Ruppert Law Firm LLCFindLaw IM Template2024-03-14T16:43:36Zhttps://www.ruppertlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1503218/2022/11/cropped-RLF_FAV-2-32x32.pngOn Behalf of Ruppert Law Firm LLChttps://www.ruppertlawfirm.com/?p=498422024-02-15T12:08:30Z2024-02-15T12:08:30Zone out of every four divorces involved couples in their 60s or older.
There are a combination of factors causing the trend
In essence, it may come down to the simplest of explanations: The world has changed, and the forces that used to keep couples together – even when they were deeply unhappy – have grown considerably less powerful.
Gray divorces are on the rise partially because:
Social norms have shifted: Divorce used to be seen as a failure, and something that was even shameful. Now, people are encouraged to cut ties and move on in pursuit of personal happiness. Divorce has become so common that it no longer has much effect on someone’s social standing.
People are living longer: While longer lifespans are undoubtedly positive, people are starting to reevaluate their priorities and relationships as they enter the later stages of their lives. When the prospect of spending another twenty years of active life with someone they no longer love comes into focus, many couples decide to split and look for other forms of fulfillment.
Women have economic independence: Many couples stayed together simply because their financial situation didn’t permit any other option, especially in eras where women were largely homemakers and dependent on their husbands. Now, most women have their own careers, and that means they can move on when a marriage no longer works.
Ultimately, people in their golden years are no longer “settled” the way they once were. Retirement may actually serve as a catalyst for them to evaluate their lives and decide it is time to pursue unfulfilled dreams that they once set aside.
If you find yourself increasingly questioning whether you want to remain married, it can help to talk your situation over and get more information about your legal options. That way, you can be prepared, regardless of what the future holds.]]>On Behalf of Ruppert Law Firm LLChttps://www.ruppertlawfirm.com/?p=498302024-02-08T16:18:50Z2024-02-04T16:14:13ZA judge may consider a child's preferences
Unlike some states, which have a certain age after which a child's preferences carry weight, Pennsylvania's current custody statute is more open to interpretation. A judge must agree that their preferences are well-reasoned and come from a place of maturity. The reasoning behind their preferences and overall maturity level can influence how much weight a judge gives their wishes.
If a young adult hopes to spend copious amounts of time with one parent because they don't impose a curfew or restrict their access to video games, a judge is unlikely to give much weight to that preference. However, if one parent has a hostile attitude toward a child or otherwise mistreats them, the child's decision to voice a preference inspired by that conduct could affect the outcome of custody proceedings.
Even then, the child's wishes are only one of many considerations that a judge should evaluate when deciding how to divide parental rights and responsibilities in a litigated custody scenario. Judges largely recognize that young adults are not necessarily mature decision-makers.
They also understand that relationships between parents and children ebb and flow over time. Requiring that children spend time with both parents even when they have a difficult time in their relationship is common practice. Parents should not let fear about the current status of their relationship keep them from seeking shared custody.
Learning more about the Pennsylvania approach to custody matters can help parents feel empowered while preparing for family court.]]>On Behalf of Ruppert Law Firm LLChttps://www.ruppertlawfirm.com/?p=498282024-01-10T19:33:42Z2024-01-10T19:35:19Z1. Unexplained discrepancies in financial statements
One clear sign that something may be amiss is if you notice unexplained discrepancies in financial statements. If your spouse's income appears inconsistent with their lifestyle or if there are sudden changes in spending habits, it could be an indication of hidden assets. Pay close attention to bank statements, tax returns and any financial documents that may reveal irregularities.
2. Complex financial transactions
Another red flag is the involvement in complex financial transactions. If your spouse engages in intricate dealings, such as offshore investments, shell companies or transferring assets to third parties, it may be an attempt to keep assets out of the divorce proceedings. Keep a watchful eye on any transactions that seem unnecessarily convoluted or lack a clear purpose.
3. Concealed property ownership
Hidden property ownership can be a subtle yet significant sign of asset concealment. If your spouse suddenly acquires property without your knowledge or uses the names of friends or family members to hold titles, it might be an effort to keep these assets off the radar during divorce proceedings. Property records and deeds should be thoroughly examined to ensure transparency.
After saying your vows, you likely planned on your marriage lasting. With a 2.4 per 1,000 population divorce rate in 2021, you are not alone in ending a marriage. Staying on top of finances during the process can help ensure a more secure post-divorce life.]]>On Behalf of Ruppert Law Firm LLChttps://www.ruppertlawfirm.com/?p=498272024-01-09T01:28:17Z2024-01-09T01:28:17ZTop reasons for divorce
According to the National Library of Medicine, 75% of divorcing couples list lack of commitment as the reason for the split. Infidelity, excessive conflict, getting married at a younger age and financial issues round out the top five reasons.
Clear awareness of your motives helps in making informed decisions about the future.
Communication
Communication plays a pivotal role in any relationship, especially marriages. Before taking the step towards divorce, engage in open and honest conversations with your spouse. Discuss concerns, feelings and potential solutions. Effective communication can sometimes bring clarity and even guide you toward a different path.
