How much Alimony will I get in my Pennsylvania Divorce?

Posted on by Kristen Anders Bojarski

There are a number of factors in the Pennsylvania Divorce code that the court must consider when determining whether to award Alimony.  For purposes of this blog, let’s assume that you are entitled to alimony.  How much alimony will you get and for how long?

It comes down to income and expenses

There is no set formula or guideline in Pennsylvania for figuring out how much Alimony to award like there is for other types of support, such as child support, spousal support and Alimony Pendente Lite. Instead, the amount of alimony awarded is considered on a case by case basis.

Two big factors that the court considers is your monthly net income and your monthly expenses.  You must show the court proof of your income (tax returns, W-2, paystubs, bank statements, etc.) and you must produce a monthly expense/budget sheet.  Failure to show proof of your income and your expenses to the court will likely result in the court not awarding alimony at all.

Let’s talk about monthly expenses

The most important thing I look at when analyzing an alimony case is my client’s monthly expenses.  There is a form excel spreadsheet that I use, but there are many other free monthly expense forms that can be found online, or even software that can be purchased.  This doesn’t have to be complicated, though.  Just take a serious look at your monthly expenses and write them down.  This includes what you pay for rent/mortgage each month, car payment, car insurance, life insurance, gas for the car, car repairs, utilities, phone, internet, etc.  Alimony is for the spouse, not children, so make sure to only factor in expenses for yourself, not any minor dependents.  For instance, if you spend 700 a month on groceries for yourself and 2 children, divide your grocery bill in thirds, (or whatever number you think is most accurate for yourself) and use that number.

For expenses you have throughout the year, but not each month, divide them over 12 months to determine what the monthly cost is. For instance, if you spend $2,000 to go on a yearly vacation, the monthly expense would be $167 a month.

If you anticipate having a monthly expense in the near future that you do not have currently, write that down too.   For example, if you are living in the marital residence while going through the divorce, but expect to purchase your own home or rent an apartment once the divorce is finalized, include what you expect to spend each month for a mortgage/rent payment as your housing expense.

For expenses you currently have, but will no longer have after the divorce is final, include those in your budget, but expect that the court will not consider them in its alimony analysis.  Attorney fees you pay your divorce attorney are an example. You will eventually stop having to pay a divorce attorney once the divorce is finalized.  Sometimes I have my client write two separate monthly expense forms, one for current expenses and one for future expenses.

The key here is that your monthly expenses must be reasonable.

Monthly expenses must be reasonable

When a divorce hearing officer is reviewing your monthly expenses, they will focus on whether your expenses are reasonable or not.  What is considered “reasonable” you might ask?  This largely depends on your particular circumstances.  For example, a budget of $150 a month for clothing may be considered reasonable for a person who must wear dressy suits for work every day in a formal setting, but this may not be a reasonable clothing budget for a person who works from home.

Does our standard of living during the marriage matter? 

The lifestyle of the parties during the marriage is a factor in the Pennsylvania divorce code that the courts consider in alimony cases.  However, the courts generally do not expect that you will maintain the exact same standard of living when the divorce is over.  If you have a $1,000 monthly car payment for a luxury car that you drove during the marriage, the court may not consider it reasonable that you would continue to have such a high car payment when you are divorced.  A $400 monthly car payment for a non-luxury, but dependable car, will probably be considered more reasonable.

Avoid underreporting your monthly expenses

While you need to be reasonable when coming up with your monthly expenses, you don’t want to be too reserved and end up underreporting your expenses.  Monthly expenses can be quite a shock to some people, especially if you are taking a hard look at them, maybe for the first time ever.  Some folks are embarrassed by what they spend.  I often see my client claim $0 spent on entertainment.  Of course you are going to have some “entertainment” expenses!  No one is going to think you are being unreasonable by going out to dinner a few times a month or going on that yearly trip to Kennywood.  Again, the key word here is “reasonable.”

So how much Alimony are we talking about here?

Once I have a number for my client’s monthly expenses, I compare the total number to my client’s monthly net income.  Whatever the difference between the two numbers is what I ask the court to award.  For example, if my client’s reasonable monthly expenses are $3,000, and their monthly net income is $2,000, I ask for $1,000 a month in Alimony.

For how long will I get alimony for? 

Finally, the last question is how long will you get alimony for in your Pennsylvania divorce?  Again, this depends on your particular circumstances, but age is a big factor here.  For a person in their 30’s who has been out of the work force for 10 years to raise children, they will be expected to get back into the workforce (absent a disability or other limitations) as soon as possible.  You must come up with a plan for how long it will take you to become self-supporting.  In this case, alimony would be awarded for long enough to get you through until you can support yourself.  For instance, maybe you intend to participate in a 2-year associate degree program to enter the medical field.  The court may award 2-3 years of alimony in this type of case.

