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The Basics of Divorce Mediation

Philadelphia Divorce Attorney | February 22, 2012

When a married couple makes the difficult decision of ending their union, a number of complicated matters are certain to arise throughout the divorce. To help sort out these issues in an amicable, stress-free manner, a pair might choose the process of mediation. During a divorce, mediation is one way of finding solutions to issues such as spousal support or child custody, and is basically an alternative to the formal process of divorce court. A court appointed third party, known as the mediator, meets with both parties in the divorce and their respective attorneys to assist with negotiating resolutions to their divorce.

Both parties in the divorce have the opportunity to discuss relevant issues, clear up any disagreements, and arrive at a mutual agreement. The primary goal of the mediator is to simply act as an intermediary and an objective third party; he or she does not aim to force an agreement or resolve problems. However, a mediator may offer his or her opinion or make suggestions. The process of mediation has some benefits, such as:

  • Saving time and money, as successful mediation can shorten the divorce process and help both parties avoid divorce court.
  • Being a fair process for all parties involved as the mediator is an objective third party who may be able to see solutions that the couple can’t because he or she is not emotionally invested in the result.
  • Mediation is a confidential process; notes taken by the mediator are simply thrown out afterwards and it is not a public court proceeding, so a couple can be assured privacy.
  • Mediation can also help parties avoid drawn-out litigation, save money on attorney fees, and cut down the steps of a standard divorce process.

The process of obtaining a divorce can be very stressful and demanding, so mediation can be an excellent way for couples to reach amenable solutions with the help of a neutral party. If you are a Pennsylvania couple who needs mediation assistance, Sheryl R. Rentz is a Montgomery County mediation attorney with extensive experience in family law and helping couples throughout the divorce process. Call (866) 290-9292 for a no-cost consultation.

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Study Reveals Divorcing at a Younger Age May Be Hazardous to Your Health

Philadelphia Divorce Attorney | February 15, 2012

The Huffington Post reports that a new study conducted by Michigan State University finds that divorcing at a younger age may be more dangerous to your health than separating later in life. The study’s researcher, Hui Liu, examined health information for a total of 1,282 participants over the last fifteen years in order to analyze the potential difference in well-being between those who stayed married throughout the study and those who divorced. For couples who made the decision to end their marriage, Liu discovered that those who split at a younger age tended to have more health problems than those who divorced later in life.

The findings of the study, which were published in Social Science & Medicine, seem to indicate that older individuals may be better equipped to handle the stress of divorce than younger people. Liu states another explanation of the study’s findings is that older people may be among “the most unhappily married due to years of pressure to stay in their relationships,” and therefore experience greater feelings of relief following the divorce. The finding surprised Liu as she thought younger couples would carry less stress from a divorce because it is more prevalent for the younger generation.

No matter the age, deciding to end a marriage is a very difficult choice, but ultimately may be the best decision for a couple and in the best interest of both parties. If you have decided to part ways with your spouse, the skilled Montgomery County divorce attorney Sheryl R. Rentz can use her years of family law experience to help you throughout the entire divorce process. Call (866) 290-9292 for a complimentary consultation.

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How Facebook May Be Used Against You in Family Court

Philadelphia Divorce Attorney | February 9, 2012

According to the Upper Dublin Patch, social media may be the latest weapon used against a spouse in the court of law. The law journal The Legal Intelligencer reports that instances of posts made on the popular social networking site Facebook are frequently being used as evidence and is an increasingly common occurrence in family court. The article cited a handful of examples from court cases in which the social media site became part of the proceedings. Three such examples are:

  1. A Norristown attorney describes an incident in which a husband created a fake Facebook page for his wife with inappropriate additions, such as racy photos and faux posts. The stunt was discovered during the case and the wife ended up being the victor in court.
  2. A man posted on his Facebook account that since he couldn’t punch the mother of his child, he would tape a photo of her to a punching bag. During the couple’s custody battle, the post was introduced as evidence and the mother won primary custody of the child.
  3. In a Pennsylvania alimony case, it was discovered that the wife was lying about her living arrangements; under state law, a party will not be entitled to alimony if he or she is living with a member of the opposite sex. The attorney was able to provide print-outs of Facebook updates and posts of the woman boasting about her relationship and new home with her new guy. The case was settled after the woman admitted to both the relationship and living situation.

