consultation fee to attract customers. However, some may charge you for the time spent on telephone and writing emails. You can also ask about the payment options to make necessary arrangements.
Location – The location of divorce attorney office may or may not be important, depending on individual needs. In case the lawyer’s office is far, then you may end up spend a lot of time commuting, not to mention added fuel cost that you will have to bear. However many localities have their own by-laws. Therefore, it is recommended to choose the attorney from the nearby locality.
Interview – You are advised to interview 3 – 4 lawyers and ask them few questions separately. You can select them from yellow pages or from the recommendations from family and friends. Ask them about their experience and number of divorce cases handled and the percentage of cases resulted in settlement. Do not hesitate to ask them about their. Additionally, familiarize yourself before interviewing attorneys as many localities have their own by-laws.
Compatibility – You must feel compatible and comfortable with the lawyer. The relationship between the lawyer and the client is very important as you will be discussing the facts of your life with him/her. Also think about your preference for male or female attorney. Irrespective of caste, age, color or gender, the comfort level is most important, so make sure that the attorney is one with whom you can share and talk freely.

 

 

With the above-mentioned tips, you are sure to find locating the right attorney easy. Best of luck in your search for a suitable attorney and for the legal battle ahead!

 

 

Child Custody Claims And Guidelines In Pennsylvania

Family law covers any and all matters pertaining to family related legal issues. Which covers any of the following:

 

– annulments and property settlements
– marriage & alimony
– parental responsibility
– spousal abuse, divorce, adoption, and
child abuse
The list just goes on from there.

 

When divorce happens, each party must of course, submit to a rigorous breaking down of what is most important to each side and who is going to take care of it. When children become involved this time of deciding can be exceptionally difficult. Determining custody of the children is not an easy task for the courts or the parents to undertake. Which is why an entire system of orders and rules is delegated for each situation.

 

In most cases, a divorcing couple is able to work out the issues concerning their separation on their own. Yet, when the problems they face become too hectic for them to resolve on their own there is the option of divorce mediation. With divorce mediation, a third party is brought in to iron out unresolved issues the couple might be facing. Matters such as splitting assets, paying taxes, and child custody are discussed by each person in the group and hopefully, this will result in these problems being resolved with the intervention of a mediator.

 

The basis for which each state’s child custody guidelines exists is determined by several factors pertaining to the family’s immediate situation. Which is to say that since each court case can vary, the order of operations for a parent gaining custody of a child are tailored to fit that family’s particular issues. However, given that there are so many domestic cases in our country per day, the individual states have seen to creating a certain criteria for local child custody claims.

 

The state of Pennsylvania for example, has a listing of legal custody guidelines covered under an order known as Chapter 1910 – Actions For Support, a collection of rules pertaining specifically to the state’s emphasis on child care and custody laws. Pennsylvania courts use several major guidelines in determining the way a child custody claim is laid out. These criteria include; a.) Which parent is more supportive toward the child about seeing the other parent. b.) A consideration of the conduct or behavior of each individual adult in the household. c.) A consideration of shared custody, and d.) The net income and earning capacities of each parent. Also, the state of Pennsylvania uses the “Income Shares” model to determine the amount of child support paid per month. For more information on this, or any other state’s guidelines for child custody, you can go online for a list of all ascertainable resources.

5 Tips to Remember when Speaking with Your Ex-Spouse

During the process of a divorce, there are natural changes to the relationship between you and your spouse and, many times, these changes are difficult to deal with. Those going through divorce commonly believe that once the divorce is final, any problems they may have had will be fixed, however, if children are involved, the most common issue divorcing couples run into is their ability to effectively communicate regarding alimony and/or visitation.  Keeping a peaceful, consistent, and civil line of communication with your ex is essential for your child’s well-being.  The following are a number of tips from an experienced divorce lawyer to keep in mind when continuing communication with your ex following a divorce:

1. Remain Calm and Mature

The goal is conflict-free communication.  Whether speaking via email, phone, text, or in person, it is important to remain calm and mature while having your child’s best interest in mind.  It is easy to allow the negative feelings of the divorce resurface, but it is important that you act respectfully and not antagonize your ex.

2. Show Restraint and Poise

Your ex may not show the same courtesies to you, in fact, he or she may intentionally argue, antagonize, provoke, or be difficult with you.  If this happens, it is again important not to drop to this level and show restraint, especially if children are physically present.  Many people are better behaved in a public setting than in private, so if physical conversations are necessary and your spouse is not cooperative, try for a public location instead. Furthermore, it is sometimes a good idea to ask a mutual friend or family member to step in and help if there are issues surrounding subjects such as visitation, drop-offs and pickups.