If you are in your mid-50’s, spent your life raising children and taking care of the home, and maybe held a part-time minimum wage job, it is unlikely at this stage in your life that you will go back to college and build a career before you reach retirement age.  In this case, alimony is likely to be awarded until some retirement income starts coming in.  For example, until age 59 ½ when you can access an IRA without penalty (if you have an IRA or will be awarded an IRA in the divorce, perhaps from a 401(k) rollover), age 62 when you can start collecting social security benefits or even when you start collecting your share of your spouse’s pension (if there is a pension) when they retire at age 65 or 67.

As you can see, the amount and duration of alimony is a very complex analysis.  Every case is different. Divorce hearing officers and judges analyze these cases every day, thus they are acutely aware of the kinds of monthly expenses people have, and they have strong opinions on what they believe is reasonable or not reasonable.  They have strong opinions on the duration of the alimony award.  Your monthly expense statement is not something that can be thrown together.  It must be well-thought out, and you must be prepared to back up your numbers.

I strongly recommend consulting with an experienced divorce attorney to address your questions and concerns about alimony in your Pennsylvania divorce.

Divorce After 50

Posted on by Kristen Anders Bojarski

I represent people of all genders and ages in their divorces. And if I’ve learned one thing, it’s that no client is the same.

 

In my experience, however, women in their 50’s or older struggle the most with divorce.  

 

In general, these are women who have been married a long time. Her life plan was to stay home and raise their children and take care of the household.  

 

Once the children grew up and were off to college or otherwise living on their own, she might get a part-time job while she continued to manage the house and looked forward to grandchildren and the day her husband could retire.

 

This life plan is completely derailed when her husband files for divorce.  Or in some cases, the marriage has been so abusive or unhappy that the wife has no choice but to file for divorce herself.  In either scenario, she is devastated. She feels hopeless.

 

What is a woman who is completely financially dependent on her spouse to do?

 

I will tell you exactly what to do in these 6 steps:

Step 1: Hiring an Experienced Divorce Lawyer

It goes without staying that the first thing a woman should do is hire an experienced divorce lawyer.  

 

A divorce lawyer is your advocate.  They can tell you what your rights are and what to expect.  They will give you direction and tell you what to do next.

 

I’ve been told on numerous occasions by women after an initial consultation that they feel so much relief about their situation after meeting with me.  

 

Even if you feel you can’t afford a divorce lawyer, at least meet with one for a one-time consultation.  

 

Here are some questions you should definitely ask the lawyer during your consultation:

  • Am I entitled to support?  If so, how much?
  • Does my husband have to pay my attorney fees?  
  • What are my rights with regard to the marital residence?
  • Is there anything I should be doing right now?    
  • What is your retainer, hourly rate, and/or fee structure?  

 

It’s helpful to prepare a list of your questions before you meet with the lawyer.  That way, you won’t forget to ask something.

Step 2: File for Spousal Support or APL

Your divorce lawyer probably already gave you a good idea of how much Spousal Support or APL you are entitled to at your initial consultation.  

 

By the way, Spousal Support is support that the financially dependent spouse is entitled to once the parties have separated.  APL (Alimony Pendente Lite) is support the financially dependent spouse is entitled to once a divorce complaint is filed and you’ve raised a claim for APL.  

 

There are some differences between Spousal Support and APL, but they are calculated in the same way.  

 

Once you’ve hired your divorce lawyer, the first thing they will do is file for support and schedule a court date.  

Step 3: Prepare for Your Spousal Support/APL Court Date

Support is calculated based on the net incomes or earning capacities of the parties.  A person’s earning capacity is essentially the most a party can earned based on their education, skill and experience.  

 

Earning capacity is often an issue for financially dependent women in their 50’s, particularly if they are not working at all or are working part-time.

 

For many women, they have advanced degrees, or made significant income before they started having children.  

 

The courts will explore whether support should be calculated based on the most income the wife has ever made, or whether she is able to work full-time.  Typically, when a wife has been out of a certain field for many years, courts will not calculate support based on her highest earnings.

 

However, talk to your divorce lawyer about strategy with regard to an earning capacity issue. Also talk to your divorce lawyer about asking the court to order your spouse to pay your attorney fees.  

 

Here are some things you can do to help prepare for your support case:

  • If you have them, bring your last 3 years of tax returns to your first appointment with your lawyer
  • Give your lawyer your current pay stubs if you are working
  • Give your lawyer copies of your husband’s paystubs, if you have any
  • Be prepared to talk to your lawyer about your education and employment history.  If you have one, bring a current resume to your appointment.
  • Do you have any extraordinary expenses? If so, bring them to your lawyer’s attention.  

Step 4: Start Planning for Your Future

The divorce process can take a long time, sometimes years.  

 

One mistake I see women make is that they wait until the divorce is over to start thinking about and planning for their future.  

 

Now is the time to start asking the tough questions.

 

Can you afford to live in the marital residence based on the support you receive and the income you’re making (if any)? If you can’t afford it, what kind of job can you get?  Is it possible or feasible for you to go back to school or obtain some vocation training? If so, can you start right away?