Though pejorative Facebook posts and spoof accounts may be quite useful in custody cases, they may not be as valuable during divorce proceedings. However, they may end up in the official court record.
The attorneys strongly suggest staying off Facebook to avoid any potential problems.

Making the decision to end a relationship and get a divorce is extremely difficult; however, the legal matters that follow, whether it is child custody, alimony, or the division of assets, can be strenuous and very challenging as well. The knowledgeable Montgomery County family law attorney Sheryl R. Rentz is dedicated to helping families with any complicated matters that they may have and strives to reach a swift, satisfactory resolution for all parties. Call (866) 290-9292 for a no-cost consultation.

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Divorce in the Jewish Community: What is a GET?

Philadelphia Divorce Attorney | February 3, 2012

For those who are members of the Jewish faith, the matter of divorce is slightly different than a standard civil divorce or an annulment. A civil divorce is not sufficient to dissolve a Jewish marriage; Jewish law decrees that a couple remains married until the woman obtains a GET. GET is simply the Hebrew word for “divorce document.” According to Jewish law, a marriage is not dissolved until a GET is exchanged between husband and wife. This particular law has presented some problems for liberal Jews who have a religiously valid marriage, but they do not get a religiously-valid divorce. This can mean that a Rabbi will not officiate at a wedding if either party has been divorced without a GET.

In a Jewish divorce, a divorce contract is drawn up under the supervision of a Rabbi and is signed by witnesses. The husband and wife are not subject to personal questions, and are not required to be present together. The Jewish divorce process typically takes an hour or two, at which time the GET is created and executed. Each party is expected to provide proof of identification, and they will also be asked some formal questions to ensure the GET is being executed on their behalf and without coercion.

The writing and preparing of the GET is a complex matter; therefore, a Jewish divorce should be performed by experts. Based on a religious rule, Rabbis have established that a GET should be handwritten by a scribe for the divorce; as such, the document is handwritten in Aramaic. Also, appropriate witnesses must be present for the writing and delivery of the document.

No matter what your religious affiliation is or what community you are a part of, divorce is a complex matter that should be handled by a knowledgeable Pennsylvania divorce lawyer. If you have made the difficult decision to end your union, Sheryl R. Rentz can assist you with every step of the divorce process and help you efficiently handle the often complicated legal issues that may arise. For a complimentary consultation, please call (866) 290-9292.

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Can I Get an Annulment Instead of a Divorce?

Philadelphia Divorce Attorney | January 25, 2012

Similar to a divorce, an annulment is a court procedure that dissolves a marriage. The key difference, though, is that an annulment treats the marriage as though it never happened. The reasons one may want to seek an annulment to end his or her marriage may vary; some may prefer an annulment because it may be easier to remarry in a church, and others feel getting a divorce may carry a stigma with it and discuss annulment as an option with a legal professional.

Understanding the grounds for which you can file for an annulment can help one understand if this may be a good option to pursue. For the two types of annulments, civil (granted by the government or state) and religious (granted by the church), these are the grounds for which a person can file for an annulment.

Civil Annulment

The grounds for civil annulment can vary by state, but in general these reasons may qualify a couple to end their marriage with an annulment:

  • Misrepresentation or fraud;
  • Concealment;
  • Misunderstanding; or
  • Refusal, or inability, to consummate the marriage.

Religious Annulment

Within the Roman Catholic Church, a couple may obtain a religious annulment after obtaining a civil divorce so that one or both individuals can remarry and have the second union recognized by the church. The grounds for a religious annulment in the Catholic Church differ from the grounds for a civil annulment.

A majority of annulments take place after a very short marriage that may have lasted months or even weeks. In this instance, there are typically no assets or debts to divide, so it can be less complicated. When an annulment is requested for a longer marriage, most states do have provisions for certain matters, such as the division of property and assets, as well as child custody and child support.

Making the decision to end a marriage is a very difficult one, but if a couple feels this is their best choice, a knowledgeable Montgomery County annulment lawyer can help you decide if an annulment is a suitable option for you and your spouse. Sheryl R. Rentz has years of experience helping couples throughout the divorce or annulment process arrive at satisfactory resolutions agreeable to all parties. Call (866) 290-9292 for a complimentary consultation.

