Law Offices of Don J. SolomonLaw Offices of Don J. Solomon2024-03-11T22:08:58Zhttps://www.hatborolaw.com/feed/atom/WordPress/wp-content/uploads/sites/1501549/2020/10/cropped-favicon-icon-32x32.pngOn Behalf of Law Offices of Don J. Solomonhttps://www.hatborolaw.com/?p=471732024-03-11T22:08:58Z2024-03-11T22:08:58Zcritical points if you're contemplating keeping your marital home.
Affordability
You must assess whether you can afford the overall costs of the home on your income. This includes mortgage, utility, property taxes, maintenance, and insurance payments. You may need to review your budget closely to determine if staying in the home is financially sustainable in the long term.
Mortgage refinancing
If you decide to keep the home, you'll likely need to refinance the mortgage solely in your name to remove your ex-spouse from the obligation. This process involves qualifying for a new mortgage. It's essential to understand the refinancing requirements and to gauge your eligibility.
Equity and buyout
Keeping the marital home usually means compensating your ex-spouse for their share of the equity in the property. A critical step is an appraisal of the home's current market value. You'll need to negotiate a fair buyout amount, which may involve liquidating other assets or agreeing to a payment plan. Understanding the equity stake and developing a viable plan to manage the buyout is pivotal.
Emotional considerations
While emotional attachment to a family home can be strong, weighing these feelings against practical realities is important. Consider whether staying in the home will truly benefit your well-being and any children involved. Sometimes, starting fresh in a new place can offer emotional benefits that outweigh the familiarity of the old home.
Impact on children
If you have children, their needs and stability should be a top priority. Staying in the marital home can give them a sense of continuity and security during a tumultuous time. However, you'll need to consider whether you can maintain their standard of living and support their needs from this location. If appropriate, discussing the situation with your children can also provide valuable insight into their feelings about where they wish to live.
Your marital home is only one aspect of property division, so you must consider every aspect simultaneously. Seeking legal assistance can help you to determine how to proceed with this aspect of the divorce process.]]>On Behalf of Law Offices of Don J. Solomonhttps://www.hatborolaw.com/?p=471722024-02-10T21:49:47Z2024-02-10T21:49:47ZAn improvement in circumstances
Often, litigated custody orders that limit one parent's time with the children are the product of unusual circumstances. There may be evidence of abuse, neglect or medical issues that prevent someone from being the actively-involved parent that their children require. If someone undergoes substance abuse treatment or finally obtains their own rental home after living on a friend's couch for months, their improved personal circumstances could justify a request for a Pennsylvania custody modification.
Changes in someone's schedule
Occasionally, the reason that one parent has less time with their children than the other parent in the family is that they have a restrictive schedule. Maybe they work incredibly long and irregular shifts as a medical professional or frequently travel out of the state for a corporate sales career. If a parent changes or stabilizes their schedule, they may be able to commit to showing up for their children more regularly. Proof of changes to someone's employment or daily schedule might convince the courts to change their allocation of parenting time as well.
Unsafe circumstances at the other home
Another reason why one parent might ask for more parenting time is because they worry that the children are in an unsafe or unhealthy environment when they stay with the other parent. If there is evidence of abuse, neglect or substance abuse issues affecting the parental abilities of the other adult in the family, then a parent could go back to the family courts and ask for more time with their children.
Custody modifications are possible in numerous different scenarios. So long as a parent agrees on modification terms with their co-parent – or they can prove that there has been a substantial change in circumstances and that the modifications they request are in the best interests of their children – judges might agree to grant them more time with the children and possibly more authority over their lives as well.]]>On Behalf of Law Offices of Don J. Solomonhttps://www.hatborolaw.com/?p=471712024-01-11T21:24:10Z2024-01-11T21:24:10Zeffective strategies can make this journey smoother and more favorable for everyone involved. Recognizing and practicing specific approaches can help to enhance a co-parenting experience.