 

Women have to use the time while their divorce is pending, and while they are receiving Spousal Support or APL to start thinking about and acting on a plan for their future.  

 

Not only does it make sense financially,  but showing the court that you have a plan will strengthen your claim for alimony.  

Step 5: Finalize the Divorce

Most divorce cases settle without going to court.  This means that the parties reach an agreement on how to divide their assets and debts and alimony.  

 

By going to court, it means that a judge decides.

 

There is preparation involved whether you settle or go to court.  This means that assets have to be valued and documents have to be exchanged.  

 

Here are some things you can do to prepare for your divorce case:

  • Gather information on assets – In addition to tax returns and pay stubs, your lawyer will need to see documentation of all assets, such as retirement accounts, bank accounts, vehicles, etc.
  • Gather information on liabilities – give your lawyers documentation of any mortgage, car loan, or other liabilities you might have
  • If there is a marital residence or other real property, ask your lawyer about getting these assets appraised.  

Step 6: Shoot for the Stars

Whether you settle or go to court, your goal is to get the most assets you can get, and the most alimony you can get for as long as you can get it.

 

In PA, the court has to look at many various factors in determining how assets should be divided and whether alimony should be awarded.  

 

The fact that a woman has been a homemaker and raised children while her husband worked outside the home, and that the parties have been married a long time, typically favor a skewed distribution in the wife’s favor.  

 

Alimony is often favored for the same reason.  Talk to your divorce lawyer about what you should ask for and what you should expect. Remember that in the eyes of the law, your contribution to the marriage as mother and homemaker has value.   

You can do this!

Although financially dependent women in their 50’s struggle initially with their divorces more than anyone else, they are the ones, time and time again, that I see come out on top.  

 

They work harder than anyone else and are always more prepared.  One could argue that it is because they have more to lose, but I think it is because strength breeds in the face of adversity.  

If you find yourself in a marital dispute with nowhere left to turn, divorce might be the answer. Call us today to schedule a free consultation to get started on the right foot.

 

The Marital Residence – who gets to stay and who must go?

Posted on by Kristen Anders Bojarski

Most people who’ve been through it would probably describe their divorce or separation as a time of great turmoil and uncertainty in their life.  It’s no wonder that some of the first questions my clients have for me are related to the one thing they believe will provide them with some sense of stability and comfort– the marital residence.

Although some might feel entitled to live in the marital residence because they are the primary caretaker of the children, or they have put lots of work into improving the home, that doesn’t mean that have more of a right to live there than the other spouse.   So who does get to stay in the house and who must go? The answer to that question is that it depends on your case.

How is the deed titled?

If the deed to the marital residence is in your name and your spouse’s name, you can’t force your spouse to leave, and your spouse cannot force you to leave.  If the deed is just in your name, courts will recognize that your spouse still has a marital interest in the home, so if a divorce is pending, neither spouse can simply force the other out.  If no divorce is currently pending, there may be some latitude available to the deed owner.

Once a divorce complaint has been filed, one or both parties can request that the court schedule a hearing to determine which party gets the exclusive right to live in the house while the divorce is pending.  Although it depends on the facts of the case, I often consider this to be an option of last resort.  Preparing for and attending an exclusive possession hearing is expensive, and you usually have a 50/50 chance of winning.

Can you afford to live in the house?

Setting the exclusive possession option aside for a moment, the second thing that must be determined is whether you can afford to live in the house.  Whoever is residing in the marital residence pending the divorce is responsible for paying all costs associated with it, such as the mortgage, home equity loan, utilities, taxes, etc.  To do this, my client and I take into consideration their income (if any), plus any spousal and/or child support they may be entitled to (or have to pay), in addition to their other financial obligations.

When the couple purchased the house, it was while their relationship was intact.  That usually means that either the amount borrowed was based on two combined incomes, or it was based on a budget that was established with the intention of one party working outside the home, while the other stayed home to raise children.  This often means that the lesser earning or homemaker-spouse cannot afford to reside in the marital residence, even with the assistance of child or spousal support.

So what are my options?

If you cannot afford to live in the house, then you should move. As abhorrent as moving out of the marital residence might feel to you, being house-poor is worse.  I’ll be honest; things are going to be tight financially while you go through your divorce. You have to save where you can. You might be concerned about the children moving out of the only home they know, the home they grew up in, but don’t let this stop you.  A house is just wood and nails – home is where their mom (or their dad) is.   Moving to a new home where they can choose the paint in their new bedroom, or get some new decorations is an adventure for them.  If renting your own place isn’t an option, moving in with a family member can be fun for them too.

Assuming both names are on the deed, you can both continue to live in the same house. I have had clients do this, but I would not recommend it for obvious reasons.  You and your spouse will end up fighting a lot (you are getting divorced for a reason), which will make you miserable, and your children miserable as well.

