Sweeney Law Offices, LLC Family Lawyer Cranberry Township PA | Sweeney Law Offices2024-02-07T03:14:21Zhttps://www.sweeneyfamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302150/2020/04/apple-touch-icon-75x75.pngOn Behalf of Sweeney Law Offices, LLChttps://www.sweeneyfamilylaw.com/?p=491122024-02-07T03:14:21Z2024-02-07T03:14:21ZFair isn't necessarily equal
The financial implications of divorce are its most complicated aspect. Dividing assets and liabilities in a divorce is highly confusing, especially if you don't know what you are doing. You'll encounter various words that can have you reeling, wondering what they mean.
Mediation is often the key
Even if you don't believe your spouse should get certain assets, the courts may decide otherwise, so it's in your best interests to negotiate a decision on whether your divorce is contested and settled in court or uncontested and decided through mediation. Mediation allows couples to agree on issues that are important to both sides. Without mediation, you may be at the mercy of a family law judge who dictates a settlement that leaves you and your spouse unhappy with the outcome.
Determining what is important to you
Deciding what is essential in your divorce settlement is one of the most crucial steps in divorce negotiations. Making a list of what you would prefer to have as part of your settlement is the first step. Once you list your important assets, you can begin negotiations. However, remember that you may not get everything you want in a negotiated divorce settlement. There will be give and take on both sides.
Working with professionals like a mediator and a certified divorce financial analyst can help you understand your options and provide advice on how to negotiate the fairest possible settlement. These individuals do not have an emotional stake in your negotiations, so they can help you reach an equitable settlement that will satisfy you, your spouse and the courts.]]>On Behalf of Sweeney Law Offices, LLChttps://www.sweeneyfamilylaw.com/?p=490892023-12-12T07:24:23Z2023-12-12T07:24:23ZThe best interests of the child
With all decisions regarding custody, the best interests of the child must be protected. When a parent requests permission to relocate, the court will evaluate a group of factors as part of the decision process, including:
The quality of the relationship between the child and each parent
The child’s wishes on the relocation depending on their age
Benefits of the move for the child and the relocating parent, such as educational, emotional or financial benefits
Reasons why a parent wants to move or why a parent opposes relocation
Proposed custody and visitation schedule
Information needed by the court
The parent asking for relocation must provide specific information to the court. This includes:
Date of the proposed relocation
Address and telephone number of the new home
Names and ages of the residents of the new home
Information on the new school and school district
Proposed new custody schedule
What to do if the other parent opposes the relocation
When both parties agree to the relocation and the custody order modification, the process will be simpler. However, when one of the parents opposes the relocation, the parent who wants to move must notify the other parties of their intention to move at least 60 days before the move. That parent will then have 30 days to respond and file their objection. A hearing is then held to determine the outcome of the situation. If the relocation is granted, a custody order modification is made.
If you want to file for relocation, you will have the burden of proof to show that this is in the best interest of the child. Make sure to gather documentation and provide all information requested by the court to strengthen your case.]]>On Behalf of Sweeney Law Offices, LLChttps://www.sweeneyfamilylaw.com/?p=490872023-10-05T01:34:07Z2023-10-05T01:34:07ZWhen the parent is deceased
Pennsylvania law recognizes that it is essential for children to be able to maintain a relationship with their grandparents and great-grandparents in certain situations. In the event that a child's parent dies, grandparents and great-grandparents can file for partial physical custody in court. They may also file for supervised physical custody, and, depending on the situation's specifics, such as a child with two deceased parents, may have additional rights.
When the relationship began with consent or a court order
Suppose parents allowed grandparents or great-grandparents to have a relationship with the child or have court-ordered permission. In that case, this precedent helps support the grandparents' rightsto file for partial or supervised physical custody. This situation typically applies when the child's parents begin custody proceedings.
If the child's parents do not agree on whether grandparents should have custody rights, the grandparents or great-grandparents can pursue legal action.
Grandparents can also seek custody or guardianship if the child's parents cannot provide proper care or if abuse or neglect is present.
When a child lived with a grandparent or great-grandparent
If a child was consecutively living with the grandparents or great-grandparents for at least 12 months, with no significant breaks, they could not prevent the parents from removing the child from their home.
Pennsylvania law generally places grandparents' rights second to the rights of the parents regarding child custody.
However, the grand or great-grandparents can, within six months of the child leaving their home, file legal action for partial or supervised physical custody of the child under Title 23, section 5325 of Pennsylvania's statutes.
Navigating the complexities of grandparents' custody rights can become complex. In all cases, the child's best interests remain the main consideration.]]>On Behalf of Sweeney Law Offices, LLChttps://www.sweeneyfamilylaw.com/?p=489072023-08-07T04:05:52Z2023-08-07T04:05:52ZDivorce can be complicated
If you have children, you'll need to negotiate a child support and child custody agreement. You will also need to negotiate property division terms and resolve other issues related to ending your marriage per state law. Depending on the circumstances of your case, it may take months to appraise your home, determine the status of an asset or obtain proof of hidden assets. If you must take your case to trial, it could be several months or years before a divorce decree is issued.