Leave the past alone
Focusing on the present and future rather than dwelling on past conflicts is crucial in co-parenting. This approach helps redirect energy towards constructive collaboration for the child's benefit. Letting go of past issues can empower co-parents to establish a more effective and focused parenting partnership.
Communicate with respect
Effective communication is usually the cornerstone of successful co-parenting. This means engaging in respectful, clear and purposeful conversations. Keeping communication child-focused is essential, and avoiding personal attacks or bringing up issues unrelated to parenting is essential. Written communication tools like emails or co-parenting apps can help maintain clarity and records.
Encourage family relationships, when appropriate
Maintaining positive relationships with extended family members is often beneficial for children. Encouraging your child to spend time with relatives from both sides can potentially foster a sense of belonging and continuity. After all, a child’s connection with their extended family is (usually) separate from any interpersonal issues between the parents.
Compromise for the child's best interests
Compromising often plays a vital role in effective co-parenting. This involves making decisions that prioritize the child's best interests, even if it requires flexibility and understanding from both parents. Being willing to adjust schedules, share responsibilities and collaborate on parenting decisions are potential examples of putting a child's needs first.
Co-parenting requires effort, patience and a commitment to a child's well-being. It’s possible for children to thrive when their parents can work as a team to raise them. Taking the time to cut out stress and working through the problems that come with sharing children after a split can give everyone a more stable situation. Setting the terms for this arrangement in a child’s parenting plan is beneficial because it provides enforceable guidelines for everyone involved.]]>On Behalf of Law Offices of Don J. Solomonhttps://www.hatborolaw.com/?p=471692023-12-13T15:04:34Z2023-12-13T15:04:34ZThere are six grounds for fault-based divorces
Pennsylvania state law outlines a half dozen different scenarios in which one spouse can divorce the other while maintaining that the non-filing party is to blame for the divorce. The six grounds for a fault-based divorce in Pennsylvania include:
desertion/abandonment for at least a year
adultery
physical abuse
bigamy
a criminal conviction carrying two or more years of imprisonment
creating a burdensome life through indignities to the other spouse
The courts can also grant a divorce based on the institutionalization of one spouse during the marriage for insanity. The institutionalization must last for at least 18 months to qualify as grounds for a divorce.
Are fault-based divorces worthwhile?
Many states that have no-fault divorce options have eliminated fault-based divorce proceedings. While Pennsylvania does allow for a fault-based divorce, pursuing one is not necessarily the best option for everyone who meets the standard. Fault-based divorces are often more acrimonious, as people may resent the claim that they are personally to blame for the marital breakdown. There is also a burden of truth that falls to the filing spouse. They have to establish that their situation meets the statutory requirements for a fault-based divorce.
Finally, there are minimal practical benefits obtained from a fault-based divorce. Pennsylvania judges typically do not consider marital misconduct when resolving disputes about property division. Therefore, the benefit of proving fault will largely be a sense of vindication or religious benefits for those who belong to certain churches.
People may need to think carefully about their options when deciding how to handle Pennsylvania divorce proceedings. Discussing fault-based divorce and other options with an attorney may help people choose the best solution possible when preparing for divorce in Pennsylvania.]]>On Behalf of Law Offices of Don J. Solomonhttps://www.hatborolaw.com/?p=471682023-11-08T15:47:20Z2023-11-08T15:47:20Zthree months' salary. Some people spend thousands or even tens of thousands of dollars to buy the right ring. At the time of the purchase, the person who is buying the ring is simply excited to propose and expecting to get married. What happens if they get divorced?
For example, say that you spent $20,000 to buy an extravagant engagement ring for your significant other. You got married, but then your spouse asked for a divorce five years later. You asked them for the ring back, hoping that you could sell it to recoup at least a portion of those costs. But they refused to return it. Should you get the ring back or are they allowed to keep it?
