Having an easy divorce process isn’t something that happens to some parting couples by chance. Instead, it is something that is achievable through preparation, even for the most hostile separations. In fact, some of the most hostile separations can be the simplest since the couple is often motivated to get things done more quickly. It comes down to finding the right lawyer with the right style to fit your divorce needs and making the right choices leading up to the divorce process.

The following tips can be beneficial to reaching a quicker decision while keeping your own interests at the focal point.

Choose a Process Ahead of Time

Rather than seeing how things pan out, it makes good sense to go into the process with a clear idea of how you want things to proceed. Rather than hoping things don’t go to arbitration, come to the conclusion that you don’t want arbitration. If you are concerned about mediation since you feel your spouse will be too hard to work with, prepare for arbitration to begin with. It can also pay to consider other methods such as collaborative law and outside of court negotiation. Every situation is different and can’t be figured out in a one-size-fits-all plan.

Take Breaks

If things get too heated, words that can’t be taken back are being said, or things are moving in an unhelpful manner, taking a break can be beneficial for both parties. The language used during divorce proceedings can become toxic quickly. While it may feel immediately good to have more hurtful comebacks, it won’t help the proceedings along and could lead to more time in limbo. Instead, decide to work for the greater good and take the time you need when things get under your skin.

Consider All Options

While you may go into the proceedings convinced you know what you want out of it, a better compromise could be around the corner if you stay open. For instance, you may believe you absolutely want to keep the house, but your spouse may be unable to afford a new place and willing to give you something you didn’t consider like a vehicle or vacation home. In some cases, giving up your bottom line can lead to a better compromise that leaves both parties in a happier position.

If you are considering divorce, it can pay to work with a lawyer from the first steps. Rather than considering what you want out of the divorce, contact us today to get advice from seasoned professionals that understand the bigger picture in divorce proceedings.

When it seems separating is imminent, it’s easy to resign to life without marriage and assume nothing more can be done. However, this can be one of the worst decisions to make both for your marriage and legally speaking. Ending a marriage is a much bigger decision than ending a dating relationship as it has many legal ramifications that could be felt down the line for each of the parting spouses.

This is particularly important if you have children, pets or major financial investments together. Rather than rushing into the idea that the marriage is over, there are considerations to make before you and your spouse even decide to live in separate homes, let alone formally file for a divorce.

Couples Counseling

Even if all hope for reconciliation seems to be lost, couples counseling can do a lot of good for the two spouses. This can help the two discover what went wrong in the marriage, leading to more successful marriages for both down the line. Additionally, this can help both people cope with what has happened and move forward in a more productive manner. Even better, this can help rebuild the bridge to help the divorce proceedings along in a less hostile manner. Even if your spouse is not willing to go to the sessions, it could help an individual on their own.

Find an Attorney

No list for divorce would be complete without consulting an attorney. In many cases, it can be a good idea to speak with an attorney before you even let your spouse know you have decided on divorce. An attorney can give you the right information to share with your spouse about how the divorce would go and can help you gather the right information you will need for your case before your spouse can limit access. Most importantly, an attorney can let you know what actions could lead to legal issues down the line before it’s too late to undo the damage.

Safeguard Assets

During separation, each spouse should take possession of certain assets, particularly items they will each be using such as specific furniture or vehicles. A Lis Pendens can be filed in the Deeds Office of the county you and/or your spouse own property. This puts third parties on notice of your claim to have an interest in the real estate. Simply put, a lis pendens is a notice of pending litigation that could affect real property and is an extra step of self-protection prior to divorce.

If you are considering divorce, contact our team at Malamut & Associates today. We understand how to protect our clients at every step during a divorce proceeding.

Creative and child support are not words often heard together but being more imaginative and inventive when it comes to child support and custody arrangements can lead to a better result for everyone involved. By looking at creative solutions rather than focusing on only the logistics, you can find a solution that will better serve the child and lead to co-parenting before the divorce is even finalized.

These solutions are a great tool when the divorce is particularly contentious. For parents that want to set up the least stressful situation for their child but know the communication process will be difficult at best, there is nothing wrong with thinking outside of the box. The following solutions will take much of the communication needs away and lead to a smoother process in co-parenting.

Setting Up a Fund

If the child has a lot of extracurricular activities or is on his or her way to an expensive college, costs will add up quickly. Rather than being on one parent or having a payment system, a fund can be set up to cover those costs. This can be placed in a savings account and will be moved into designated accounts when the need arises. It also takes away the need to regularly communicate, as the account would be for those needs alone.

One Parent Handles Extracurriculars

In the same issue, one parent could agree to handle all of the costs that come with the extra activities rather than continually communicating. There are also agreements that could be made where the extra activities would be split between the two parents. For instance, if a child both plays the violin and is in softball, each parent could handle one set of the costs rather than trying to split everything for each.

Specified Ranges

If one parent is better off than the other, there could be an agreement that a certain amount of money would be paid toward other expenses for the child each year or month. For instance, if the extracurriculars are going to cost $2,500 each year and one parent cannot handle the expenses, the parent with better finances could agree to handle those costs rather than trying to get down to the nickels and dimes each can afford.

Consider Assets

If one parent has more assets than the other, they might be able to afford more support or have the child support adjusted based on the community and separate property costs.

Each child support agreement should be based on what will work best for each family, with the needs of the child first. If you are having issues with child support or want to work with a team that focuses on case-by-case solutions, contact us today.

