Pennsylvania Family Law Blog – The Law Offices of Sheryl R. Rentz
IRS Reports Billions in Alimony Discrepancies
When filing for taxes, you must inform the Internal Revenue Service (IRS) of the amount of money you paid or received in alimony. According to a news report in The Associated Press, there was about $10 billion in reported alimony payments made in 2010, but only $8 billion reported received by spouses. In fact, there was a $2.3 billion gap between what people said they paid and what people reported receiving. The IRS reports that there were discrepancies in 47 percent of the claims that included alimony deduction. Some spouses claimed to not have received any alimony while others reported far less than they actually received. Read the rest »
Understanding Collaborative Divorce in Pennsylvania
Most divorces are stressful and expensive. Getting a divorce in Pennsylvania is particularly challenging when the two parties disagree on important issues such as child custody and property disbursement. A lot of time and money can be saved when the two parties are able to come together and make decisions without involving the divorce court. This is known as a “collaborative divorce” and it is an ideal approach to avoid a judge making some major decisions for you and your family. Read the rest »
Why Choose a Pennsylvania Attorney Who Specializes in High-Asset Divorces?
Your divorce may be one of the most emotionally difficult periods of your life. But it is also important to remember that divorce is, in a sense, a business transaction. You and your spouse have spent years or even decades building assets and managing bills and debts together, and you are entitled to an equitable share of the work your marital estate represents.
Financial and business issues loom largest in high-net-worth divorces. A divorce may be considered “high net worth” if:
- One or both spouses are high income earners, and/or
- The couple has accumulated significant assets. Read the rest »
How Do You Tell Children about Your Divorce?
Children often feel stressed, sad, confused, and even angry during a divorce. The prospect of your parents separating can be upsetting at any age. Parents can make this transition period easier by remaining positive and by providing stability and support. Try to learn what your child needs and what you can do to help.
There are a number of ways in which you can help your children cope with your separation or divorce. First, make sure you are attentive to your children and listen to their concerns. It is also necessary to provide stability and structure so that your kids do not feel as if their life is spinning out of control. Let them know that you will continue to be there and that they should communicate their concerns with you directly.
What Are the Grounds for Divorce in Pennsylvania?
Spouses who are seeking a divorce in Pennsylvania have two options: file for a no-fault divorce or file for a fault-based divorce. The grounds for each type of divorce are different. Knowing the grounds for divorce in Pennsylvania and speaking to an experienced Pennsylvania divorce attorney can help you decide which option is best for you and your family.
Fault-based divorce
The grounds for a fault-based divorce places all blame with your spouse. They attempt to demonstrate to the court that the divorce should be granted due to wrongdoing on your spouse’s part. Grounds for a fault-based divorce in Pennsylvania include:
- Abandonment, without reasonable cause, for at least one year,
- Adultery,
- Bigamy,
- Cruel and barbarous treatment that threatened your life or health,
- Imprisonment of your spouse for at least two years following conviction for a crime,
- Acts that have made your life unbearable or extremely difficult. Read the rest »
What Happens to Marital Property in a Pennsylvania Divorce?
During any divorce in Pennsylvania, the spouses must decide what will happen to their “marital property.” Marital property includes nearly every item that either of the two spouses acquired during the marriage. Often, it does not matter whose name is on the title to the property.
Marital property includes items like real estate, bank accounts, pensions, investment tools (like stocks and bonds), automobiles, and furniture. The increase in value of any of these items during the marriage is also considered “marital property.”
Pennsylvania law requires an “equitable distribution” of marital property when a married couple decides to divorce. “Equitable,” however, does not always mean “equal.” It means that the property must be distributed “fairly,” based on a number of considerations.
How Do I Choose a Pennsylvania Divorce Lawyer?
If you’re looking for an experienced divorce attorney in Montgomery County, Pennsylvania, you may feel that you have more questions than answers. Divorces impose stress on those who face them, and finding an attorney who will protect your interests and those of your children can feel overwhelming.
When looking for a Pennsylvania divorce lawyer, consider several factors: the attorney’s experience, his or her explanations and advice, and your comfort level when it comes to talking to and understanding a particular lawyer.
Types of Divorce Available in Pennsylvania
Pennsylvania law recognizes two types of divorce: “no-fault” and “fault-based” divorce. Divorcing spouses may each work with an experienced Pennsylvania divorce attorney of their choice when seeking either type of divorce. In most situations, it is wisest to get the advice and assistance of an attorney to protect your legal rights.
Most divorces in Pennsylvania are no-fault divorces. If both spouses agree that it is time to divorce, they may seek an “uncontested” no-fault divorce. One spouse files for this divorce, and after 90 days, each spouse may file an Affidavit of Consent to divorce. Although this is often the least contentious and simplest way to divorce, it is still wise to speak to an attorney to deal with any property division or child care issues.
Understanding the Divorce Judge’s Perspective
Nowadays, divorcing couples have several options for ending their marriage without having to face a judge in the court room. Arbitration, collaborative divorce, and mediation allow couples to work out a plan for dividing possessions, debts, and child support that fits their specific situation. While the alternatives to court can be effective for many, there are still numerous circumstances in which divorce court is the best choice.
In cases where a couple cannot resolve their differences, it may be necessary to bring in a judge to make a final ruling. If one or both spouses are combative, uncooperative, or just plain dishonest, you may have to prepare to present your case to a divorce judge.
Avoiding the Holiday Burnout as a Divorced Parent
The holidays are an already emotionally charged time of year, but as a single parent, you may be fighting off the blues in the wake of a divorce. On top of an already hectic schedule, you get to juggle decorating, cooking, finding the perfect gifts, and attending family events in an effort to meet everyone’s holiday expectations.
It’s not surprising, then, that the Christmas season is a time of overwhelming stress for many divorced parents, which can quickly lead to burnout.
Burnout is the physical, emotional, and psychological toll of trying to accomplish too many things at once only to end up with depleted energy.
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