Law Offices of Lance T. MarshallLaw Office of Lance T. Marshall2024-02-09T18:23:23Zhttps://www.statecollegecriminallawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1404200/2023/12/cropped-New-Lance-T-M-Site-icon-32x32.pngOn Behalf of Law Office of Lance T. Marshallhttps://www.statecollegecriminallawyer.com/?p=493022024-02-08T18:24:08Z2024-02-09T18:23:23ZPreserving relationships with family
First, the court looks at the child's relationship with each parent. Justices understand that strong family bonds make children more likely to thrive.
They want to know how close the child is to each parent and how well they get along. The court also considers the physical and mental health of each parent. This is to ensure that the parent is capable of providing a safe and stable environment. If possible, the court will try to create or approve an arrangement that keeps both parents in the picture.
Relationships with other important family members can also play a role. Connections with siblings and ties to grandparents who take an active role in childrearing can sway how the court decides.
Stability, consistency and safety
Another factor is the ability of each parent to meet the child's basic needs. This includes things like providing food, clothing and a safe place to live. The court also considers the parent's willingness and ability to encourage a relationship between the child and the other parent.
Any history of abuse or domestic violence is a serious factor. If a parent has a history of harming the child or the other parent, it can strongly influence the custody decision. The court wants to ensure the child's well-being above all else.
Additionally, courts often consider the work schedules and commitments of each parent. They want to make sure that the child will have enough time with parents to maintain a meaningful relationship.
Another consideration is the child's age. Younger children may need more time with one parent, while older children might have more say in the decision. The child's adjustment to school, home and community are additional factors. In most instances, it is preferable to minimize disruptions to the child's life.
Child custody decisions in Pennsylvania involve careful consideration of various elements. Above all, the court aims to determine the arrangement that will provide the child with a stable, loving and safe environment that promotes the child's well-being and happiness.]]>On Behalf of Law Office of Lance T. Marshallhttps://www.statecollegecriminallawyer.com/?p=492982024-01-14T18:35:13Z2024-01-14T18:35:13ZBoth spouses may have an interest in the accounts
Perhaps the most common misconception ion about retirement accounts during divorce is the belief that if an account is in the name of one spouse, then they are the sole owner of that account for the purposes of property division. Nothing could be further than the truth. Even if someone began saving for retirement before they married, they very likely used marital income to fund their retirement account. Therefore, at least the portion of the account that someone contributed during the marriage is subject to division in the divorce.
Both spouses need to report even the assets that they hold solely in their own names, including retirement savings, as they begin the property division process. Of course, dividing the account is not automatically necessary. While the retirement savings may be one of the largest assets that the couple needs to address and the divorce, they don't necessarily need to split the savings.
They can reach an agreement involving other marital assets that allows them to justify the retention of the entire retirement account on their own. If the division of the retirement account is necessary, the spouses can split it without generating penalties and taxes. A qualified domestic relations order (QDRO) can facilitate the penalty-free division of retirement savings during a divorce.
A lawyer needs to draft the QDRO document, and both spouses usually need to sign it before they can present it to the professional managing their retirement account. Even in cases where the division of the account is necessary, it is possible to preserve the full balance of the savings for the two spouses rather than losing a significant portion of the account to taxes and penalties.
Those with concerns about retirement accounts may need to plan more carefully as they begin the process of negotiating property division settlement. Identifying assets with the most financial and personal importance can help people develop divorce strategies that prioritize their long-term needs.]]>On Behalf of Law Office of Lance T. Marshallhttps://www.statecollegecriminallawyer.com/?p=492952023-12-15T21:30:00Z2023-12-15T21:30:00Z1. Prioritize respectful communication
Pennsylvania has 2.4 divorces per 1,000 people. One aspect to focus on during the divorce process is maintaining respectful communication with your soon-to-be ex-spouse. Effective communication can help establish a cooperative co-parenting relationship if you have children. By fostering an environment of respect, you pave the way for smoother interactions and collaboration in the future. Courteous communication now can positively impact your responsibilities as co-parents later.
2. Clarify financial matters
Another element in building a stable future is addressing financial matters. Pennsylvania's equitable distribution laws mean that assets acquired during the marriage are subject to fair division. By ensuring transparency and fairness in financial dealings, you set the stage for a more secure financial future. Take the time to understand and discuss the division of assets and debts to avoid potential conflicts down the road.
3. Focus on emotional well-being
Divorce is emotionally taxing, and it is good to prioritize your mental health during this period. Use support systems, whether through friends, family or counseling services. Pennsylvania offers resources and support groups that can aid in the emotional healing process. Taking care of your mental well-being now will contribute to a healthier and happier life post-divorce.
