Pennsylvania Family Law Blog – The Law Offices of Sheryl R. Rentz
Pennsylvania Divorce Issues: Who Gets the Pet in a Divorce?
After a married couple has made the decision to end their union, there are a number of things that must be decided during the divorce process, including the division of property, settling financial issues, and deciding who gets custody of the … pets? It is certainly true that a couple may come to love their four-legged friend as if it was their own child; as such, the issue of who will receive custody may be a contentious matter during the divorce process. The American Academy of Matrimonial Lawyers reports that attorneys have seen a significant increase in pet custody cases, and issues in such cases can range from visitation rights to how veterinarian bills are split.
Under the law, pets are considered to be personal property capable of human ownership and control, and courts working under that law may only have the authority to award the pet to one of the owners. Conventionally, before a court decides who gets what property in a divorce, it must consider whether it’s a community property or an equitable distribution state. Pennsylvania is an equitable distribution state, and the division of marital property includes anything acquired during the marriage. The court will also take into account whether the couple already has an agreement as to who will receive what property, such as a prenuptial agreement. Read the rest »
Financial Issues in a Divorce
A couple deciding to end their marriage and pursue separate paths is always a tough and complex decision; however, the number of complicated issues that may arise during the process of divorce can undoubtedly add additional stress to an already challenging situation. As a Pennsylvania divorce financial issues attorney, Sheryl R. Rentz recognizes how difficult the divorce process is for the parties involved and knows that one of the more contentious issues in a divorce may regard the couple’s financial issues.
For any person who has made the decision to divorce, or is already going through a divorce proceeding, here is more information on three potential financial issues that may arise: Read the rest »
Study Shows Children with Gay Parents Denied Equal Protections
A new study entitled Securing Legal Ties for Children Living in LGBT Families: A State Strategy and Policy Guide details the current state laws that may put a child in the U.S. at risk and undermine their stability, according to a LGBTQNation.com report. Discriminatory parenting laws in more than 30 states may mean that a child being raised in an LGBT (lesbian, gay, bisexual, transgendered) family will be a legal stranger to at least one of his or her parents. The report notes that this lack of legal recognition for LGBT families harms children and may threaten their ability to thrive. An estimated two million children are being raised by gay parents, and most live in states where they are excluded by family law. Read the rest »
What Is a Pennsylvania Child Custody Order?
A divorce is incredibly difficult for all parties involved, but it can be particularly hard when children are part of the equation. Deciding who will have custody of the children and if it will be joint or sole custody, or establishing child visitation guidelines for the parent who does not have sole custody, can be an especially contentious matter for a divorcing pair; however, there are legal means that can help families reach an amicable agreement. One such way to reach a harmonious agreement is to create a child custody order, which is a legal document that sets the terms and conditions of who has custody of a child.
A child custody order can be beneficial for parents, and some of the advantages include: Read the rest »
Katie Holmes Files for Divorce from Tom Cruise, May Receive Little Money from Settlement
In a surprise move that left mega movie star Tom Cruise “blindsided and devastated,” Katie Holmes filed for divorce from her husband of five years. According to an MTV.com report, Holmes noted in the divorce filing that her relationship with Cruise had been “irretrievably” broken for more than six months, and the actress is looking to keep divorce proceedings in New York where she and Cruise had been living for the last two years. Holmes has already hired a divorce attorney and may be gearing up for a custody battle over the couple’s six-year-old daughter Suri, though her attorney states her client’s only action currently is for divorce.
The question major news outlets have now been asking is how much Holmes seeks to gain from the divorce. Several media outlets reported that the famous couple had a prenuptial agreement that entitles Holmes to $3 million for every year of marriage; however, reports indicate that this is false and the prenup signed in 2006 essentially cuts her out of a majority of Cruise’s fortune. Holmes has the option of challenging the prenuptial agreement, which can be common when a divorcing couple is in conflict, but sources close to the actress say she’s not about the money as she makes “plenty on her own” and loves to work. Read the rest »
NBA Star Dwayne Wade Deals with Visitation Issues During Championship Finals
Following the arrest of his ex-wife, professional basketball player Dwayne Wade has asked a judge to suspend her child visitation rights with their two children, according to SportsIllustrated.com. The weekend incident that led to her arrest delayed the return of Wade’s sons to his custody and led to her arrest. The filing indicates that the two boys were supposed to be picked up by Wade’s sister on the afternoon of June 16 so they could be on a 3:05 p.m. flight from Chicago to Miami to be with Wade on Father’s Day, but after receiving no response at the home, the sheriff’s office was called to the scene after several hours. The report also states the mother tried leaving the home without the children when one of the responding deputies tried taking her into custody.