While there are no specifically established rules in New Jersey regarding who keeps a pet after a divorce, the issue is becoming more common. In fact, some surveys suggest that nearly one-quarter of lawyers have seen a significant increase in divorce cases were custody over a pet has been an issue.

With the rise in cases, judges are beginning to view pets in a more similar light to children as opposed to inanimate possessions. Until recently, pets were treated the same as property and were referred to as such in divorce proceedings in New Jersey. With complaints from the ASPCA and the Humane Society, that language is beginning to change, with more factors weighing into custody decisions for dogs, cats, birds, fish and other pet companions.

Factors in Determining Pet Custody

1. Who Spent More Time with the Pet. When one spouse spends more time with the pet than the other, it is taken under heavy consideration by the court. Typically, whoever spends more time with the animal will be granted custody. This is to consider the pet’s well-being during the transition of divorce and lessen their stress levels during the big change.
2. Primary Custody of Children. If the divorcing couple also has children, the primary custody of those children is also weighed into who will have custody of the pet. This is because the companion of an animal will have a positive effect on the children as they also cope with the divorce. Even further, separating a child both from a parent and their pet at one time can be overwhelming and disorienting. This means keeping the kids with the pet is often in the best interest of the children.
3. Basic Needs of the Pet. When one spouse meets the basic needs of the pet, such as feeding and vet appointments, it is likely they will retain custody. Other factors, such as walking and grooming a dog, is also considered. This is to help the animal retain as much of their learned environment and lifestyle as possible.

If you have a pet and are going through a divorce, contact us today to ensure your rights are protected and your companion’s needs are considered in your proceedings.

Every area has its own regulations and laws that govern how divorce procedures are handled. Living apart from your spouse doesn’t end a marriage. Instead, there is a specific procedure needed to dissolve a marriage. In Pennsylvania, there are two types of divorce: no-fault and fault-based divorce. Even further, there are two types of no-fault divorces.

No Fault Divorce Types

• Mutual Agreement. After one of the spouses goes forward and files for divorce, after 90 days pass from being served, they can file an Affidavit of Consent to expedite the process. In this process, the division of property can be handled in a Property Settlement Agreement and a few other legal papers to complete the divorce. This is the quickest and easy way to get a divorce in Pennsylvania.
• When one of the spouses doesn’t agree to a divorce, the spouses must live separately for two years at a minimum and the marriage must be irretrievably broken to divorce. However, the spouse can file the paperwork for divorce before the two years have passed so it will go through quicker once the period is over.

Cost

The filing fee is only $328.98, which can be paid with a money order. For those who cannot afford the fee, it may be waived by filing a petition to proceed In Forma Pauperis (IFP).

Do I Need a Lawyer?

Sometimes, though not often, you won’t need a lawyer. When a marriage is short lived, there is little to no property to divide, the agreement is mutual, and neither is looking for spousal support, along with not having children, a divorce can be done without seeking legal counseling. However, if even one of those factors is true, it’s time to protect your rights.

If you’re considering divorce or suspect your spouse may be considering the option, contact us online today or give us a call. At Reinherz Law, our team of divorce attorneys understand how the law works in Philadelphia and can put our years of experience to work to ensure you get the best possible outcome.

Though no two divorces are exactly the same, there are certain steps that, by law, must be completed for every divorce in the state of New Jersey. Whether you have already made the decision that you are going to end your marriage, have just been notified by your spouse that they are filing for divorce, or simply want to start gathering information because you are considering the idea of divorce, the more you know about the steps in the New Jersey divorce process, the more control you will feel you have over the situation. The attorneys at Reinherz & Reinherz understand that divorce is an emotional and confusing process, and we are here to help. Call us to set up a consultation to learn more about our philosophy, and how we can help.

The state of New Jersey requires that at least one member of a couple filing for divorce in the state has been a resident for at least twelve consecutive months before the filing. You can file for either a no-fault divorce or a fault divorce depending upon your situation. If you file for a no-fault divorce, it can be based upon having lived separately for at least 18 consecutive months before the complaint is filed with no hope for reconciliation or because you agree that you have irreconcilable differences that have been in existence for at least six months. In a fault divorce, you will need to provide proof and testimony about wrongdoing such as cruelty, adultery or desertion. In most divorces where fault is present, the couple still opts for a no-fault divorce filing in order to avoid unnecessary pain and stress.

Divorce is a process that puts an end to an existing legal agreement, and by its very nature, that means that it requires a lot of paperwork. You will need a variety of documents regarding your marriage, your personal information, proof of your residency, information on any children you may have, and any court orders such as adoption papers, child support or custody orders, police reports if there has been domestic violence in the marriage, and financial information such as bank statements, deeds, titles and tax returns. These papers will be used to verify the assets and specifics of the marriage and will be used to facilitate negotiations regarding division of property and debt, alimony and spousal support, child custody and child support, and other items. Complaints will be filed with the court and mediation will be encouraged rather than going to litigation. It is a good idea to know what you hope to accomplish in order to effectively negotiate. The state of New Jersey encourages mediation, and even when a divorcing couple needs to go to court, many issues are usually already resolved. However, if a couple cannot come to terms, then the court will make decisions on each of the issues.

At Reinherz & Reinherz, we believe that every divorce is its own separate journey and we are here to help you through it. Contact us today to learn more about our divorce mediation and New Jersey divorce litigation services.