3. Communicate Consistently 

Consistency is an important concept when communicating with your ex.  It is important to be in contact on a consistent basis in order to create a sense of stability not only for your child, but for both of you as well. Any experienced divorce lawyer has heard of the idea that “no communication” is better, as it may help you to avoid misunderstandings and potentially volatile situations, however, it sends subtle messages to your children regarding your emotional state and your personal feelings towards your ex.

4. Do Not Use Children

Possibly the most important aspect of communicating with your ex is not to allow yourself to use your children as tools or pawns to spite or hurt your ex.  Trust us divorce lawyers on this one! This commonly occurs when parentsplace the children in the middle of their conflict and attempt to turn them against the other parent. This parent attempts to devalue the other parent in the eyes of the child with the hopes to “ally” the child to their own side against the other.

The relationship between you, your ex, and your children is not one of politics or strategy, it is simply a new form of how your family will progress. All too often, there is at least one resentful and/or angry spouse following a divorce and the reality is that, many times, this spouse is all too willing to use the children as weapons in the divorce and post-divorce relationship. These types of parents do not seem to understand that the only victims of this type of behavior are the children.

5. Focus on Your Children

Similarly, it is vital to keep any conversations with your ex focused on the children’s’ well-being.  Do not let conversations stray to topics dealing with reasons for the divorce, lingering feelings of regret or anger, or arguments regarding money/alimony.  The sole reason why you are still communicating is your children and there is no need to get into a discussion with your ex regarding your personal needs or his/her feelings; it should always be about your children.

While this is by no means an exhaustive list of topics and issues to keep in mind when communicating with your ex following a divorce, it is a good starting point.  An experienced divorce lawyer is able to advise you further on how to effectively communicate with your ex and it is vital to speak with a divorce lawyer during the process of your divorce.

Does a Cheating Heart Mean Divorce is Around the Corner?

Divorce is messy enough without adding the fact that your spouse committed adultery. The first thing you should do once the secret is out is to really think about your next step. Maybe you should take some time to heal before making any harsh decisions or maybe you know that divorce is the only option. Either way, take time to talk to your spouse and to think about the after effects. This is especially important if you have children.

So let’s say you have thought things through and divorce is the answer. Now you need to determine your state laws. In some states, adultery may equal divorce, but in other states it would be considered a no-fault divorce. A no-fault divorce means that the spouse who wants the divorce has no obligation to prove that the other person is guilty of adultery. However, if you have children and they will be effected by the adulterer, then that changes the ground rules of your no-fault divorce. Overall the most important thing is to think about the children and the divorce’s impact on them. Speak with a legal professional to decide what is best for you and your children.

 

 

 

NJ Permanent Alimony

It looks like the alimony laws in New Jersey are soon to be changed. According to the Gnall v. Gnall court ruling, marriages over fifteen years lead to permanent alimony. Usually permanent alimony is given to marriages that last twenty to thirty years. As you can see, that is a huge difference in the amount of time together. Divorce rates are high today and 50% of marriages end in divorce. The stakes are high and this means that many more people will be forced into alimony for years. Charles Mainor is the bill sponsor for this law and is open to hear the thoughts of people to make it more fair and balanced. One woman speaks out against what this will do for women. Read the article online to see more of her thoughts.

PA No Fault Divorce

A fresh start may be easier and cheaper than you think.

Reinherz & Reinherz – The “Fresh Start” Law Firm.

$800 Premium, No-Fault Divorce

This is NOT your ordinary ‘no-fault’ divorce. Dollar for Dollar, we offer the most comprehensive package from Philadelphia to PittsburghPennsylvania for No Fault Divorces. No firm is more accessible, caring and responsive than the team at Reinherz & Reinherz.

For what many attorneys charge for initial consultations and retainers, Reinherz Law will bring you peace of mind knowing that your PA Divorce situation will be handled with the utmost care and attention.

If you’d like a quick start, please CLICK HERE and fill out our form. We will start the process FOR FREE the very next business day from when we receive your Quick Form(TM).

Google

Free Bankruptcy Evaluation Button
Free Bankruptcy Evaluation Button
Call Today Button
Call Today Button
Sign Up For Our Mailing List Button
Sign Up For Our Mailing List Button