Your spouse may hold back
A divorce can proceed even if your spouse doesn't want to end the relationship. However, this doesn't mean that your partner will respond to divorce paperwork promptly. It's also possible that your partner will actively avoid being served to drag out the divorce process as long as possible.
You hesitate to file paperwork
Getting a divorce is an emotional experience even if you are certain that it's the best course of action. Therefore, you might take a few weeks or months before deciding to file relevant papers with the court. It's also not uncommon to agree to seek counseling before getting divorced, which may add several months to the marriage termination timeline.
You may be entitled to spousal support, child support and other resources in a divorce settlement. This is typically true regardless of why you are seeking to end your marriage. Bank statements, tax records and other documents may allow you to establish the value of the marital estate and whether a given asset should be included within it.]]>On Behalf of Sweeney Law Offices, LLChttps://www.sweeneyfamilylaw.com/?p=489012023-06-08T04:47:49Z2023-06-08T04:47:49ZDivorce planning and documentation tools
Online tools such as divorce planning software and document management platforms are valuable resources for organizing and streamlining the divorce process. These tools often provide step-by-step guidance and even help you cut through the red tape, allowing couples to create comprehensive divorce plans, track important deadlines and generate necessary legal documents. By centralizing and automating these aspects, individuals can save time, reduce stress and ensure they adhere to the legal requirements of their divorce.
Co-parenting and communication apps
Co-parenting and communication apps have revolutionized the way divorced or separated parents coordinate and communicate about their children. These apps offer features like shared calendars, expense tracking and secure messaging platforms. They promote effective co-parenting by facilitating clear communication, organizing schedules and providing a centralized site for discussing important matters related to child custody, visitation and expenses.
Online mediation and dispute resolution services
Mediation plays a crucial role in many divorce proceedings, allowing couples to negotiate and reach mutually agreeable settlements and avoid time-consuming litigation. Online mediation platforms offer virtual mediation sessions, allowing couples to work with professional mediators remotely. These platforms often provide secure video conferencing, document sharing and messaging features to facilitate efficient and effective mediation.
Financial management and budgeting tools
Online tools and apps dedicated to financial management and budgeting can assist individuals in organizing and tracking their post-divorce finances. These tools help users create budgets, monitor expenses, track assets and liabilities and plan for their new future. By providing a clear financial snapshot and promoting responsible money management, these tools empower you to navigate the economic challenges that arise during and after divorce.
Leveraging online tools to cope with divorce
Marriages offer people security in sharing everyday responsibilities. Once this union breaks, you can feel overwhelmed with the burden of having to deal with your divorce as well as your daily tasks. By leveraging specialized computer programs, individuals can streamline their divorce proceedings and effectively set a new course for themselves.
Opening the next chapter in your life can be a lot easier with the help of a few time-saving apps that will simplify complicated tasks and offer you the support you need in this challenging time.]]>On Behalf of Sweeney Law Offices, LLChttps://www.sweeneyfamilylaw.com/?p=488912023-04-06T02:51:45Z2023-04-06T02:51:45ZDivision of assets
Depending on the laws of the jurisdiction and the divorce settlement terms, assets accumulated during the marriage may be subject to equitable distribution or community property laws. This means that assets such as property, investments, retirement accounts and businesses may need to be divided between the two parties. This division of assets can result in the loss of substantial wealth that was accumulated during the marriage, leaving both parties with reduced financial resources.
Alimony and child support
In many divorce cases, one spouse may be required to provide alimony or spousal support, and child support to the other spouse and any children involved. These financial obligations can impact a divorcee's ability to meet personal financial goals, such as saving for retirement, buying a home or pursuing further education. The amount and duration of alimony and child support payments are typically determined based on income, earning potential and standard of living during the marriage and can have a significant financial impact on both parties.
Legal and court fees
Divorce proceedings can be a costly affair. Legal fees, court filing fees and other related expenses can add up quickly, especially if the divorce process is drawn-out or contentious. These expenses can strain an individual's finances and create additional stress during an already challenging time.
Changes in living arrangements
One or both parties may need to find a new place to live, resulting in increased housing costs, such as rent or mortgage payments, utilities and commuting expenses. This change in living arrangements can put an individual's monthly budget at risk of being derailed.
Tax implications
The division of assets and the receipt of alimony may trigger tax consequences, such as capital gains taxes or changes in tax filing status. It is important to understand the potential tax implications of divorce and plan accordingly to avoid unexpected financial liabilities.
Impact on retirement planning
Retirement accounts accumulated during the marriage may need to be divided, which can impact one's retirement savings and long-term financial security. You may need to reassess retirement goals, savings strategies and investment portfolios to account for the changes in financial circumstances resulting from your divorce.
