Thinking About Divorce? This Divorce Preparation Checklist Can Help

Ending a marriage isn’t usually a pleasant thing to contemplate, but it’s critical to be properly prepared. Top divorce lawyers in Chester County, PA advise clients to collect certain information and important documents to help make the process more expedient and less stressful. 

Divorce Checklist

Being methodical and organized when gathering information is vital. There are many different issues to consider, and following this checklist can help you make quick work of them. The more information you have in writing, the better.

Marriage Documents

The first items you’ll want to gather are marriage documents such as:

Marriage license – Find your marriage license and put it in a safe place. If you’re unable to locate it, request an official copy from the jurisdiction in which you were married.  

Agreements – Collect any pre-or post-nuptial agreements and estate planning documents such as wills, trusts, powers of attorney, and advance directives. If you can’t find these documents, contact your estate planning attorney to request copies.

Life insurance policies – If you and/or your spouse have any life insurance policies, gather them and put them in your file.  

Financial Documents

Money is often a point of contention, so it’s important to gather as much financial documentation as possible before you file for divorce. Some important items include:

Income-related documents such as both spouses’ paystubs from the past year, W-2s, and several years of individual and joint tax returns. If you or your spouse is self-employed, include bank statements, paid invoices, canceled checks, financial statements, profit and loss statements, and any other relevant documentation regarding income. 

Financial account information should include checking and savings accounts, investment accounts, retirement accounts, bank statements, savings certificates, CDs, security deposit boxes, and any other financial documentation. To ensure marital property is properly divided, all accounts and assets must be disclosed, whether they are held jointly or separately. 

Real estate documents like mortgage statements, proof of mortgage payments, refinancing documents, home equity loan information, deeds, real estate purchase documents, and property tax assessments and payments can be useful when it comes to the division of marital property. 

Documentation of other property you and your spouse own individually and jointly is also critical. Gather vehicle titles, registration, and proof of any outstanding debt on the vehicles. Make a list of other assets such as jewelry, household items, furniture, intellectual property, collectibles, and any other valuable items. Include their valuation if possible. If you received any inheritance individually, make sure to include evidence of that as well.

Proof of individual and marital debt such as credit cards, loans, and medical bills can help to ensure, that division of property and debt is fair. Download a copy of your credit report and put it in your file 

Think About Custody Arrangements

If you have children, it’s important to consider how your divorce will affect them and to come up with a plan that keeps their best interests in mind. Talk to a family custody attorney about creating a proposed custody plan that includes information about regular custody schedules, vacations, holidays, and important issues such as education, religion and health care. Your lawyer can also help you understand how child support works in your state. 

Being prepared for divorce can be daunting, but you don’t have to go it alone. Our affordable divorce attorneys have your back every step of the way. If you need assistance with creating a new will, our top probate lawyers can assist you with an estate plan as well. 

This blog was originally posted on https://pa4law.com/thinking-about-divorce-this-divorce-preparation-checklist-can-help/

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What are the Different Types of Child Custody?

 

If you are facing divorce or are involved in a custody dispute, it is important to understand the basics of child custody in Pennsylvania and how the different types of custody work. Good divorce lawyers are well-versed in all aspects of child custody and can help you understand your rights. Educating yourself about which type of custody you wish to seek can help you make informed decisions that are in the best interest of your child.

What is Custody?

Under Pennsylvania law, custody is the “legal right to keep, control, guard, care for and preserve a child.” Although an informal custody arrangement may be made outside of court, it is always a good idea to obtain a legal order to ensure that it can be enforced if necessary. It is also important to note that regardless of whether you are the mother or father of a child, you have equal rights when it comes to seeking custody of your children.

Types of Child Custody:

There are two basic types of child custody: Physical Custody and Legal Custody.

Physical Custody refers to where the child lives and spends their time. It may be granted to just one parent or to both, and falls into five separate categories:

1. Primary physical custody: This refers to a situation where one parent has physical custody of the child a majority of the time, and the other parent has custody or visitation rights the rest of the time.

2. Partial custody refers to the parent who has the child less than 50% of the time. For instance, if the child only spends time with one parent every other weekend, that parent typically has partial custody. This type of custody may be unsupervised or supervised by an agency, parent, or another adult, depending on the circumstances.