If you can afford to live in the house, but your spouse refuses to go, you should seriously consider being the one to go. In divorce, you have to pick your battles.

On the other hand, if you can afford to live in the house and you really feel that you have good reason to be the one to stay there, talk to your divorce lawyer about asking the court for exclusive possession. If it makes sense in your situation, it doesn’t hurt to try.  We’ve been successful with many exclusive possession cases.

If I move out, am I abandoning my interest in the home?

No!  This is one of the most frequently asked questions I get.  Moving out of the marital residence while your divorce is pending does not mean you are abandoning your interest in it.  If there is any equity in the home, you are entitled to some portion.  If you agree to your spouse retaining the home in the divorce, they would have to buy you out.  If you wish to retain the home, you will have to buy your spouse out- this is something else that should be considered when deciding whether to leave or stay.

Talk to a divorce lawyer

There is no easy answer as to whether you can or should stay in the marital residence.  Everybody’s situation is different.  Your best bet is to talk to your divorce lawyer about the best option for you.

 

 

 

How to Divorce your Spouse without Losing Your Shirt

Posted on by Kristen Anders Bojarski

After many years of marriage, you’ve decided to leave your wife.  Whether it’s because you are no longer in love, or your wife is the devil incarnate, you’ve decided to get out.  You’ve reached a point in your life where you want to choose happiness over misery and freedom over obligation.

There is just one tiny little obstacle between you and freedom, however: your wife.  Well, your legal obligations to her, that is.

You’ve heard the horror stories: a friend of a friend lost their house, pension and their dog in the divorce.  Your third cousin on your mother’s side must work 3 jobs to pay his ex-wife alimony for the rest of his life.  Your co-worker paid thousands of dollars for an attorney only to end up with a terrible settlement.

While a lot of the horror stories you’ve heard are probably exaggerated, it is true that people do get bad deals in divorce.  This doesn’t have to happen to you!  If you follow a few simple rules, you can get through your divorce without losing everything in the process:

Accept what you can’t change

       The law

A marriage is a legal partnership.  When two people form a partnership in order to start a business, like a restaurant or a book store, they make certain promises to each other as far as what will happen to the business should the partnership dissolve, usually in the form of a written partnership agreement.  Marriage is kind of the same thing, except most people don’t have a written partnership agreement (i.e. a prenup) in place when they get married.  In those cases, the PA divorce code sets out the parameters for which the marriage can be dissolved, including how assets are divided and whether alimony should be paid. The law is the law, and you can’t change it.

Don’t freak out, though.  The purpose of the divorce code is to effectuate “economic justice.” It is true that some would argue that the divorce code is anything but just, but in my experience, the law does try to treat both sides fairly.

        Be realistic 

If you and your wife have minor children, and you earn more than her, you are probably going to pay her child support according to a set of statewide guidelines. There is nothing you can do about that because it’s the law. If your wife was a homemaker throughout your marriage, or if your earnings are much higher than your wife’s, and if your ability to earn income and assets in the future are far superior to hers, chances are that your wife is entitled to a skewed distribution of the assets in her favor. That doesn’t mean she will get everything, but she will likely get a little bigger slice of the pie than you.  This is because you have the resources to recover from the financial harm of the divorce more quickly than she does.

Of course, people are free to enter into any settlement agreement they want (as long as there is no fraud, duress, etc.) despite what the divorce code says.  However, both sides need to know what the court would likely order as a starting point in determining how to negotiate a settlement.

      Patience is a virtue

You must accept that the divorce process is a slow one.  If your wife refuses to consent to the divorce, there is nothing you can do about it until you have been separated for an entire year.  If your wife does consent to the divorce, but you have to go through the court process because you can’t reach a settlement with her, that also takes a ton of time.  As much as you want to get things wrapped up, you can’t force your wife or the courts to go at your pace.  Be patient.  You will get there, I promise.

Be Civil

Whoever coined the phrase “hell hath no fury like a woman scorned” must have been a husband in the process of divorcing his wife.

     Beware of the crazy wife

If your wife is angry and bitter about the divorce, refrain from engaging her in an argument.  Although uncommon, I’ve seen particularly crazy wives (see devil incarnate reference above) seek revenge by filing a bogus PFA against her husband.  Those bogus claims eventually get cleared up, but not before the client has had to incur a ton of attorney fees to fight it.  Hopefully you already know if you are married to someone who is capable of doing such a horrible thing; if so, you probably should have gotten divorced a long time ago.

     Chill out

For most people, though, fighting with your soon-to-be ex-wife costs money in other ways.  It takes a lot of money to pay a lawyer to fight your battles, so you should choose them wisely.  Plus, anger consumes a remarkable amount of energy. I’ve seen many cases where the one side is so tired of the fighting that they give in to their wife’s unfair demands just to get it over with.

If you can manage to avoid confrontation with your wife, your chances of reaching a favorable settlement without incurring an arm and a leg in attorney fees are much greater.

