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:
I have been married for 30 years and inherited $100,000 about seven years ago. I invested it in various stocks, bonds, and mutual funds in my name alone. It is now worth $170,000. My husband and I are separating, and he thinks he should get half of this, but I think it is mine. It is in my name, and I inherited it. What is the law?
Answer:
Under Pennsylvania law, the inheritance of $100,000 is yours. It is non-marital as long as you kept it in your name alone. However, the increase in value of the $100,000 is marital. So, of the $170,000, $100,000 is yours and $70,000 is both of yours and should be divided equitably between you and your husband.Scenario:
Unbeknownst to me while we were married, my wife obtained a credit card in her name and ran up debt of $25,000. I had no idea she even had this card and did not find out until we separated. She did not buy anything for me or for the house. It is all clothes and lunches out with her friends. Now, she wants this credit card to be paid from the proceeds of the house when we sell it. I say this is her problem and her credit card, and she should pay it. What is the law?
Answer:
Debt acquired during the marriage but before separation is marital debt, regardless of whose name it is in. This is also true of assets. Therefore, under the Pennsylvania Divorce Code, the $25,000 credit card debt is marital and is the responsibility of both of you. This does not mean that your attorney could not argue that it is not equitable for you to be responsible for any of it or that your wife should be responsible for the lion’s share of it. That is where creative lawyering comes in.
Scenario:
My husband and I have both worked all through our marriage of 17 years, and we have three children. He always made a lot more money than I did. He earns close to $300,000 a year and I make about $30,000. His 401k is worth about ten times as much as mine. Now, we are divorcing, and he says his pension is his since it is in his name, and he worked for it and saved it. I do not think that is fair. I raised our children and worked. I just could not make or save money. What is the law?
Answer:
Under Pennsylvania law, anything acquired during the marriage but before separation is both of yours regardless of how it is titled (there are some exceptions). Therefore, even though that pension is in his name, it is as much yours as it is his, pursuant to the Divorce Code. Keep in mind, however, that anything he contributed to the 401k prior to your marriage or after your separation is his and not a marital asset.
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.
Scenario:
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:
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.
An uncontested divorce occurs when both spouses agree on all major issues, including property division, child custody, and support arrangements. The absence of disputes allows for a more amicable process, reducing emotional strain and legal costs.
The duration of an uncontested divorce can vary, but it typically takes around 3 to 6 months from the time the paperwork is filed until the divorce is finalized. This timeline can be shorter if both parties are cooperative and all necessary documents are submitted promptly.
Before meeting with a divorce lawyer, it's essential to gather relevant documents to facilitate a productive discussion. This includes financial records such as bank statements, tax returns, and information about assets and debts. Additionally, consider any agreements regarding child custody and support if applicable. We also recommend preparing a list of questions or concerns you may have about the divorce process.
Before meeting with a divorce lawyer, it's essential to gather relevant documents to facilitate a productive discussion. This includes financial records such as bank statements, tax returns, and information about assets and debts. Additionally, consider any agreements regarding child custody and support if applicable. We also recommend preparing a list of questions or concerns you may have about the divorce process.
Hiring a divorce lawyer offers numerous benefits when navigating the complexities of divorce proceedings. Firstly, a divorce lawyer provides seasoned legal advice tailored to the individual's specific situation. This means that they can advocate for your rights and interests. They are skilled in negotiating settlements and can help pursue a fair division of assets and an amicable agreement on child custody arrangements. Additionally, having a lawyer can reduce the emotional stress of managing legal paperwork and timelines, allowing individuals to focus on healing and moving forward.
Before meeting with a divorce lawyer, it's essential to gather relevant documents and information to facilitate a productive discussion. This includes financial records such as bank statements, tax returns, and information about assets and debts. Additionally, consider any agreements regarding child custody and support if applicable. At Shemtob Draganosky Taylor Stein, PC, we recommend preparing a list of questions or concerns you may have about the divorce process. This preparation will help us understand your situation better and tailor our advice to your specific needs.
The attorneys at Shemtob Draganosky Taylor Stein, PC are indeed trained in collaborative law, which is particularly beneficial for Montgomery County cases. Collaborative law involves a team approach where attorneys and other professionals work together to negotiate favorable outcomes for both parties. This method is designed to create a cooperative environment and can be especially effective in complex or high-asset divorce cases where multiple interests must be balanced.
Yes, alternative dispute resolution (ADR) methods, including mediation, can save money in a Montgomery County divorce. ADR typically requires less time than court litigation, reducing legal fees and court costs. Additionally, it encourages collaboration, which can prevent the escalation of conflicts and associated expenses. By resolving issues out of court, parties often find ADR to be a more cost-effective approach to handling their divorce.
Legal separation and divorce are two distinct processes with different legal outcomes. In Montgomery County, a legal separation allows couples to live apart and make arrangements regarding child custody and financial responsibilities without formally ending the marriage. This option can be beneficial for couples who may still hold religious, financial, or personal reasons for maintaining their marriage status. Conversely, a divorce legally dissolves the marriage and resolves all related issues, including property division, alimony, and child custody. It is essential to understand which option aligns best with your circumstances, and consulting with a family law attorney in Montgomery County can help clarify the best path forward for you and your family.
Child custody decisions in Montgomery County are centered around the best interests of the child, considering factors such as the child's physical, emotional, and mental well-being. The court evaluates the ability of each parent to provide a stable and nurturing environment, the child's preference, and the level of conflict between parents, among other elements. Joint custody is often favored, allowing both parents to participate actively in the child's life unless circumstances dictate otherwise. Legal counsel can assist in crafting a custody agreement that honors the court’s standards while addressing your family’s unique needs. Understanding these considerations ensures a smoother legal process and contributes to a more amicable co-parenting relationship.
During a divorce in Montgomery County, property division is governed by equitable distribution laws, which focus on fair rather than equal division. This involves assessing various factors, including the length of the marriage, each spouse's financial situation, and contributions—both economic and non-economic—to the marriage. Our attorneys at Shemtob Draganosky Taylor Stein, PC, work diligently to protect your interests and ensure you receive a fair division of marital assets. Understanding how these rules apply to your circumstances can significantly impact financial stability post-divorce, making it vital to have knowledgeable legal assistance to navigate this complex aspect effectively.
Collaborative divorce offers a respectful, non-adversarial alternative to traditional litigation in Montgomery County. This approach focuses on mutual respect and cooperation, allowing both parties to discuss their needs and work together toward a fair settlement. By involving professional financial advisers, child specialists, and communication coaches, collaborative divorce can address complex issues efficiently and preserve relationships, which is particularly important when children are involved. Our attorneys have experienced considerable success with collaborative divorce, supporting clients in achieving more personalized and amicable outcomes. If you seek a constructive legal process, collaborative divorce might be the optimal choice for your family.
Prenuptial agreements are legally binding in Montgomery County, provided they meet necessary legal standards and are executed voluntarily by both parties. These agreements can specify how assets will be divided and any alimony obligations, providing clarity and protection for both spouses in the event of a divorce. It is crucial to ensure that the prenuptial agreement is comprehensive and fair, without coercion or fraudulent actions, and accompanied by full financial disclosure from both parties. Our team at Shemtob Draganosky Taylor Stein, PC can provide thorough preparation and review of prenuptial agreements to safeguard your interests and uphold their efficacy in judicial proceedings.