Michael E. EisenbergMontgomery County Family Law Attorney | Bankruptcy, Estate Planning2024-03-18T09:51:47Zhttps://www.meelawoffice.com/feed/atom/WordPressOn Behalf of Michael E. Eisenberg, Attorney at Lawhttps://www.meelawoffice.com/?p=504952024-03-18T09:51:47Z2024-03-18T09:51:47ZWhen divorce parties have control
Divorcing spouses can decide on the terms of their property division by themselves. They can do so in two ways: by establishing a marital settlement agreement and by enforcing an existing prenuptial (prenup) or postnuptial (postnup) agreement.
The difference between the two approaches is that marital settlement often happens after the parties have decided to get a divorce, while prenups and postnups are ones a couple establishes prior or during the marriage, respectively.
With both methods, parties can discuss and negotiate the terms of dividing their assets and debts outside of court. The agreement can cover various assets such as real estate, retirement accounts, personal property and more.
Subject to the court’s review and approval
While spouses can control the division of properties if they decide to end the union, whatever agreement they may have is still subject to the court’s review. This ensures that the agreement is fair and equitable to both parties while complying with the applicable laws governing property division and those contracts. Only if the agreement meets the legal requirements will the court approve and enforce its terms.
Learning rights and limitations
Separating spouses can play an active role in many aspects of their divorce, including determining the terms of property division. Nonetheless, this freedom has its limitations, noncompliance of which can lead to a more complicated situation and consequences.
Hence, it is advisable for individuals going through a divorce to consult with a family law attorney to understand their property division options and continuously protect their rights.]]>On Behalf of Michael E. Eisenberg, Attorney at Lawhttps://www.meelawoffice.com/?p=504942024-03-08T14:20:46Z2024-03-08T14:20:46ZBut does being unhappy count as a valid reason for divorce in Pennsylvania?
You can file for a no-fault divorce
In Pennsylvania, a divorce doesn't necessarily require proof of fault, like adultery or abuse. The state recognizes what's known as "no-fault" divorce. In this type of divorce, couples can part ways without blaming each other. There are a few grounds for a no-fault divorce in Pennsylvania, including mutual consent, where both parties agree it may not be possible to fix the marriage, and institutionalization, which applies if your spouse has been confined to a mental institution for at least 18 months with no prospect of discharge.However, the ground most relevant to your situation could be the irretrievable breakdown of the marriage. State law does not explicitly list being unhappy in a marriage as a legal ground for divorce. But, if your unhappiness leads you to conclude that you cannot repair your marriage, this could contribute to the grounds for a no-fault divorce.
Knowing your legal options
Even if one party does not agree, you can still potentially file for a no-fault divorce. If you and your spouse have lived separately for at least one year and you believe you cannot repair your marriage, you can still file for divorce on these grounds. In this situation, it might be time to take the following steps.Filing for a no-fault divorce could become the first step towards finding your happiness again. When you feel ready, consulting with a legal professional may be beneficial. They can help you understand the divorce process in Pennsylvania and make informed decisions about your future.Remember, it's not about assigning blame or dwelling on past mistakes. It's about taking steps towards a happier, healthier future for yourself.]]>On Behalf of Michael E. Eisenberg, Attorney at Lawhttps://www.meelawoffice.com/?p=504932024-03-05T18:44:12Z2024-03-05T18:44:12ZAssess your financial situation
A couple’s financial situation was one of the most common reasons for divorce for the 989,518 divorces that happened in 2022. Unfortunately, after your divorce, you also need to be mindful of your finances. Begin by assessing your current financial situation. Review your assets, debts, income and expenses. Use this information to make informed decisions.
Create a budget
Develop a budget to help you manage your finances post-divorce. Calculate important expenses, such as housing, utilities, food and transportation, and allocate your income accordingly. Cut non-essential spending and focus on saving and debt repayment.
Establish financial goals
Set realistic financial goals for yourself. Whether you need to build an emergency fund, pay off debt or save for retirement, create clear objectives that will help you stay focused and motivated.
Explore income opportunities
Consider ways to increase your income. You may pursue additional education or training to advance your career. You could also seek higher-paying job opportunities or explore freelance or part-time work.
Protect your credit
Close joint accounts if possible after a fair division of these assets. Make timely payments on any remaining debts to avoid damaging your credit further.
Update your estate plan
Review and update your estate plan to reflect your new circumstances. Review your beneficiary designations on insurance policies and retirement accounts and create or revise your will and powers of attorney.