Be Fair and Insist on Fairness

When you are engaging in settlement negotiations, be fair. If you’ve been married 30 years, and you’ve earned a 6-figure salary for most of it, but your 50-year-old wife has never worked outside of the home, chances are a deal with no alimony is not fair to her.

If you try to be fair, you are more likely to reach an agreement without a lot of back and forth between lawyers, and without going to court, which saves you money.

       Don’t be a pansy

On the other hand, if your wife refuses to be fair with you, then don’t be afraid to go to the mattresses.  People tend to think that settling outside of court is always the most cost-effective option, but that isn’t true if settling means you must give in to your wife’s outrageous demands.

The court route involves having a hearing before a judge or a hearing officer who will issue a ruling consistent with the divorce code which does its best to treat people fairly.  You could very well end up doing better in court than you would by agreeing to an unfair settlement and avoiding court.

Hire a Divorce Lawyer

Don’t be stupid. Hire a divorce lawyer.  It boggles my mind how many people try to handle their divorce themselves.  If I changed the brakes on my car because I wanted to avoid paying a mechanic, I’d be in serious trouble.  You might think you are saving money by not hiring a lawyer, but I can tell you with certainty that you are not.

An experienced divorce lawyer will tell you what the law is and what your rights are.  They will advise you during negotiations and tell you whether it is better for you to accept a settlement or go to court.  Although the law may require you to pay child support, a lawyer will make sure you are paying the appropriate amount, and not some ridiculous above-guideline number.  If the law supports a skewed distribution of the assets in your wife’s favor, an experienced divorce lawyer will fight to make sure it is not so heavily skewed as to be prejudicial to you.

        Mistakes are expensive

There is no doubt that divorce lawyers cost money, but do you know what costs even more money?  Mistakes.  Stupid mistakes made by people who try to handle their divorces themselves.  Every year we get a couple of cases where we have to try to fix mistakes made by a party who tried to represent themselves in their divorce.  Those people always end up incurring way more attorney fees trying to fix the damage they caused themselves than if they had just hired a lawyer in the first place.

If you want to get through your divorce with as little damage to your bottom line as possible, hire an experienced divorce lawyer from the outset.

In conclusion…

If you follow these simple rules by accepting what you can’t change, doing your best to be civil, are fair with your ex and if you hire an experienced divorce lawyer, you just might make it through your divorce without completely using your shirt.

 

Practical Advice in Choosing the Right PA Divorce Lawyer

Posted on by Barbara J. Shah

Choosing the right lawyer to handle your divorce is not an easy one, and it certainly isn’t a decision one should make lightly.  But with the thousands of lawyers that are currently practicing law in Pennsylvania, how do you make the right choice?  Read on for some practical advice in choosing the right PA divorce lawyer for you:

Beware of Lawyer Rating Services

Many younger PA divorce-seekers do a lot of divorce research on-line, or they assist older divorce-seekers in finding information online.

Most of the online lawyer rating services are unreliable, IMHO. We don’t know all of the lawyers in our area of Southwestern, PA who do divorces, but we pretty much know who the good ones are.  We see that some lawyers have high ratings that we believe are totally unjustified in terms of our knowledge of their expertise in handling divorce matters.  It seems old fashioned, but word-of mouth referrals are usually your best bet.  Ask people you know who’ve been through a divorce for a referral!

Insist on Meeting your PA Divorce Lawyer in person

Many divorce seekers (or seekers of divorce information) don’t know what to expect from lawyers during their consultation appointment, or thereafter.

It is virtually impossible to conduct an effective consultation appointment over the telephone, or in an internet chat; we need to look each other in the eye and gauge whether we are getting accurate information or whether the information we are giving the potential client is getting through. Some clients lie…

You Get What You Pay For

If a divorce lawyer is offering you a “free consultation,” they must not be busy enough; there may be a reason for this…

If the divorce lawyer has no support staff, or works out of his or her basement, maybe they are building up a practice (hey, I started by sharing law office space with an established lawyer), but bear in mind that it is likely they may not be available to you when needed, as they have to go to court, write pleadings, answer telephone messages, etc. all by themselves. Yes, voice mail and text messaging is handy, but if you have a burning question, it may be cold comfort to you.

As a corollary to the above, then, bear in mind that a lawyer whose fees appear to be “cheap” or much less expensive than others, may have insufficient support staff. Personnel and offices and computer systems cost money, but they make the lawyer much more available to answer important client questions and take action in emergencies.  If you don’t get a response within 24 hours to an urgent question, (it should be the same day), it brings a level of anxiety into the process which experienced lawyers want to avoid.

Just because a lawyer is expensive, however, it doesn’t mean that they are the lawyer for you. Ask around, find out how satisfied friends or relatives or co-workers have been with their divorce attorneys (or how impressed they were with the skill level of their spouse’s attorney).