4. Establish clear boundaries
As the divorce process unfolds, it is necessary to establish clear boundaries. Define expectations and responsibilities to avoid misunderstandings in the future. Clarity in matters such as property division, custody arrangements and post-divorce communication can contribute to a smoother transition into your new life.
5. Embrace change and growth
Finally, view the divorce process as an opportunity for personal growth and positive change. Embrace the chance to rediscover yourself, pursue new interests and forge a path toward a fulfilling future. Pennsylvania's divorce process often can be a catalyst for positive transformation.
Pennsylvania divorces are not just about legal separation. By using a few strategies, you can pave the way for a brighter and more fulfilling future.]]>On Behalf of Law Offices of Lance T. Marshallhttps://www.statecollegecriminallawyer.com/?p=486572023-10-13T15:29:36Z2023-10-13T15:29:36ZSet expectations
Divorce can be emotionally draining. Prepare for a rollercoaster of emotions, including sadness, anger and anxiety. Seek support from friends, family or a therapist to help you cope.
Assess your financial situation, including assets, debts, income and expenses. Gather information about your marital assets and debts. Know what you own, what your spouse owns and what you jointly own. This includes real estate, bank accounts, retirement accounts, investments and personal property.
If you have children, be ready to discuss custody and support arrangements. Focus on their best interests and be willing to negotiate with your ex-spouse for their sake. Prepare to discuss schedules, holidays and important decisions regarding the kids.
Expect legal proceedings, which may involve filing paperwork, attending court hearings and working through negotiations or mediation. Familiarize yourself with the legal process.
Assemble important documents
You should get your documentation in order prior to filing if you can. Collect bank statements, tax returns, pay stubs and any other financial documents that show your income, assets and liabilities. Gather deeds, mortgage documents and any other papers related to real estate you own, whether jointly or separately.
You also will need statements for retirement accounts and investment portfolios, along with documentation for any life, health or property insurance policies.
Also gather important identification documents, such as birth certificates, marriage certificates and Social Security cards. If you have a will, trust or other estate planning documents, make copies for reference. Maintain copies of your recent tax returns and supporting documents. Also, keep records of monthly expenses to help determine your living costs and standard of living.
Keep records of email, text messages and any written communication with your spouse that may be relevant to the divorce. If you have children, gather school records, medical records and any documents that pertain to their well-being.
Preparing for divorce allows you to navigate the process more smoothly and make informed decisions. It can also ensure you protect your rights and interests.]]>On Behalf of Law Offices of Lance T. Marshallhttps://www.statecollegecriminallawyer.com/?p=486522023-08-08T21:49:15Z2023-08-14T21:49:02ZCourts are more encouraging than in the past
Many fathers hesitate to seek equal parenting time due to the overwhelming belief that courts always side with the mother. In the past, court decisions favored the bond between mother and child. Modern custody rulings prioritize equal opportunities for both parents provided they can offer stable, suitable care.
Fathers’ rights cover more than finances
With so much focus on child support, you might think that the only rights given to fathers address the child’s financial security. Fathers’ rights go beyond just financial responsibilities. Fathers have a right to involvement, decision-making and interaction.
Paternity leave allows fathers time with newborns
Although much of the focus of family leave is often on mothers, fathers have equal rights to leave for bonding time when they have a child. If you have an infant, take paternity leave to adjust to your new family.
Fathers nurture and care for children
Society often paints fathers as emotionally unavailable and not nurturing. This is not true. Fathers are equally capable of providing emotional support and guidance for children.
Avoid the pitfalls of fathers’ rights misconceptions with education. Work with an attorney to explore the facts about your rights in family court.]]>On Behalf of Law Offices of Lance T. Marshallhttps://www.statecollegecriminallawyer.com/?p=486502023-06-20T20:43:34Z2023-06-20T20:43:34ZChild custody
It is important to know what child custody laws cover. When you have physical custody of your child, your child will primarily live with you. When you have legal custody, you can make decisions about your child's healthcare, education, religious practices and other aspects of life, even if your child does not live with you.
In some cases, a court may award joint physical and legal custody, allowing both you and your spouse to share the responsibilities and decision-making process. However, if joint custody is not feasible, the court will base the arrangement on various factors, such as the child's age and existing relationship with each parent. Keep a record of your involvement and any positive interactions with your child, as this evidence can be valuable in court.
Child support
The court considers various factors when determining child support, including the income of both parents and the number of children. If you want to modify the support guidelines, you will need to gather evidence to demonstrate the change in circumstances. This can include pay stubs, tax returns and documentation of any significant changes in employment or financial status.
A divorce proceeding takes time and can be unpredictable. You have to stay patient and resilient throughout the journey. Seeking support from friends and family can be immensely helpful during this difficult time.]]>On Behalf of Law Offices of Lance T. Marshallhttps://www.statecollegecriminallawyer.com/?p=483722023-04-18T19:03:42Z2023-04-18T19:03:42ZModification of custody
The initial custody order defines which parent has primary physical and legal custody as well as the expected schedule for visitation and holiday periods. Certain events can trigger a custody modification.
