Pennsylvania Family Law Blog

During the Pennsylvania divorce process, dividing up a couple’s marital assets can be complicated, regardless of whether the separation was cordial or not. Each state in the United States has their own specific laws about how marital assets should be divided. Pennsylvania is an “equitable distribution” state. This means if the parties are unable to reach a settlement, the court will decide what a fair division of the marital assets is. In the U.S., 41 states are equitable distribution states.

Marital assets can encompass a wide variety of items, including: houses, the money in bank accounts, other material goods like clothing, furniture, vehicles, jewelry, and any other real estate that was acquired during the length of the marriage.

To decide how the marital assets should be divided, the court will classify which debts, assets, and properties are marital. The court assigns them a monetary value. The court will then distribute the marital assets equitably between both parties. This does not mean the assets are divided equally, but rather what is decided by the court to be fair.

Several factors can affect how the court distributes the marital assets between spouses during a Pennsylvania divorce. A few of the factors for determining the division of property in Pennsylvania include:

• How long the marriage lasted;
• Whether there were any prior marriages;
• The income of both parties;
• The health and age of both parties;
• If children are involved, which spouse is responsible to provide for them;
• Whether one party has separate property or assets that are of great value; and
• Whether one spouse committed infidelity or abuse (the courts penalize these offenses).

Unfortunately, sometimes one party may try to hide income or assets, or even allege the other spouse abused or mistreated them in order to receive a better result from a Pennsylvania divorce filing. A family law attorney who has experience with the distribution of assets during a Pennsylvania divorce case can help defend your rights to your assets during the divorce process. They can help you receive the maximum amount of assets while following good practices and adhering to ethical standards.

The Pennsylvania divorce lawyers at The Law Offices of Sheryl R. Rentz can help you through this difficult time in your life. Call our office today at 610-645-0100 for a free consultation and to find out more about how we can help protect your assets during a Pennsylvania divorce.

With some statistics showing that one out of every two marriages will fail, it’s no wonder that divorce has ingrained itself within our society. In fact, with the addition of laws that have made it much easier to file for divorce nowadays than it was 50 years ago, our society has gotten to the point where divorce is hardly out of the ordinary. Consequently, according to a recent CNN.com report, it’s this sense of familiarity that is making divorce even more prevalent, particularly among couples where either one or both spouses come from families of divorce.

The National Center for Health Statistics reports that in 2009, there were 3.4 divorces per 1,000 people in the United States. However, when you factor in whether or not an individual has divorced parents, the likelihood that the individual will eventually divorce greatly increases. That is, the risk of divorce increases by 50% when one spouse comes from a family of divorce, and an astounding 200% when both spouses do. The most basic explanation for these figures is the idea that children grow up to value the same ideals their parents did, and if divorce was factored into the familial equation, then a child will view divorce much less benignly than a child who was not exposed to a household of divorce while growing up.

While divorce is certainly hard on any family, there are ways to ensure that children of divorce are not negatively impacted because of it. As far as marriage is concerned, the study alludes to the idea that children tend to emulate the actions of their mother and father. Therefore, if parents work towards an amiable divorce process, then their children may develop a more positive view of relationships in the long run and may be less likely to view divorce as both an easy option and negative process later on in life.

For more information about divorce in Pennsylvania, please contact the Law Offices of Sheryl R. Rentz. Our Pennsylvania family law attorneys assist individuals with a variety of legal matters including divorce, parental visitation rights, and spousal support. If you are thinking about filing for divorce, please call an experienced Pennsylvania divorce attorney today at 610-645-0100. We offer free telephone consultations.

In a recent New York Times blog article, a study involving the causal relationship between a child’s gender and the likelihood that the child’s parents will divorce has provoked some interesting thoughts. According to the data gathered, parents of girls divorce 5% more than parents of boys do. In fact, the greater the number of daughters a couple has does in fact seem to have an effect on divorce. For example, parents who have three daughters are 10% more likely to divorce than couples who have three sons, according to supporting data gathered in 2003.