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The Basics of Pennsylvania Paternity Law

Philadelphia Divorce Attorney | January 18, 2012

Paternity is defined as the state or quality of being a father, and any Pennsylvania resident who wants to establish paternity can do so in a very simple, reliable way. A person who wants to establish paternity can be either be a mother, a father, or even the child, depending on what a party may want to achieve from the paternity testing. In order to establish paternity, DNA testing is most common and can include a SWAB test, DNA Genetic Identity, or a blood test. DNA testing centers are typically affordable and are easy to locate, so paternity matters are usually settled before a trial.

There are a number of reasons why an individual may want to establish paternity, such as:

  • Identity: To provide a child with a needed identity.
  • Support: To receive financial support, such as child support, from the man determined to be the father.
  • Benefits: When paternity is established, it allows for a child to be covered by various benefits, such as health insurance or social security.
  • Public Assistance: Parties can seek public assistance if they qualify when paternity is established.
  • Health: To understand the health history of both the mother and father for proper medical care and treatment for the child.

A person who wants to establish paternity can do so through a paternity court proceeding or a voluntary acknowledgement of parentage or paternity. The latter is an affidavit signed by both mother and father when the father agrees that he is the legal parent. Paternity proceedings can be filed by the alleged father, mother, child, or child support division of the state, and paternity testing can, in most states, be ordered by the court. In general, if the test is negative it is typically paid for by the mother, or if positive, the father will pay for the testing; however, parties can also make an agreement on how to pay for the testing.

There are a number of important reasons an individual may want to establish paternity, so in order to get the results you want in an uncomplicated and stress-free way, an experienced Pennsylvania paternity attorney can help you every step of the way and sort out any legal issues that may arise. Sheryl R. Rentz has extensive experience helping those with paternity issues arrive at a satisfactory resolution for all parties involved. For a free consultation, call (866) 290-9292.

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Post-Divorce Financial Planning Tips

Philadelphia Divorce Attorney | January 12, 2012

A divorce is an extremely difficult process for a couple to endure and will affect many aspects of a person’s life. One of the more challenging aspects for a newly divorced pair can be the lifestyle adjustment going from two salaries to one can bring, so it is crucial to know how you can rebuild your financial life and independence. The following are six tips to help you get started:

  1. Create a financial plan. During the divorce process, many decisions regarding finances were likely made, such as child care needs, expenses, or assets. Review those costs, while factoring in any child or spousal support, and adjust accordingly to reflect your single-status.
  2. Separate your finances. Double check to make sure any joint accounts have been closed, and open accounts in your name to begin rebuilding your own credit history. This financial “separation” should also include things like updating wills and beneficiary information, changing the name on utility bills to reflect who’s responsible, and changing the info on a vehicle’s registration and title.
  3. Review your insurance. Now that you’re on your own, get any necessary insurance to protect yourself and your property, such as health, car, or homeowners/renters insurance.
  4. Get a copy of your credit report. Get your annual free copy of your credit reports from the 3 major credit bureaus (Experian, Transunion, Equifax) and make sure closed accounts are noted and any other updates have been reported, such as a post-divorce name change.
  5. For retirement plans … speak with your 401K or retirement account provider to make sure that is updated as well and you’ve established an account for funds to be transferred to.
  6. Speak with an accountant or personal attorney … to discuss any potential tax ramifications from the divorce and to ensure any joint tax responsibilities from the marriage were filed.

Making sense of your finances following a divorce can be difficult, but anyone newly divorced is fully capable of reestablishing their financial well-being. However, if you are still going through the process of a divorce, financial matters can be just one of the issues of contention for a couple and can complicate an already tough process. The Pennsylvania divorce financial and tax issues attorney Sheryl R. Rentz has years of experiencing helping those going through a divorce with any financial or tax issues that may arise and can apply her extensive knowledge to your case. For a free consultation, please call (866) 290-9292.

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Russell Brand Files for Divorce from Pop Singer Katy Perry

Philadelphia Divorce Attorney | January 5, 2012

Though rumors have been circulating for months that the marriage of Katy Perry and Russell Brand has been rocky, most were still surprised when Brand officially filed for divorce from the 27-year-old pop star after 14 months of marriage on December 30. The divorce papers filed by Brand’s lawyers at Los Angeles Superior Court cited “irreconcilable differences” as the reason for the split, according to ABC News. The first public signs of difficulty in the relationship came around Christmas when the two were spotted thousands of miles apart; Brand was with family in Britain and Perry was spotted in Hawaii.