Divorce can have a significant impact on your personal finances. Being proactive about a separation's financial impact can save you a lot of anxiety down the road.]]>On Behalf of Sweeney Law Offices, LLChttps://www.sweeneyfamilylaw.com/?p=488892023-02-08T00:52:31Z2023-02-08T00:52:31ZAll the secrets come out
During the process of creating a prenuptial agreement, you must disclose all of your assets and liabilities. You must also typically disclose any sources of income that you have. Your partner must do the same, which means that you'll have a full understanding of your financial situation before getting married. This may make it easier to determine if you can afford to buy a house, have a child or make other significant investments.
Marriage doesn't always end in divorce
The prenuptial agreement will likely include language referring to how property is split in the event of a divorce. However, the agreement can also be modified to account for what happens to the property if you or your partner die. For instance, the contract may stipulate that the surviving partner can stay in the home until death even if ownership of the home transfers to your children or another party.
Protect children from a previous marriage
A prenuptial agreement may be ideal if you have children from a previous marriage. The contract may state that assets brought into the marriage are separate assets that will go to your kids in the event of your death. Alternatively, it ensures that assets remain in your control if this marriage also ends in divorce.
Ideally, your marriage will last until you take your final breath. However, the reality is that the success of your relationship may depend at least partially on factors outside of your control. Having a prenuptial agreement in place may allow you to regain a sense of certainty about what your future holds regardless of what happens.]]>On Behalf of Sweeney Law Offices, LLChttps://www.sweeneyfamilylaw.com/?p=488882023-09-21T12:08:10Z2022-12-13T20:05:15ZMoving without the child
If a parent decides to relocate without the child, the court will consider several factors, including:
The age and developmental stage of the child
The relationships between the parent and the child
The impact of relocation on extended family members such as grandparents, aunts and uncles
How much contact will be available between the parent who relocates and the child at their new location
Whether or not there is agreement from both parties about moving to a new location.
If the judge decides that the relocation is in the child's best interest, for example, if the move improves their quality of life, they may grant a parent permission to relocate without the child. However, they will have to amend the child custody arrangement to reflect the new circumstances.
Moving with the child
If a parent wishes to relocate with their child, they must provide written notice of the proposed move to any other custodial or noncustodial parents. This notification must be made at least 60 days before the relocation and should include information about where you are moving and when. A court will then decide whether to grant permission for this type of relocation by considering the child's best interest and the potential impact of the move on their relationship with the non-relocating parent.
It is important to note that relocation cases are highly fact-specific, and the court will deal with each situation differently depending on the individual circumstances. However, the basic steps include notifying the other parent and the court of your intended move. Failing to do this can lead to losing custody rights or even the potential for criminal prosecution.]]>On Behalf of Sweeney Law Offices, LLChttps://www.sweeneyfamilylaw.com/?p=488742022-10-06T19:22:01Z2022-10-06T19:22:01ZChild custody is always awarded to the mother
While it is true that mothers have historically been awarded child custody more often than fathers, this is changing. In recent years, courts have been increasingly awarding joint or shared custody to both parents. Additionally, there are many factors that a court will consider when making a custody determination, and the gender of the parent is not necessarily one of them. Some of the most common ones include the child's age, the parents' relationship with the child, and each parent's ability to provide for the child.
Fathers always have to pay child support
It's also true that fathers are typically the ones who are ordered to pay child support, but this is not always the case. You may be ordered to pay child support even if you have joint or shared custody of your child. The amount of child support that you'll have to pay will depend on a number of factors, including your income, the needs of the child and the custody arrangement.
Child custody is always decided by a court judge
Going to court is not always necessary to resolve child custody issues. In fact, many couples are able to reach an agreement on child custody through mediation or negotiation. A mediator is a neutral third party who can help you and your ex-partner reach an agreement on child custody. If you are unable to reach an agreement, then a judge may make the final decision for you.
If you are going through a divorce or separation, you may have come across these or other myths about child custody. It's important to remember that while each case is unique, it's still important to educate yourself about child custody so that you can make the best decisions for your family.]]>On Behalf of Sweeney Law Offices, LLChttps://www.sweeneyfamilylaw.com/?p=488612022-08-10T17:32:31Z2022-08-10T17:32:31ZYou aren't in love with your partner anymore
Over a period of several years or decades, you may realize that you don't have anything in common with your spouse anymore. It's also possible that you never shared common interests but felt obligated to stay together for the kids or because you were scared to be alone. Although your partner doesn't harm you in any way, it may still be in your best interest to get out of a loveless marriage and see what others have to offer.
Your partner engages in physical or emotional abuse
Ideally, you'll divorce a person who is physically or emotionally abusive as quickly as possible. The same is generally true if you're subject to financial, sexual or any other type of mistreatment. Examples of physical abuse include slapping, hitting or kicking another person. Examples of emotional abuse include disparaging comments about your looks, personality or accomplishments at work.
Your partner isn't contributing to the relationship
If your spouse refuses to contribute to household bills or get involved with important decisions, you aren't in a true partnership. Instead, you will be called upon to make the tough choices and will likely get all the blame if things go poorly. Even if you don't mind making decisions, it can still be emotionally draining to feel alone even while married.]]>