A conditional gift
The issue of who gets the ring when a couple breaks up often depends on when the relationship ends. The reason for this is that an engagement ring is viewed, legally speaking, as a conditional gift. At the moment that you gave that ring to your significant other, you asked them to marry you and they agreed to do so. If they had said that they wouldn’t marry you, you would have kept the ring the entire time.
The gift, in this sense, has been conditional from the very beginning. That condition was fulfilled when you and your spouse got married. If your spouse had broken off the engagement before you tied the knot, then they would have had to return the ring. However, since you are getting a divorce after you have already gotten married, the condition attached to the gift has already been met. Your spouse only had to go through the process of getting married in order for them to be eligible to keep the ring. They are not obligated to stay married forever, and getting divorced in the future does not mean that they have failed to meet the conditions that were set before they took ownership of the gift in question.
A complicated divorce
As you can imagine, issues like this can become very complicated during a divorce, and financial issues often become quite contentious. Seeking legal guidance can help you to understand which assets you’re entitled to and how to go about securing a favorable outcome to your divorce case.]]>On Behalf of Law Offices of Don J. Solomonhttps://www.hatborolaw.com/?p=471292023-10-19T23:31:44Z2023-10-19T23:31:44ZMoney-related matters
At the top of the list of stressors is finances. More contentious divorces take up even more time, which results in more legal fees. When one household becomes two dwellings, costs increase with one or both spouses footing the bill.
The spouse who wasn’t the primary wage earner faces more challenges post-divorce. They face a potentially difficult time financially. Proactive planning and sound strategies could reduce costs and set both spouses up for a more stable financial future.
Compromise is key
Finding common ground may be difficult during a legally complex and emotionally charged time. However, a pragmatic approach that minimizes emotional elements can help keep the peace while focusing on the best interests of children.
Divorce litigation is expensive and only prolongs already lengthy proceedings. Setting aside differences, even temporarily, can help divorcing couples move on to the following chapters of their respective lives.
Provided domestic violence was not a factor in the divorce, alternative dispute resolution that includes mediation can save money, as opposed to expensive litigation. However, it requires both spouses to be on the same page and commit to a compromise that works for them and their kids.
]]>On Behalf of Law Offices of Don J. Solomonhttps://www.hatborolaw.com/?p=471232023-11-03T14:39:55Z2023-09-21T04:01:03ZWhy eight years?
Experts say that in the first years of marriage, your partner plays a significant role in your life. Perhaps marriage was your escape from a difficult home environment and your spouse became a bit of a savior in your eyes. Or maybe your spouse helped you to create the life you wanted by becoming a parent or establishing a household. The point is life tends to be interesting and exciting in the beginning of marriage.
By the time year eight rolls around, you may have settled into a life of parenting, paying bills, and going through the seemingly endless routine of daily living. Some of the magic you felt in the beginning for your partner may have dissipated, and you now notice more flaws in your relationship than before. This is where the danger of divorce looms its ugly head.
How to protect your marriage
Keep lines of communication open, and don’t be afraid to talk about issues that are bothering you. Your partner cannot fix a problem they do not know exists, and you can’t assume they are aware of your unhappiness. Also, try to spend time together doing activities that bring you closer. Having fun with your spouse is a great way to rekindle your relationship and avoid potential marital issues.
Sometimes, no matter how hard you try, divorce maybe the only option. If this happens, it is still important to communicate with your spouse in a friendly and loving manner as much as possible. Good communication can help you reach a fair divorce settlement and a good future for you and your family.]]>On Behalf of Law Offices of Don J. Solomonhttps://www.hatborolaw.com/?p=471212023-08-25T05:03:38Z2023-08-25T05:03:38ZCareer choices
Your career choices dictate where you work or potential positions you don't accept. Some married couples can struggle when one or both parties work too much. Similarly, marriage issues arise when one person works more than their spouse who doesn't have a job. About 46% of marriages end due to one or both spouse's career choices.