Do not hesitate to seek professional financial guidance if you are unsure how to proceed. A financial advisor can provide personalized advice based on your unique circumstances and help you develop a plan to achieve your financial goals.]]>On Behalf of Michael E. Eisenberg, Attorney at Lawhttps://www.meelawoffice.com/?p=504922024-02-27T13:42:02Z2024-02-27T13:42:02ZHowever, the decision to allow visitation in these scenarios often depends on whether it is permitted through a court order. In most instances, children have the right to visit their parents in prison, but some facilities may not be child-friendly, posing safety and security risks. The court could allow visitation based on the following factors:
The child's relationship with the incarcerated parent before entering prison
The preferences of the child
Any special needs and the maturity of the child
Details concerning visits, such as the child's travel time and distance to go to the facility
The facility's schedule for visitations
The incarcerated parent's wishes
The court can control how these visits happen to prioritize the child's best interests. Sometimes, the court can require supervision in addition to existing security personnel in the facility.
Adjusting visitation restrictions
When the court allows visitation at a correctional facility, the arrangement can include additional details that only apply to this scenario. Additionally, the judge can change or adjust the forms of contact the child can have with their incarcerated parent.
In some cases, physical visits can be impossible, only allowing video conferences and other communication channels, such as sending letters and having phone calls. The arrangement might not be perfect, but these adjustments can help the child maintain a fruitful relationship with their parent despite these unavoidable limitations.]]>On Behalf of Michael E. Eisenberg, Attorney at Lawhttps://www.meelawoffice.com/?p=504902024-02-14T17:27:59Z2024-02-14T17:27:59ZFinances
Over time, financial situations can experience growth or setbacks. When your financial landscape transforms, it is prudent to update the prenup to reflect these changes accurately. Whether it is a successful business venture, a significant increase in income or the accumulation (or loss) of assets, ensure that the agreement aligns with your current financial reality.
Careers
Career trajectories often take unexpected turns. If one or both of you experience a shift in your professional life, such as a new job, promotion or even a career change, you should adjust the prenuptial agreement accordingly. This ensures that the document remains in harmony with your present circumstances.
Family additions
Your family dynamics can transform with the arrival of children or changes in the family structure. If there are new members added to your family, revisiting the prenup becomes important. This helps in addressing the financial responsibilities and considerations associated with your evolving family situation.
Relocation and property ownership
It is common to relocate to new places, acquire additional properties or make changes to existing real estate holdings. In such cases, updating your prenuptial agreement ensures that these property-related aspects are accurately documented and accounted for, preventing potential disputes in the future.
Evolving legal landscape
Laws and regulations about marriage and financial matters can undergo modifications over time. Consulting with a professional to understand these changes and updating your prenup accordingly helps ensure that the document remains legally sound and compliant with the current legal landscape.
Regularly revisiting and updating your prenuptial agreement can contribute to your financial harmony and sense of security throughout your marriage’s many changes.]]>On Behalf of Michael E. Eisenberg, Attorney at Lawhttps://www.meelawoffice.com/?p=504892024-02-14T07:51:46Z2024-02-14T07:50:21ZDetermining the duration of support
By its very nature, alimony pendente lite is temporary. Courts give this type of support to the lower-income spouse based on a variety of factors related to their need and the other spouse's ability to pay. These factors include:
The income and earning capacities of both spouses.
The duration of the marriage.
The standard of living established during the marriage.
The financial resources and needs of both spouses.
Alimony pendente lite remains in effect for the entirety of the divorce case. This could be a few months for more straightforward cases or over a year for more complex ones. Once the divorce is final, alimony pendente lite concludes. Post-divorce alimony, if awarded, is a separate matter. The court's decision on this depends on several factors, including the financial situation of both parties, the length of the marriage and the lifestyle maintained while married.
Needing help as a recipient or payer of the support
Understanding alimony during a divorce can be complex. For the spouse paying alimony pendente lite, the court-ordered amount should not place an undue burden on them and should align with their financial capacity. For the spouse receiving support, the amount should be sufficient to cover legal costs and support their standard of living throughout the divorce proceedings. Given these complexities, it can be beneficial for both parties to seek a lawyer. Such a professional experienced in family law can help achieve a fair and balanced alimony agreement that respects the interests of both parties.]]>On Behalf of Michael E. Eisenberg, Attorney at Lawhttps://www.meelawoffice.com/?p=504872024-02-06T19:04:54Z2024-02-06T19:04:54Z1. Avoid emotional distress
Social media can be a breeding ground for emotional distress during a divorce. Seeing your ex-partner's posts or updates can trigger painful memories and emotions, making it harder to move forward. Additionally, comparing your own life to the seemingly perfect lives portrayed on social media can exacerbate feelings of loneliness and inadequacy.
2. Protect privacy
During a divorce, privacy becomes more important than ever. Posting personal details or updates about your divorce on social media can jeopardize your privacy and even impact legal proceedings. Avoiding social media altogether reduces the risk of inadvertently sharing sensitive information that could come back to hurt you.
3. Prevent misinterpretation
Communication via social media lacks the nuances of face-to-face interaction, making it easy to misinterpret messages. Your ex-partner can misconstrue innocent comments or photos shared on social media, leading to misunderstandings or unnecessary conflicts. By refraining from social media, you can minimize the risk of misunderstandings and maintain clearer communication channels.