Brand released a statement Friday announcing the divorce and says this about his soon-to-be-ex-wife: “I’ll always adore her and I know we’ll remain friends.”

Brand, a British comedian and actor, may seek to gain a large amount of Perry’s estimated $44 million fortune. It is reported that the former twosome did not sign a prenuptial agreement before their lavish October 2010 wedding in India, and under California law, a couple must split their earnings 50/50 without a prenuptial agreement. The projected $20 million divorce payout would potentially out-value Brand, who is estimated to have a personal $15 million fortune.

Making the decision to end a marriage and file for divorce is very difficult, but when the divorce involves a high profile couple that is in the public eye, it can be even more challenging trying to cope with the split and keep the intimate details private. The Pennsylvania high profile divorce attorney Sheryl R. Rentz has experience helping public figures that have made the decision to divorce and promises the utmost discretion while providing exceptional legal counsel. For a complimentary consultation, please call (866) 290-9292.

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Step-Parent Rights in Pennsylvania

Philadelphia Divorce Attorney | December 28, 2011

A step-parent can be an integral and significant part of a child’s life. However, if the relationship between the biological parent and step-parent does not work out, it is important to know that step-parents do have parental rights in the state of Pennsylvania. The following list is just a few issues a step-parent may encounter either when a relationship ends or in the matter of adoption regarding the child you have cared for and your legal rights.

Step-Parent Adoption

Step-parent adoption often occurs with the consent of both parents, and is an ideal step if the child resides with the biological parent and the step-parent who would like to legally adopt the son or daughter. In these circumstances, the biological parent signs a consent form to terminate their parental rights. However, step-parent adoption can be very complicated and can be the subject of intense litigation that may require the involuntary termination of parental rights, in which case the court will intervene and consider certain facts, such as whether the parent whose rights are in question is paying or has paid child support.

Support Obligation of Step-Parents

A step-parent is not legally responsible for the support of the minor stepchildren except in rare circumstances. If it is determined that the step-parent must provide financial support, his or her income is not a factor in determining the amount of support that a parent will pay or the amount a parent will receive under a Pennsylvania child support order.

The end of a romantic relationship can be a very difficult thing, and when children are involved, matters can become very complicated. Parents want to do what is best for the child, and deciding how involved they would like the step-parent to be in the child’s life can make for a challenging decision. If you are a step-parent in Pennsylvania and need advice regarding your family, the Montgomery County step-parent rights lawyer Sheryl R. Rentz can help you with the potentially perplexing legal matters that can arise. For a no-cost consultation, please call (866) 290-9292.

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Your Holiday Survival Guide After a Divorce

Philadelphia Divorce Attorney | December 22, 2011

The end of a marriage can be one of the most difficult things a person endures in his or her lifetime. A divorce forces a person to redefine their life, relationships, and even traditions. The holidays are a festive time for most, but when you are coping with a divorce, it can be difficult to find any joy in the holiday season. However, the holidays can be an excellent time to celebrate with family and create new traditions with those you love. The following are some helpful tips to help you celebrate during the holidays.

  • Be flexible. Keep any old traditions you want, but also try some new things and get creative with the way you celebrate the holidays. Creating new traditions and holiday rituals that you can do each year can be a part of how you redefine your new life.
  • Try to focus on others. The spirit of the holiday season is being with those you love and care for, so spread the joy around! Possibly expand your list of those you celebrate with, but sharing and spending time with those closest to you can help you get through the holidays.
  • Don’t overspend. Being newly divorced can present new financial challenges, so stick to a budget and remember that the holidays are not only about gifts. Many people accumulate a lot of debt around the holidays that they are paying off well into the next year, so creating a budget can help you avoid financial pitfalls.
  • Be patient. Divorces are very difficult and can take a great deal of time to recover from, so be patient with yourself. You need time for your heart and head to heal, so take the holidays one at a time and do whatever you need to cope with the divorce. Give yourself as long as it takes.

Divorce is a very difficult process, and it can present many new challenges for a family. A legal professional will help you every step of the way and simply often complicated matters. The experienced divorce attorney in Montgomery County, Sheryl R. Rentz, can help with the many issues that may arise from a divorce, from division of assets to child custody. For a complimentary consultation, please call (866) 290-9292. We wish you and yours a happy, joyous holiday season.

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