A spokesperson for the Cook County Sherriff’s Office reports that the NBA star’s ex-wife, Siohvaughn Funches-Wade, has been charged with two counts of attempted child abduction, one count of resisting arrest, and two counts of unlawful visitation interference. Another woman home at the time of the incident was also arrested for resisting arrest. Read the rest »
Former PA Resident Lured by Fake Movie Deal Arrested for Failure to Pay Child Support
According to NECN.com, a 40-year-old former resident of Pennsylvania wanted on a pair of child support warrants in the state is now behind bars for failure to pay. The man, an unemployed musician, had been living in Maui in recent years, but returned to Pennsylvania on May 22 because he thought he was offered a role in a new Jennifer Aniston romantic comedy film called “Banished in Brooklyn.” However, upon his arrival at the Philadelphia International Airport, the 40-year-old was greeted by police as well as a New York-based bounty hunter Scott Bernstein and his camera crew who are filming a new reality show about parents wanted for child support.
In order to lure the man back to Pennsylvania, the bounty hunter had created a fake Facebook account pretending to be a movie producer and contacted the musician to offer him the faux movie role, claiming an associate had seen his band play in Hawaii. The man arrived at the airport with all of his belongings in hopes of movie stardom, but instead was arrested on a criminal warrant alleging failure to pay child support, which Lehigh County officials say is the first person in county history to be arrested for this charge. This new charge stems from an amendment to a 2008 state law. Read the rest »
Divorce Hotel in the Netherlands Offers a Weekend Program for Couples Who Want a Speedy Split-Up
Is America ready for a Divorce Hotel? Jim Halfens, a Dutch entrepreneur, wants to bring this unique idea and Dutch import to the United States. The concept of the Divorce Hotel is to have couples who have decided to divorce check in on Friday married, then check out on Sunday with divorce papers in hand for a flat fee, all with the expert help of mediators and independent lawyers. Six Divorce Hotels are already used in the Netherlands, and 17 couples have tried it so far with all but one leaving divorce-ready. Halfens, who is helping “unhappy marrieds divorce en suite,” is currently negotiating with hotels and law firms in several major U.S. cities to make Divorce Hotels available to U.S. couples. He is also in talks with two television production companies to make a Divorce Hotel reality show.
Halfens came up with the idea for the Divorce Hotel after watching a college friend go through a painful divorce, eventually creating one of these unique hotels using his marketing background and brief experience with a law firm. Halfens later struck agreements with six high-end hotels in the Netherlands. Divorce Hotel guests stay in separate rooms and a suite is used for mediation talks. The fee for this weekend divorce getaway can range from $3,500 to $10,000, depending on the complexity of a pair’s financial arrangements. Child custody battles or a twosome with more complex financial arrangements, such as stock options, may be more costly, with fees that may exceed $100,000 per party. Read the rest »
How the New Marriage of Mark Zuckerberg, Founder of Facebook, May Affect His Assets in a Divorce
Mark Zuckerberg, the infamous founder of the popular social networking site Facebook, married his college sweetheart on May 19 in a backyard ceremony in California. The timing of the nuptials has raised some eyebrows, however, as the wedding happened a day after Facebook went public, and some are wondering if this had anything to do with the terms of a prenuptial agreement or if Zuckerberg was looking to clarify his net worth (estimated at $17 billion), according to The New York Times. Regardless of the actual reasons for the timing of the wedding, matrimonial law experts are clear that whatever the Facebook founder earned before marriage is still his property afterward.
The state of California follows community property laws, which specifically outline how property is divided between two spouses in the event of a divorce, and the general rule states that anything that was a spouse’s property before marriage is considered separate. This “property” can include things like dividends from previously owned stock or rent collected from an income-producing property owned before marriage. After a pair is married, anything either spouse acquires or earns is considered community property. Read the rest »
Why Mediation May Be the Future in Family Law
Mediation is a form of alternative dispute resolution which aims to assist two parties in reaching a formal legal agreement. Though mediation was at first slow to catch on in the state of Pennsylvania, this type of dispute resolution provides an effective way to handle cases that fosters healthier communication between the parties involved. Mediation is growing as an alternative practice to things like standard litigation or arbitration because it allows parties to make their own decisions and assist in creating an agreement. The Pennsylvania Council of Mediators notes that mediation is based on the belief that “the parties themselves are best able to define the issues and generate options leading to a solution that responds to their own needs.”
To illustrate the benefits of mediation, consider divorce and child custody matters, which typically involve parties whose communication may have greatly diminished and may have become very negative by the time the specific matter reaches litigation. Mediators can assist the parties in changing the tone of their interaction and communication to enable them to make constructive and positive decisions for themselves and their family. The process of mediation allows clients to take ownership of these important decisions and have a say in the resolutions, instead of walking away from the judicial process feeling that their personal issues were decided exclusively by a third party. Read the rest »
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