There are numerous theories as to why this trend occurs. Previous theories claim that men are more likely to help make a marriage work if sons are involved, although any sort of evidence for this theory is lacking. Currently, some believe that daughters may be viewed as better companions than sons are, and that mothers are more willing to depend on their daughters for the type of social support needed during a divorce. Essentially, if a woman has a daughter, then she does not necessarily need a husband, one theory states. Furthermore, daughters may be labeled as more helpful and/or self-sufficient upon reaching adulthood, while sons are considered more dependent, thus the reasoning why couples may choose to stay together rather than divorce.

Regardless of what the reasoning may be, divorce is a complicated matter than can become problematic very quickly. When filing for divorce in Pennsylvania, it is important to have someone on your side who has your best interests in mind at all times. At the Law Offices of Sheryl R. Rentz, our experienced Philadelphia divorce attorneys assist with a variety of legal matters surrounding divorce, including child custody and separation of assets. If you’re thinking of filing for divorce and would like a free consultation, please call our office today at 610-645-0100.

Divorce cases are often characterized by division of assets and alimony payments. However, what many individuals filing for divorce fail to take into account are their non-probate assets, namely those which cannot be immediately divided between the two divorcing parties, but which will either mature over time or be paid out after certain events take place. Retirement accounts, life insurance policies, and last will and testaments are all classified as non-probate assets. According to a news story featured on West Virginia’s WVNS-TV, the details of these assets are often overlooked, leaving behind complicated matters even after a divorce has long been granted.

In some states, non-probate assets are immediately disassociated with an individual once the divorce process is completed, unless otherwise stipulated in the details of the divorce. However, the majority of states do not have such a policy in place, meaning that divorcing couples need to take appropriate measures in order to ensure that their future assets are distributed according to their wishes. While some divorcing couples may not feel the need to change beneficiaries of non-probate assets, it is still a good idea to draw up new documentation after a Pennsylvania divorce in order to clear up any confusion that may arise once policies mature or in the event that an individual passes away. In essence, divorcing couples should always keep in mind that officially ending a marriage does not simply involve what you have now, but also what you will potentially have in the future too.

In any event, filing for a Pennsylvania divorce can be rather complicated, and it is always a good idea to retain the services of a skilled divorce attorney who will fight to ensure that your rights are protected during the process. The experienced Pennsylvania divorce attorneys at the Law Offices of Sheryl R. Rentz offer assistance with all divorce matters, including financial and tax issues, as well as division of property. For more information about filing for divorce in Pennsylvania, please don’t hesitate to contact our office today at 610-645-0100. We offer free consultations.

No-fault divorce is now available in every state across the country, thanks to legislation recently signed into law by New York Governor David Paterson. According to Fox40 WICZ-TV, New York, which previously rejected no-fault divorces, has become the final state to accept the reasoning as a motive for couples to officially end their marriages. According to the new law, a disgruntled spouse needs only declare that a marriage simply isn’t working out, and their request for a divorce will be granted.

Regardless of what the circumstances surrounding a potential divorce may be, it is essential that the services of an experienced divorce attorney are retained in order to ensure that an amicable outcome is obtained for all. Issues related to divorce, such as property division, child custody, and alimony payments need to be carefully examined in order to arrive at agreements that work out best for both parties involved. When children are caught in the middle of a divorce, it is even more crucial that their best interests are kept in mind at all times, so as to retain as much normalcy in their lives as possible.

Under the new law, New Yorkers may request a divorce after swearing that their marriage has been more or less over for a period of at least six months immediately prior to the request being made. This is the same law that Pennsylvania residents are able to take advantage of when they find it best to file for divorce. For more information about filing for a Pennsylvania divorce, please contact the Law Offices of Sheryl R. Rentz. Our Philadelphia family law attorneys will assist you with all aspects of your divorce, and will fight to ensure that your rights are not ignored. Call 610-645-0100 today for a free consultation of your divorce case.