Real, practical advice = Good Advice

The right lawyer for you will take in a great deal of information about you and your marriage, your children, and your spouse, and they will educate you on the divorce, support, and custody laws of Pennsylvania. They will tell you hard truths, truths you may not want to hear but need to know.

The right lawyer will have a sense of humor, be able to relate, but will not feel sorry for you. We must analyze the situation as the court would and work to develop a strategy to reach an outcome that is acceptable, in the long run. As changes occur, they will keep you informed and will modify the strategy, with your approval.

Communication is Key

The right lawyer will keep you informed and will communicate with you regularly, usually by email, and will want your input and response to actions and communications in your case.

Your lawyer will charge you for all communications, telephone, email, written, etc., because he or she has nothing to “sell” but his or her time. Don’t expect them to work for free, particularly when they have an office, staff, and other overhead expenses.

Divorce Lawyers should be Tough, but Professional (even if you secretly hope they beat your ex into a pulp on the courtroom floor)

Your lawyer will very likely know and hopefully have a cordial relationship with your spouse’s lawyer. Our job is not to hate or scorn the other side; our job is to get the best result for our client, and we have learned that cooperation, not flame-throwing, is the best way to achieve this with a minimum of expense.

Few Surprises

It is possible but unlikely that you will be unhappily surprised by developments in your case, if you have been listening to your lawyer and following their instructions. Most experienced divorce lawyers are fairly good predictors of outcomes and are trying to save you attorney fees and anxiety by attempting to settle your case, along lines you have already discussed and are prepared for.

Choose Wisely

 

If you hear someone complaining that divorce lawyers are money-grubbing thieves, it is possible that they have had a bad experience with their lawyer.  We have met many of those people, and we have performed case “rescue missions” more times that we can count.  Or it is possible that they had unreasonable expectations or are trying to get something for nothing.  Choose wisely.  Your future may depend on it.

 

 

Bifurcation is Still Alive and Kicking in PA

Posted on by Barbara J. Shah

Last month we posted a blog article on bifurcation of divorces in PA.  As we explained, the term “bifurcate” means to divide something into two parts.  When applied to a divorce, to “bifurcate” means to grant a divorce, giving a person the right to legally remarry, while other issues, such as property division and alimony, remain pending.  While bifurcation can happen in PA, for divorces granted after 1980, it has become relatively rare since the divorce law was amended in 2004 to require that all claims related to a divorce be resolved before a divorce is granted, except in rare and unusual circumstances.

Last week, the PA Superior Court, the appeals court which decides on appeals from PA trial courts (called Common Pleas Courts) posted a decision that reminds Pennsylvanians that bifurcation is alive and well for divorces granted between 1980 and 2004. The divorces to which this concept applies is the “3301(d)” divorce, the divorce in which one spouse files for divorce (the “plaintiff”)  and then files and serves a notice on the other spouse (the “defendant”) that the parties have lived separate and apart for two years (or 3 years prior to 1987 divorce law amendments), and the other spouse takes no action other than to file a response (called a “counter-affidavit”) saying they agree on the period of separation, but they want to raise claims (such as for property division, alimony, etc.).   In this recently-decided case, the plaintiff  (husband) served the divorce complaint and the 3301(d) affidavit on the defendant (wife) in 1998, and the wife, apparently unrepresented, filed a counter-affidavit stating that she wanted to raise a claims for property distribution.  She didn’t file any claims, however.  The husband’s attorney filed the paperwork to make the divorce final, indicating that “property distribution” was still pending.   The divorce was granted by the court, noting in the decree that the court retained jurisdiction to resolve any issues raised but not settled before the divorce.

Fourteen years later, the ex-wife apparently saw an attorney who reviewed the court records and decided that ex-wife might still have a valid claim to ex-husband’s pension.  The attorney filed the paperwork to raise a claim on ex-wife’s behalf for property distribution.  Ex-husband’s attorney filed a motion to dismiss ex-wife’s claim on the grounds that she had never actually raised the claim before the divorce was granted, and that it had been too long since the divorce to raise any claims.  The trial court judge agreed with ex-husband and dismissed ex-wife’s claim. Last week, the Superior Court reversed the trial judge and reinstated ex-wife’s claim for property distribution.

Creative lawyering strikes again!

Bifurcation in a Pennsylvania Divorce Proceeding

Posted on by Barbara J. Shah

The term “bifurcation” means to divide something into two parts.  When this term is applied to a divorce, it generally means, “Can I get divorced – legally free to remarry and file my taxes as single – while other issues such as property division are still pending?”  Before 1980, the term did not apply to PA divorces.  The only kind of divorce allowed before that was a “fault” divorce (where the spouse who wanted a divorce had to allege “grounds” for divorce – that they were entirely innocent and the other spouse had committed such bad acts as to cause the marriage to fail – and then prove those grounds in a trial). If they were successful, or if the other spouse simply didn’t put up a defense, the divorce was granted. Property division was easy, as it followed “title.” that is, if a bank account or a pension or a piece of real estate was in your name, you owned it after the divorce, free and clear of any claims by the other spouse.  If an asset was owned jointly, it was to be split between the parties 50-50.  There was no post-divorce alimony.