Financial assessment
Take time to understand your joint assets and debts. Assess how you can divide them and what financial adjustments will be necessary post-divorce.
Be realistic about how much you earn, whether you will pay or receive financial support to or from your former spouse and the monthly obligations you will have after divorce. Having a clear picture of your financial standing aids in planning for the future.
Children's well-being
If you have children, consider how the divorce may impact them emotionally and practically. Develop a co-parenting plan that focuses on their needs. Maintaining stability and open communication helps children navigate the challenges of divorce more successfully.
Legal awareness
Familiarize yourself with divorce laws in your jurisdiction. Knowing the basics ensures you make informed decisions throughout the process. This knowledge can empower you and help avoid potential pitfalls.
Emotional support
Divorce is emotionally taxing, and having a strong support network helps. Seek friends, family or counseling to help navigate the emotional challenges. Emotional support provides a valuable foundation during the divorce process.
Realistic expectations
Understand that the divorce process involves adjustments and compromises. Having realistic expectations helps in managing stress and allows for a smoother transition into post-divorce life.
Documentation
Organize important documents related to your marriage, such as financial records, property deeds and legal agreements. Having these in order streamlines the divorce process and ensures that you do not overlook crucial details.
Post-divorce planning
Create a post-divorce plan that encompasses housing, finances and personal well-being. Planning ahead ensures a smoother transition into the next chapter of your life.]]>On Behalf of Ruppert Law Firm LLChttps://www.ruppertlawfirm.com/?p=498202023-11-10T20:43:41Z2023-11-10T20:43:41ZEquitable distribution principle
The equitable distribution principle in Pennsylvania does not necessarily mean an equal 50/50 split of assets between spouses. Instead, it emphasizes fairness. The court considers various factors to determine a fair division, taking into account each spouse's contributions during the marriage.
Marital property vs. separate property
Marital property generally includes assets acquired during the marriage. This encompasses income, real estate, pensions and other assets obtained while married. Separate property usually consists of assets acquired before the marriage, inheritances or gifts received by one spouse individually.
Factors considered in division
Several factors influence the equitable distribution of assets. These include the duration of the marriage, each spouse's age and health, their respective incomes and employability, and the standard of living established during the marriage.
Process of asset division
During divorce proceedings, both parties disclose their assets and debts. This includes providing a comprehensive list of all properties, financial accounts and liabilities. Courts encourage spouses to reach an agreement on asset division. If they cannot agree, the court will intervene and make the final decision based on the principles of equitable distribution.
Debt division
Debts accumulated during the marriage are also subject to equitable distribution. Such debts might include mortgages, car loans, credit card debts or other financial obligations. The court considers the same factors as with asset division when distributing debts between spouses.
In 2021, Pennsylvania had a divorce rate of 2.4 per 1,000 population. For most couples, asset division ranks as a top concern. Understanding the legal landscape and the principles governing asset division is key to securing a fair settlement.]]>On Behalf of Ruppert Law Firm LLChttps://www.ruppertlawfirm.com/?p=498192023-10-10T16:09:15Z2023-10-10T16:09:15ZHealth insurance
The prospect of losing health insurance after divorce scares many people, and in Pennsylvania, about 5.5% of the population lacks health insurance.
In many cases, the responsibility for providing health insurance for an ex-spouse ceases once the divorce is final. This means that ex-spouses must secure their own health coverage. However, there are exceptions to this rule. If the divorce decree stipulates that one party must continue to provide health insurance for the other, it becomes a legal obligation.
Life insurance
When a couple gets divorced, they typically reassess their life insurance policies. If one party is the beneficiary of the other's policy, this can change as part of the divorce settlement.
In some instances, divorcing individuals may still choose to keep their ex-spouse as the beneficiary, especially if they have children. This approach can help ensure financial support for the children in case of the insured party's passing.
Property and liability insurance
Property and liability insurance, such as homeowners or renters insurance and auto insurance, are typically separate from health and life insurance. In most cases, after a divorce, the spouses will need to secure their own policies. They could split joint policies into individual policies or terminate them entirely.
Making informed decisions about insurance can help divorcing individuals navigate this transition and protect their financial and personal well-being in the post-divorce phase of their lives.]]>On Behalf of Ruppert Law Firm LLChttps://www.ruppertlawfirm.com/?p=498172023-10-06T16:24:06Z2023-10-06T16:24:06ZCommunicate openly
Keep communication among family members involved in the business open and honest. Ensure that everyone is on the same page regarding the future of the company. Clear and respectful discussions can help identify common goals and facilitate decision-making.
Define roles and responsibilities
Establish well-defined roles and responsibilities for each family member involved with the business. By clearly outlining who does what, you can minimize conflicts and maintain the smooth operation of the company.
Develop a succession plan
About 88% of family business owners want to transfer the business to another family member, but about 30% of family-owned businesses continue into the next generation. Creating a succession plan is important for the long-term sustainability of the business. Determine who will take over leadership roles if necessary, and document and communicate these plans to all involved parties.