Pennsylvania State Senate Democratic Leader Robert J. Mellow’s ex-wife wants a share of all the additional money he has been earning as a director on the Blue Cross of Northeastern Pennsylvania board and others since their divorce, according to this news report. Diane Mellow made the demand in a court petition asking to increase her alimony in Pennsylvania. Robert and Diane Mellow were married in August 1966 and were divorced in November 2006.

According to their divorce agreement, Mellow agreed to pay his ex-wife a monthly alimony of $2,600 with $150 a month increases on each anniversary of when the alimony payments began. However, Diane Mellow now contends that things have changed now because the senator has been earning a lot more because of his involvement with various boards. At question is whether the divorce agreement can be modified. Robert Mellow’s attorney says that cannot be done because his ex-wife signed the settlement knowing that its terms would be final. Diane Mellow’s attorney says that state law allows for an adjustment in alimony if the circumstances of either person changes substantially for an extended period.

When it comes to divorce and alimony, there are many issues that can affect your life in the long term. If you are going through a divorce, you know that alimony, property distribution, child custody and child support are significant matters. You need a skilled Pennsylvania divorce attorney to make sure you get a fair settlement whether you are the one paying the alimony or receiving it. Whatever your situation, please call the Law Office of Sheryl R. Rentz for a free consultation. Our experienced and skilled family law attorneys will work hard to make sure your case has a positive outcome.

A law, which passed recently, revises New Jersey alimony and inheritance laws to make sure people found guilty of abuse, murder and other crimes are not able to receive alimony and inheritance benefit payment. According to this news report, the bill is broken into two sections. With regard to alimony payments, the bill prevents anyone convicted of an attempted murder from receiving alimony from their intended victim. Such victims will also not be responsible for covering the cost of divorce court fees. Prior to this bill’s passage, the divorcing spouse must cover the expense of the other person’s attorney’s fees.

This New Jersey law also eliminates a parent’s right to inherit from their deceased child’s estate if they were found guilty of abandonment or of refusal to acknowledge, sexual assault, endangering the welfare of that child or attempted murder. This law needed to be passed in the interest of fairness and justice. To think that a person can physically harm or try to kill a spouse and then expect to receive alimony payments or an inheritance from that person goes beyond unfair. It is unconscionable.

There are many issues to be factored in with regard to a Pennsylvania divorce case. This is a complex area of the law and if you are going through it, it is a complicated and stressful time for you. An experienced Philadelphia divorce lawyer from the Law Office of Sheryl R. Rentz can help you compile the evidence, arguments, demands, investigations and other papers needed to file for your divorce. Whatever issues are involved – be it child custody, child support, alimony or any divorce-related issue – we can help. Call us today for a free consultation.

Mel Gibson’s wife of nearly 30 years – Robyn Gibson – has filed for divorce, according to this recent news report. Gibson cited “irreconcilable differences” as the reason for the split from the 53-year-old Gibson. The couple has had seven children since their marriage in 1980. Any divorce settlement in their case would be the most expensive in Hollywood history. Gibson’s assets are estimated at around $900 million. California law states that community property and earnings shall be divided 50/50 in divorce cases where there is no pre-nuptial agreement in place.

Be it a celebrity who has millions or billions in assets or an average individual, divorce proceedings are never easy. No matter who you are, divorce is complicated because of the emotions and the people involved. There are usually children involved as well, which makes it even more contentious and emotional.

Some divorces could end without a trial, but many divorce proceedings involve extensive and rigorous negotiations including those involving financial issues. It is impossible to negotiate such issues without a qualified and experienced Philadelphia divorce lawyer on your side, fighting for your rights and giving you comprehensive information every step of the way. Our attorneys have the resources to perform extensive investigative work in your case and provide expert witness evaluation as well.

You cannot afford to take a chance with your divorce case because it is too important and too serious. The outcome of your case could not only affect you for the rest of your life emotionally and financially, but also your children and other family members. If you are facing a divorce in Pennsylvania, please call the Law Offices of Sheryl R. Rentz for a free consultation. We would be happy to give you an honest evaluation and answer your questions.