3. Shared physical custody is when both parents have equal (or close to equal) time with their children. For example, a child may live with each parent on alternating weeks or certain consecutive days of the week.

4. Visitation gives a parent the right to visit their child, but does not include the right to remove the child from a custodial parent’s control. Typically, visitation involves small periods of custody, such as just a few hours and may be supervised or unsupervised.

5. Sole physical custody refers to a situation where one parent has physical custody of the children all the time, as when the other parent is unable or unwilling to care for the child. However, parents who do not have any physical custody still may be entitled to legal custody, supervised partial custody or visitation.

Legal Custody gives a parent or guardian the right to make important decisions on behalf of the child, such as decisions regarding education, medical care, and religion. Ideally, when parents share legal custody, they agree on and make these decisions together. If one parent is unable or unwilling to make such decisions, the other parent could be granted sole legal custody. It is possible for a parent to have legal custody but no or very little physical custody.

How Custody is Determined

There are many different factors the court may consider when awarding custody. The main objective is to create an arrangement that is in the best interest of the child. If you are fighting for custody, child support or wish to modify an existing custody order, a family custody attorney can help to ensure your rights are protected and your child’s best interests stay in the forefront.

This blog was originally posted on https://www.pa4law.com/what-are-the-different-types-of-child-custody/

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When And How To Terminate Child Support? Everything You Need To Know

It is not unusual for divorced couples to struggle with obligations such as child support and visitation schedules. It is also tempting to link these obligations in your mind. For instance, if one ex-spouse withholds or alters child custody, the other ex-spouse may retaliate by delaying child support payments – or vice versa. This is a mistake, according to the best child support lawyers, because the court views these obligations separately.

A parent’s obligation to pay child support continues no matter what the relationship between parents or between parent and child. Do not stop paying child support even if the child is not available for your scheduled custodial time, as the consequences for you are often dire.

What should you do if your ex-spouse is not following the court-ordered custody schedule? You may take this matter directly to the court, but it is advisable to first take the matter to your family custody attorney to learn about your options. It is always best to explore all of your options for resolving the matter before taking the court’s time and attention and incurring more legal fees than necessary.

If custody is strained due to changing needs as the child grows up, it may be worth a discussion of the custody schedule with the ex-spouse. Every schedule is based on the individual needs of the child and family, and good divorce lawyers can help you formulate a custody schedule and get agreement to it from the other parent. Different custody schedules include:

●    Alternating weeks of custody;

●    Overnight visits every other weekend;

●    One weeknight visit per week;

●    One- to six-week visits during school breaks and summer;

●    Special holiday and birthday custody schedules; and

●    Any other reasonable schedule that works for the parents and children.

A delay in child support might be due to a parent being laid-off from a job. If there is a legitimate change in circumstances, you may seek a formal modification of child support. This petition can be taken to the court that issued your child support order. Discuss this with your attorney rather than simply stopping the child support payments. The consequences of nonpayment are serious and can include losing your driver’s license or even serving jail time.

Child Emancipation

An older child may request emancipation from a non-custodial parent. The court will consider the age and maturity of the child before granting emancipation. The age of 16 may be considered appropriate, but this will vary by state and by court. The court will ask the child to express his or her reasons for requesting emancipation and may also consider whether the child has had a job or is a good student.

Other reasons for emancipation might include marriage to an older spouse, military service, abandonment of the parental home, and economic independence of the child (the child is an entertainment or sports celebrity for example).

It seems as though emancipation for any reason would end the parent’s child support obligation, but the court must formally relieve the parent of this obligation. Courts are reluctant to terminate child support obligations due to concerns that the state later may need to support the child financially.

Graduation from High School or Becoming an Adult

A parent paying child support is usually not obligated to continue to pay support once the child graduates high school or becomes an adult in the eyes of the state, but the parent should get the support obligation formally terminated by the court rather than just stopping payments.

If you are struggling with terms of custody and/or child support agreements, be sure to sit down with an experienced attorney from Perna & Abracht LLC before you take any further action.

This blog was originally posted on https://www.pa4law.com/when-and-how-to-terminate-child-support-everything-you-need-to-know/

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