If one parent relocates, especially if the distance is prohibitive for visitation
When one parent’s work schedule changes and affects their availability
In the event of any suspected abuse or neglect allegations by either parent
The court will consider changes such as these in the determination of a modified custody order. When possible, consider the best modification solutions before you appear in court.
Modification of support
Child support calculations depend on many factors, including the income of both parents as well as which parent has primary physical custody. Certain financial or custodial situations warrant a modification.
One parent lost their job
One parent receives an increase in pay
Changes in the primary physical custodial parent
Whether the result of termination, promotion or job changes, any change in income may alter the support calculation. If the parents change the custody agreement, the percentage calculation may change as well.
Consider the changes in your situation and how they apply to your custody and support orders. Petition for modification if necessary.]]>On Behalf of Law Offices of Lance T. Marshallhttps://www.statecollegecriminallawyer.com/?p=482942023-01-31T00:08:26Z2023-02-10T00:07:20Z1. Best interest of a child
The Pennsylvania General Assembly guarantees that they will always decide based on a child's best interest. That means this factor is the overarching consideration the court considers when looking at other factors. For instance, they weigh different factors in determining if it is in the child's best interest for one parent not to have contact if they are abusive, get visitation rights, or have joint custody to keep both parents involved. But, overall, the child's best interest is always a consideration.
2. Parental involvement
The court will also consider how involved parents are in their child's life. If both parents are equally engaged, the court will want to maintain that division. However, if one parent handled every aspect of raising their child, the court might consider sole custody.
The court does not prioritize any of these factors over the other. However, it will always work toward the best interest of the child. That said, the court will not only look at one factor. Instead, it will consider as much evidence as possible and look at the big picture before making a decision.]]>On Behalf of Law Offices of Lance T. Marshallhttps://www.statecollegecriminallawyer.com/?p=482972023-02-04T17:05:55Z2023-02-04T17:05:55ZConsider therapy
Whether you are dealing with feelings of anger, sadness or regret, professional counseling or therapy can help you to work through those feelings so that you can begin to move forward. It is normal to feel stuck or experience extreme emotions when your life changes in such a big way. Learning coping strategies may help.
Pursue something new
If you are co-parenting children, you will have days that your children are not with you because they are with their co-parent. Use this new free time to pursue something you may have put off before. Take a class or start a new hobby. Find something that you can do for yourself.
Create new routines
No longer having a spouse in your space means you have the freedom to create new routines and habits for yourself. You no longer have to make decisions or schedules based on the needs and preferences of your ex.
Form new connections
You may lose friends after divorce as your shared friends choose sides. Look for ways to connect with others who share your interests. Volunteer somewhere, join a club or find a fun recreational activity. If you do not feel ready to meet new people on your own, reach out to friends and loved ones to try something new together.
As a newly single person, you can make the meals you want to eat, sleep when you want to sleep and do what you want to do with your time. Use the opportunity to practice self-care and do the things that make you happy. Find the new you.]]>On Behalf of Law Offices of Lance T. Marshallhttps://www.statecollegecriminallawyer.com/?p=482862023-01-24T22:36:04Z2023-01-24T22:36:04Zdivide your shared assets according to Pennsylvania family law. If you have children together, you must figure out child custody or have the court do so. Things like spousal support could also come up.
While you cannot avoid these issues, you can take steps now, before filing for divorce or even telling your spouse that it's over, to make the process easier. Here are four examples.
Get a clear picture of your finances. Pennsylvania law requires divorcing spouses to divide their marital assets "equitably," which essentially means fairly. With a few exceptions, marital assets include everything the two of you acquired during your marriage. In many marriages, one spouse handles financial matters like retirement savings, taxes and investments. The other spouse might not realize just how much they have in marital property. Getting copies of key documents like tax returns and statements from your bank and retirement accounts can help you understand how much you are entitled to -- and if your spouse is possibly hiding assets from you.
Start building your credit. If you have been married a long time, you might not have much recent credit history in your own name. That could make it tough to buy a house or car once you are single again. Consider taking out a credit card in your name alone to start proving you are a good credit risk. Also, close your joint accounts if you can to keep your spouse from running up a big bill that is partly in your name.
Set a budget. Knowing what you will need to afford housing, transportation and other necessities can help you decide later on if a financial settlement is acceptable.
Find a good divorce lawyer. Besides their experience and qualifications, make sure you choose an attorney you get along with. You will be working together closely for months, so good working chemistry matters.
The more preparation you do in advance, the easier your divorce is likely to be.]]>