If you thought that was still the law in PA, you are more than 35 years behind the times!  The Divorce Code of 1980, which became effective that year, revolutionized divorce law in PA. Many Pennsylvanians had been living separate and apart for many years, resigned to fact that that if they were not the “innocent and injured spouse,” they could not get a divorce from their former loved one.   Suddenly in 1980, the floodgates opened. “No-fault” divorce became legal in PA.  As originally written, the law granted the right for a “guilty” spouse who had been living separate and apart for 3 years or more to request a divorce from the “innocent” spouse by filing an affidavit alleging a 3 year or more separation, and serving it on the other spouse.  Suddenly there was no defense to the divorce, and the best thing the defendant/spouse could do was to request from the court a fair property distribution and some alimony.  For other just then separating couples, it gave the left-behind spouse a 3-year window to get ready for the divorce.   In 1987, the law was changed to turn the 3-year separation requirement into a 2-year separation.  By 2016 it left PA one of the few states in the US with a long separation requirement, possibly the longest one.  However, in 2016, the PA legislature again changed the law to allow a party to request a divorce from the other spouse after only a 1-year separation (so long as that separation began after December 3, 2016).   Of course, if both spouses agreed to a divorce under the 1980 Divorce Code, they could file their consents to the divorce at any time after 90 days from the date the divorce was served on the other party.  That portion of the law has never changed.

However, this entire discussion about “no-fault” divorce involves the divorce only; property division, (called “equitable distribution” by the new divorce code”), alimony, and requests for attorney fees could not be addressed until grounds for a divorce had been established.   Unlike the previous “title” approach to property division, equitable distribution assumes that everything acquired during a marriage by either party, regardless of title, is “marital property” and will be divided between the parties according to what is “fair,” by the courts, if the parties are unable to agree.

During the period when a “no-fault” divorce could only be requested after a 3-year separation (or even a 2-year separation) in PA, bifurcation was a hot topic. In addition, those couples who had been separated for (sometimes many more than) 3 years at the time the new Divorce Code became effective, were anxious to move on with their lives.  They wanted a mechanism whereby the divorce itself could be granted while property division was pending.   Initially, the courts often “bifurcated” divorces as a matter of course.  However, because of the problems of dividing pensions, pensions beneficiary designations, the loss of health insurance, and a host of other issues, the courts began to deny bifurcation if one spouse said no.  In 2004, an amendment to the Divorce Code put an end to bifurcation of divorces.  Although under certain extreme circumstances divorces can still be bifurcated, especially now that the one-year separation rule has gone into effect, requests for bifurcation are less and less likely to be made, and less likely to be granted by the courts.

3 Mistakes to Avoid When Hiring a Family Law Attorney

Posted on by Barbara J. Shah

Family law attorneys are experts in many different issues. They’ve dedicated their practice to helping families solve problems and create solutions. Whether you’re facing divorce or are in the process of adopting, an attorney can assist you. When seeking the help of an attorney, there are a few common mistakes that people make. Avoiding these mistakes ensures that you retain proper representation and that your legal troubles are handled correctly.

Waiting too long to hire an attorney

Many people wait too long to hire an attorney. Instead of searching out the right representation as soon as the situation calls for it, they wait to see how things play out. Maybe they think that they can work things out without an attorney or maybe they spend too much time researching which attorney to hire. Either way, it’s important to hire an attorney quickly to ensure that you’re treated fairly throughout the process.

Hiring an attorney that doesn’t specialize in Family Law

While it’s important to hire someone quickly, it’s more important to hire the right person. There are dozens of attorneys out there. Chances are you probably know an attorney. Not every lawyer should be trusted with your case. It’s important that you find an attorney that specializes in family law, has passed the bar, and has experience in dealing with cases like yours.

The attorney that you do hire should be able to give you some basic answers up front. Many people make the mistake of hiring an attorney that looks good on paper, but doesn’t give them the right information from the beginning. Whether it’s their financial policy or their strategy, a good attorney will always be transparent.

Hiring an attorney that you don’t trust

Finally, don’t make the mistake of hiring an attorney that you don’t feel comfortable with. You’re trusting your finances and the future of your family to your chosen lawyer. It’s important that you trust them and feel confident in their ability to represent you.

The Shah Law Group, located in Bethel Park, is your source for legal representation. Our practice was built on the philosophy that each client interaction should be handled carefully and efficiently. We continually strive for exceptional communication and compassion. No matter what your legal issues may be, trust the Shah Law Group to handle them.

Explore your legal options by visiting www.shahlawgroup.com.

Why Can’t Things Just Stay the Same?

