Pennsylvania Family Law Blog – The Law Offices of Sheryl R. Rentz
Working With a Pennsylvania Attorney to Plan in a High-Asset Divorce
If you are considering a divorce, then you are already keenly aware of the emotional stakes. But a divorce is also a financial arrangement – and this is never truer than when the spouses seek to divide a high-asset estate between them. By working with an experienced Pennsylvania divorce attorney who understands high-asset divorce issues, you can protect your financial health as well as your legal rights.
One place to start is to work with your attorney to create a specific, proactive plan for dealing with your divorce. A lack of planning puts you on the defensive, in a “reactive” stance automatically, setting you at a disadvantage and often resulting in unnecessary delays. Read the rest »
New Pennsylvania Bill Would Force Rapists to Pay Child Support
Under current Pennsylvania law, a woman who has a child from rape can ask a judge to end the rapist father’s parental rights. This means that the father who committed the rape will not have custody or visitation rights. However, women who end the rapist father’s parent rights also surrender their ability to collect child support from the father. According to a news report in The Express-Times, a new bill has been proposed to allow a mother to end parental rights while still collecting support.
Democratic State Representative Mike Schlossberg proposed the bill that would close this loophole. It was vetted by the House Judiciary Committee last year and has recently been folded into another bill that is currently in the House. It is now part of the larger legislation regarding the termination of parental rights for sexual offenders. Read the rest »
Steps to Take When Facing a High-Asset Divorce
High-asset divorces pose questions that ordinary divorce cases do not. While partners in a low- or middle-income family typically wonder how to support two separate households, partners in a high-asset divorce are primarily concerned with ensuring that their respective shares of their assets are distributed equitably, in a way that allows both the adults and children to maintain their standard of living.
Choosing an experienced Pennsylvania high-asset divorce attorney should be your first consideration when dissolving a marriage and wondering how to protect your assets. Other steps to take include: Read the rest »
Husband of TV Star Seeks Money During Divorce
Zoe McLellan, star of the show NCIS: New Orleans is in the midst of a difficult divorce from her husband. According to a TMZ news report, her husband, actor J.P. Gillain, is seeking joint custody. The actress allegedly believes that her husband is only seeking custody as a ploy to get child support now that she is successful. The court documents reveal that she will earn $45,000 per episode. A representative for the actress states that her husband has “never been a hands-on dad.” Read the rest »
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.
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