4. Preserve relationships
Divorce often leads to changes in social circles and mutual friendships. Posting about your divorce on social media may strain relationships with mutual friends or acquaintances, forcing them to take sides or feel uncomfortable. By avoiding social media, you can maintain positive relationships with mutual connections and minimize potential conflicts.
For 45% of couples, troubles in their partnership link directly to social media use. When those issues lead to divorce, taking a break from social media may help both parties focus on the healing process.]]>On Behalf of Michael E. Eisenberg, Attorney at Lawhttps://www.meelawoffice.com/?p=504862024-02-01T15:31:29Z2024-02-01T15:31:29ZDivorce isn’t just an emotional parting; it’s a legal one, too. Neglecting your rights could jeopardize your ability to make certain claims after the process. That's why it's crucial to understand what to request during divorce proceedings. This knowledge can prevent you from overlooking certain entitlements that could positively impact your life thereafter.
Your right to support and benefits
Divorce is a complex process, and understanding what you’re entitled to ask for during the proceedings is critical. Here are some claims to consider for your divorce complaint:
Alimony: If you were the lower- or non-wage-earning spouse during your marriage, consider asking for alimony or spousal support.
Division of property: If you and your spouse have acquired property during your marriage, ensure that you ask for a fair division. This includes both real property (like houses) and personal property (like cars and bank accounts).
Lawyers’ fees and expenses: Divorce proceedings can be costly. If you believe your spouse should cover your legal costs, raise this issue during the proceedings.
Military benefits: If your spouse is in the military, you might be eligible for additional benefits. Address these issues during the divorce proceedings.
The most important thing is to address all relevant issues at the outset. Failing to do so could mean losing your right to make these claims post-decree.
Processing your requests and concerns
While preparing to make these claims, understand that standard divorce forms may not cover all complexities. In Pennsylvania divorce procedures, you might need additional forms or even legal assistance for these matters. If you’re uncertain about anything, consider consulting a legal professional. They can guide you through the process and ensure that you’re making all necessary claims to protect your interests, both now and in the future.Remember, it’s your right to ask for these things, so assert them confidently.]]>On Behalf of Michael E. Eisenberg, Attorney at Lawhttps://www.meelawoffice.com/?p=504842024-01-18T12:31:00Z2024-01-18T12:31:00Zfactors determine the calculation of spousal support, including whether child support is being paid. Below are some ways child support payments affect spousal support determination.
Considering available income
When calculating spousal support, the courts consider the income and earning potential of both spouses. If one spouse is paying child support, this could potentially reduce their available income, which the court can consider when determining their ability to pay spousal support.
Prioritizing the child’s needs
To ensure the promotion of children’s bests interests, the courts prioritize children’s needs, including financial ones, in any proceeding that could affect them. If a paying spouse has a substantial child support obligation, the court can take this into account when assessing their capacity to provide additional financial support to their spouse.
Adjusting payment duration and amount
Child support payments can influence the amount and duration of spousal support payments. Courts may adjust spousal support to account for the financial burden of child support on the paying spouse. This means the court may order one spouse to pay spousal support but adjust the amount to a smaller one or the duration to a shorter one to ensure child support obligations are not impaired.
How courts decide support obligations
Courts may consider the totality of financial obligations when determining spousal support, which includes any child support payments. This approach ensures that the financial support the court awards does not unfairly burden one party or leave the other without sufficient means to maintain a reasonable standard of living.
Nonetheless, each case varies based on their unique circumstances, so personalized research and guidance is usually necessary to find a resolution that will work to protect the involved parties’ rights.]]>On Behalf of Michael E. Eisenberg, Attorney at Lawhttps://www.meelawoffice.com/?p=504812024-01-18T02:55:50Z2024-01-17T19:01:22ZCalculate your personal and marital assets
In 2021, 689,308 people pursued divorces. Despite the falling divorce rate, you may find yourself facing this challenge, and you likely want to protect your retirement savings.
Therefore, you should calculate the value of your personal and marital assets. Your personal assets include everything you had before you got married. Anything you inherited is also a personal asset unless you and your spouse were both heirs. You need to know the values of everything you jointly own before you begin negotiations.
Calculate retirement contributions
Any retirement contributions you made prior to your marriage are personal assets, but dividends you received and contributions you made during your marriage are marital assets. If your spouse also invested in a retirement account and received dividends, this amount can offset your own. Therefore, carefully calculate all these values.
Learn about the asset division laws
In Pennsylvania, the judge will look over your assets and complete an equitable distribution. Unlike a community property state, you and your spouse may not receive the exact same distribution. Instead, the judge will consider what is fair and distribute your marital assets accordingly.
Negotiate a settlement
It is always better to negotiate your asset division. If you want to keep your retirement intact, consider offering other assets instead. You may have to give up something you value, but you can better secure your financial future.
You have significant control over keeping your retirement assets, but you need to keep an open mind and do your due diligence.]]>