Maintain financial transparency
Stay transparent in financial matters by keeping accurate records and sharing financial information with all family members involved in the business. This transparency can prevent disputes and build trust among family members.
Focus on the business
Amid the emotional turmoil of divorce, keep the focus on the business's success. Avoid getting distracted by personal issues and maintain a commitment to the company's growth and prosperity.
Consider mediation and conflict resolution
Mediation or alternative dispute resolution methods can resolve conflicts related to the business. These processes can provide a more amicable way to address disagreements and reach mutually beneficial solutions.
Protect the business’s assets
Take steps to safeguard the business's assets, such as intellectual property, real estate and investments. Clearly define ownership and control of these assets to prevent disputes.
Review any existing legal agreements, such as partnership agreements or operating agreements. Make any necessary updates to reflect the changing dynamics within the family and the business.]]>On Behalf of Ruppert Law Firm LLChttps://www.ruppertlawfirm.com/?p=498162023-10-06T11:58:19Z2023-10-06T11:58:19ZFinancial misconduct may constitute dissipation
Pennsylvania requires an equitable distribution of marital assets, which means that one spouse can't intentionally deprive the other of assets they should share. If one spouse uncovers evidence that the other has withdrawn resources from shared accounts, liquidated shared property or accrued a massive amount of debt, they need records of those transactions.
The financial documentation that a spouse has could help them show the courts exactly what their spouse has done. Intentionally taking marital assets could constitute dissipation and may influence what the courts do with the remaining marital property. Financial misconduct such as wasting resources or trying to eliminate them from the marital estate can affect how the Pennsylvania family courts divide property.
The courts can and very likely will hold one spouse financially accountable for misconduct that diminishes the value of the marital estate. Those who worry about financial misconduct can sometimes prevent inappropriate behavior by asking the courts to freeze their financial accounts when they initially file for divorce.
Most people benefit from maintaining thorough records to be in a better position to demand accountability if their spouse engages in some kind of misconduct. Seeking legal guidance and knowing how the courts handle inappropriate financial transactions may help people better respond to a spouse emptying their bank account or similar financial moves during divorce.]]>On Behalf of Ruppert Law Firm LLChttps://www.ruppertlawfirm.com/?p=498152023-09-05T11:26:46Z2023-09-05T11:26:46ZGrandparents can seek visitation or partial custody
Pennsylvania state statutes actually provide explicit protection for grandparents in a handful of circumstances. When the grandchildren have lived with their grandparent for at least a year, when their parents have divorced or have lived separately for at least 6 months or when the parents of the child have died, grandparents can go to court to ask for partial custody. Partial custody is the legal term for visitation rights.
The courts can order visitation rights for grandparents when there has been a significant disruption to the primary family unit. Of course, a judge will need to agree with a grandparent's claim that their time with the grandchildren will be in their best interests. Provided that the grandparent has an established and positive relationship with the grandchildren, a judge may agree that visitation would be beneficial.
Taking legal action might be the only option
A bitter former in-law might go years without communicating with grandparents or other extended family members. Rather than waiting and hoping that a parent will do what is right for the children, grandparents may want to take the initiative and ask the family courts for help. Understanding how Pennsylvania protects the rights of grandparents might make it easier for older adults to reconnect with their grandchildren after a disruption to the family unit.]]>On Behalf of Ruppert Law Firm LLChttps://www.ruppertlawfirm.com/?p=498142023-08-16T06:12:52Z2023-08-16T06:12:52ZLearn Pennsylvania state law
Misinformation plays a big role in men not making use of their parental rights. A surprising number of men wrongfully believe that women receive preferential treatment in the Pennsylvania family court system. However, those who are familiar with the state statutes will quickly learn that rules are neutral and do not give women or mothers preference over men or fathers. All parents theoretically have the same right and responsibilities, provided that they know and make use of those rights.
Focus on what is best for the children
The main consideration anytime a judge has to make a decision about custody matters in Pennsylvania is what would be best for the children. Fathers seeking as much time as possible with their children should frame their attempts in the context of what the children need rather than their own wishes and preferences.
Try to keep conflict to a minimum
When subject to a temporary order pending either negotiations or litigation, it will generally be in the best interests of a father to do whatever is necessary to cooperate with the other parent. Judges often prefer to see parents who work together as opposed to parents who fight constantly with each other and put the children in the middle. After all, the focus is on what is best for the children, and conflict tends to be the most damaging element in custody matters or divorces. Judges who see parents that are willing to cooperate with one another and communicate effectively with their co-parents are more likely to embrace evenly divided parenting time and to view the parents in a positive light because they put the children's needs ahead of their own wishes.
If a father who is seeking custody is unmarried, he may have to take a few extra steps to make use of his parental rights, including filling out paperwork with the mother or asking the courts for genetic testing to affirm his relationship with his child. Provided that men follow these tips, they will be in the best position possible to seek favorable custody outcomes. Getting the right support can also play a major role in the resolution of custody conflicts in Pennsylvania.]]>