Housework-related disputes
Understandably, most adults don't look forward to cleaning their homes after a long day. Sometimes, a married couple can easily agree on who does what regarding house chores. However, some couples find housework to be a hot-button issue that often leads to disputes. Disagreements about household labor is a factor in about 43% of divorces.
A lack of family support
When starting your own family, it's human nature to want family members to support this decision. But this kind of acceptance doesn't always happen. Whether you clash with your or your spouse's family, either situation can doom a marriage. About 39% of marriages ended in divorce due to a lack of familial support.
Disagreements about friends
Having a network of friends can help you celebrate happy times and get through difficult situations. Unfortunately, a married couple's friends can sometimes cause relationship issues. Sometimes, one person doesn't enjoy the company of their spouse's friends. Nearly 35% of marriages end due to friendship-related problems.
Most people assume that couples divorce due to reasons involving money. While this is the reason for some divorces, research shows that only 28% of couples end marriages over money-related disputes.]]>On Behalf of Law Offices of Don J. Solomonhttps://www.hatborolaw.com/?p=471202023-11-06T02:09:06Z2023-07-25T01:07:46ZOpen and transparent communication
Communication is the cornerstone of successful co-parenting. Parents should maintain open channels of communication regarding school-related matters, including important dates, academic progress and extracurricular activities. Utilize platforms like emails, shared calendars or co-parenting apps to facilitate seamless information exchange.
Consistent routine
Children thrive on consistency and predictability. Collaborate on establishing a consistent daily routine that covers school drop-offs and pickups, homework time and extracurricular activities. Having a stable schedule will help children adjust better to academic demands.
Shared decision-making
Both parents should actively participate in making important decisions about their children's education. Collaborate on choosing schools, selecting extracurricular activities, and addressing specific learning needs.
Supportive environment
Create a supportive environment in both households that fosters learning and academic achievement. Encourage regular study time, provide necessary school supplies and show genuine interest in your child's educational progress.
Conflict resolution
Child custody issues might occasionally lead to disagreements. It is crucial to resolve conflicts respectfully and away from the children. If necessary, consider seeking the assistance of a mediator or therapist to work through any contentious issues.
Inclusion of new partners
If either parent has a new partner, discuss their roles in the children's lives during the school year. Ensure that all parties are on the same page about expectations and responsibilities.
Flexibility and adjustments
Recognize that circumstances may change throughout the school year. Be willing to adjust the co-parenting plan to accommodate unforeseen events or changing needs.
Keep the focus on your children
Back-to-school co-parenting plans provide children with stability and support during the transition. By setting aside personal differences and focusing on the child's best interests, parents can create an environment that fosters academic success and emotional well-being.]]>On Behalf of Law Offices of Don J. Solomonhttps://www.hatborolaw.com/?p=471182023-06-23T22:17:27Z2023-06-23T22:17:27ZUnderstanding parental alienation
Parental alienation happens when a child rejects one of their parents and refuses to spend time with them. It can be mild, where the child still has some contact with the parent, but it can progress to severe, where the child can go months without any contact with the parent they are rejecting. Sometimes the child’s actions are in response to their preferred parent’s feelings about their other parent. Other times, the child’s own anger at the divorce and their perception of the parent’s role in it can lead to their rejection of that parent.
Treating parental alienation
Whether the parental alienation is mild or severe, it can be treated. However, dealing with and overcoming parental alienation involves the whole family. Some of the ways parental alienation can be dealt with include:
Whole family therapy encouraging the child to rebuild or continue building a positive relationship with their rejected parent by understanding that their preferred parent is supporting the changes in the relationship
Increased one-on-one time between the child and the parent they are rejecting and a temporary separation from the parent who they prefer and has encouraged the alienation
Counseling the parent who has actively behaved in a way that causes the alienation to overcome those behaviors then following with whole family counseling involving the parents and the child
When families deal with parental alienation, they can focus on rebuilding the positive aspects of the relationship between the child and each of the parents. This can help the parents move on with their lives after divorce and to focus on raising their children in a supportive environment.]]>