My husband and I have joint legal custody and joint physical custody of our three children. We both live in Montgomery County. The children go to private school. Can I move without getting a court order?
Answer:
Equitable Distribution Property
Montgomery County Equitable Distribution of Property Attorneys
The divorce lawyers at Shemtob Draganosky Taylor Stein, PC are experienced in handling property distribution cases. In Pennsylvania, the court divides all marital property in an equitable manner. However, the term “equitable division” does not necessarily refer to an equal division.
Contact us to learn more about your equitable distribution rights.
Marital Property Defined
Although there are some exceptions, assets acquired during the marriage, regardless of how they are titled, are part of the marital estate and therefore subject to equitable distribution. This will include assets such as real estate, pensions, 401ks, IRAs, businesses, brokerage accounts, stock options, stocks, CDs, money market accounts, bank accounts, the cash values of life insurance, automobiles, jewelry, and personal property.
Gifts from third parties and inheritances are excluded as marital assets. However, if these gifts were used to make a joint purchase or were put into a joint home, the jointly purchased property is included as a marital asset.
At Shemtob Draganosky Taylor Stein, PC, our attorneys work to ascertain exactly what should be included and excluded from the marital estate. When appropriate, we engage experts to value businesses or real estate. Our goal is to ensure all assets are located and that the correct value is assigned to each asset.
Factors When Determining Marital Property Division
When determining an equitable division of marital property, the court considers several factors, among them are which spouse is the custodian of the minor children, which spouse is earning more money and has the ability to earn more money, and whether either has money set aside in their own name that is not marital property. The court then determines an equitable division of assets based on the specific circumstances of each case.
Contact Shemtob Draganosky Taylor Stein, PC today to learn more about marital property distribution and how we can help you.
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I have to pay my ex-wife alimony for four more years. She is living with her boyfriend. Can I stop the alimony?It depends on what your property settlement says. If you have a property settlement agreement that is silent on whether or not alimony terminates upon remarriage or cohabitation, then it may not. Usually, the property settlement agreement will address that and say if it’s modifiable or if it terminates upon remarriage or cohabitation. If you did not reach a property settlement agreement, but instead went to court, and a court issued an order requiring you to pay alimony, then it is modifiable and you can petition to end the alimony as a result of the cohabitation.
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Can I move without a court order if we have joint custody and both live in Montgomery County?
Scenario:
The question really is if it will interfere with his ability to have his custody. In other words, if the children are continuing in their same private school and the drive back and forth to school and to his house doesn’t change his ability to have custody, then you likely do not need court permission. However, if the distance between your new house and your old house would significantly impact his ability to spend his time with the children, then it may be considered a relocation. This is unlikely but is certainly something to consider.
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My ex keeps taking me to court over minor parenting issues. Is there a way to stop the legal costs from adding up?
Scenario:
The father of my children and I can’t agree on anything. We can’t agree on the color of the sky. He has brought me back to court at least five times on minor issues, such as whether or not our daughter's “Blankey“ should go back-and-forth between households and whether or not I need to send diapers to his house. Is there anything I can do to stop the financial bleeding in this case?
Answer:
Pennsylvania has just recently reinstated parenting coordination. It became effective on March 1, 2019. You can request that the court assign a parenting coordinator to address these kinds of issues. They will make decisions quickly, and it is much more cost-effective. A parenting coordinator has to be an attorney who has practiced family law for at least five years or a psychologist with a minimum of a master’s degree. In addition, either the psychologist or the attorney has to have significant training in parenting coordination.
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I was wary about my rights as a father with my children and concerned about having enough time with them during the week and for holidays and breaks from school. Your help in hammering out a very detailed and fair custody agreement was appreciated more tha- Former Client
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Cynthia’s practical knowledge of negotiation and the law helped me in a tense situation where my ex-husband did not want me to take the kids with me and then refused to pay any support.- Former Client