Posted on by Barbara J. Shah

I have been practicing primarily Family Law for more than 30 years.  When I first began my law practice, the “new” Divorce Code of 1980 was still trying to be understood by the PA populace.  Until then, the only way it was possible for a couple to get a divorce in PA, the “innocent and injured spouse” had to filed a divorce complaint listing the terrible things his or her spouse had done to make the marriage final, then there had to be a trial on these issues, and the court would enter a divorce decree. Many Pennsylvanians had been living separate and apart for many years, resigned to the fact that, if they were not the “innocent and injured spouse,” they could not get a divorce from their former loved one.   Suddenly in 1980, the floodgates opened.  As originally written, the law granted the right for a “guilty” spouse who had been living separate and apart for 3 years or more to request a divorce from the “innocent” spouse by filing an affidavit alleging a 3 year or more separation, and serving it on the other spouse.  Suddenly there was no defense to the divorce, and the best thing the defendant/spouse could do was to request from the court a fair property distribution and some alimony.  For others just then separating couples, it gave the left-behind spouse a 3-year window to get ready for the divorce.   In 1987, the law was changed to turn the 3-year separation requirement into a 2-year separation.  By 2016 it left PA one of the few states in the US with a long separation requirement, possibly the longest one.  However, in 2016, the PA legislature again changed the law to allow a party to request a divorce from the spouse after only a 1-year separation.  What this means is that if you were the left-behind spouse, and for some reason had no idea it was coming, you have a year to cope with the anger, frustration, and fear, let alone the financial adjustment, before grounds for a divorce have been established.  Sadly enough, this is a very difficult process for many of them.  Whether the marriage was a short one or a long one, the shock of your spouse telling you they are leaving and want a divorce is often extreme.  Why me?  We made promises to love and cherish each other for the rest of our lives, and here my spouse is leaving me.  Why can’t things just stay the same?

I have learned that the answer to this question is a painful one.  My husband of nearly 55 years passed away a few months ago. At first I was extremely sad, wondering why I had to go through this, it was unfair.  Slowly I have come to the realization that sad events will happen to us throughout our lives, and the way we deal with them will set the tone for how we deal with others.  I have my adult children and my grandchildren.  I have friends.  I have clients.  I had to pick myself up and stop feeling sorry for myself and begin to make a life that was entirely different from before.  Of course, I wish things could stay the same, but they cannot.  I have accepted that and look forward to good times with my family and friends in the future.  And you can too.

An Open Letter to Adult Children of Divorcing Parents

Posted on by Kristen Anders Bojarski

Dear Adult Children of Divorcing Parents:

So your parents are going through a divorce.  Seems odd, right?  We tend to think of divorce like a sickness we acquaint with childhood, such as chickenpox.  If this was destined to happen, your parents should have gotten it over with in your early childhood years, right?  Actually, it is not uncommon for people who are in their later years of life with adult children to decide to get divorced.  There are a lot of reasons for this phenomenon.  Some people choose to wait until their children are grown, some grow apart over the years, some “cheat” on the other, or maybe they just fall out of love and are tired of going through the motions.  Sometimes one parent who has been bullied and belittled (and sometimes abused) by the other during the marriage gets counseling and gets up the nerve to go.

No matter what the reason your parents are splitting up, we have two words for you:  Butt out!

However, once you establish an adult relationship with your parents, you will find that adult relationships are not that simple.   Some things which appear to be entirely the fault of one parent come into focus as more of a shared issue.  You may come to realize that you are identifying with the bullying parent and have disdain for the bullied parent, which you have been experiencing all of your life. Let me give you a clue:  if one parent comes crying to you for support and to get yet on “their side” in the divorce litigation – Run!  You are a child of both parents; if that parent needs someone to talk to, they should get professional help.  Unloading their anxieties and frustrations of the marriage or the divorce litigation on their children is very unhealthy, both for the parent and the child.

We are always concerned when adult children get involved in the divorce litigation to support one parent or punish the other.  (In fact, this unfortunately happens with non-adult children.  If you see a parent unloading on an at-home, minor sibling, step in and tell the parent to stop, and counsel the sibling to stay out of the middle.)   We find that adult children who side with one parent sometimes attempt to “guilt” the rejected parent into accepting an unfair settlement.  It is not for the children to judge or to try to get one parent to take less or “walk away.”  Do you plan to care for the parent who gets less than they are entitled to in the divorce settlement, when they are old and sick and don’t have enough money to support themselves?

If you are an adult child and have concerns about what is happening in a divorce between your parents, ask the parent you are concerned about to schedule an appointment with you and their lawyer to discuss your concerns.  If that parent doesn’t have a lawyer, suggest that they get one.  There is no need for a divorce to be ugly.  If both parents are willing to be civil, then both parents should know their rights under the law.  Their settlement should be fair to both of them.

Once your parent is represented by a competent lawyer and knows their rights, step back.  You – and your parents – will have the rest of your lives to pick up the pieces and begin a different relationship.  You, your parents and your siblings will be all the better for having taken this advice.