Silliker & Reinhold Law OfficeFindLaw IM Template2025-03-31T11:46:22Zhttps://www.sillikerandreinhold.com/feed/atom/WordPress/wp-content/uploads/sites/1101456/2019/08/cropped-Directory-32x32.jpgOn Behalf of Silliker & Reinhold Law Office<![CDATA[How the family home is valued in a divorce]]>https://www.sillikerandreinhold.com/?p=488082021-08-26T08:01:06Z2021-08-26T07:59:23ZDividing the family home in a divorce can be one of the most important aspects of a divorce. The family home is often the most valuable asset a couple owns together. Therefore it is important that the home receives an accurate valuation.
Determining value of home
There are several ways a couple can determine the value of their home. These include:
Formal appraisal by an experienced and qualified appraiser.
Broker price opinion from a real estate agent, appraiser or broker.
Comparative price analysis by a real estate broker.
Property tax assessment
Online price estimator such as Zillow or Redfin
Typically, an appraisal done by an experienced and qualified appraiser is the best way to determine the value of the family home. Whether a couple decides to sell the home, keep the home, etc. a home appraisal is important in determining each spouse’s equity in the home. A legal professional who is skilled in divorce can help their client understand their options with property division and divorce. They understand that their client’s future depends on what is decided during the divorce process. Making sure their client’s needs are protected both now and into the future is their main job and why they are such a valuable member of the divorce team.]]>On Behalf of Silliker & Reinhold Law Office<![CDATA[Understanding visitation rights in Pennsylvania]]>https://www.sillikerandreinhold.com/?p=488062021-08-09T10:48:22Z2021-08-09T10:48:22Zrequirements for visitation first.
Requesting parental visitation
In Pennsylvania, a biological parent of a minor child may request visitation with their child as part of a divorce, custody case or in other circumstances. In any situation, the court will make visitation decisions that are in the best interest of the child and the court has flexibility to determine which arrangements meet that requirement.
The court will consider the well-being of the child, the child’s relationship with his or her relatives and siblings, the child’s wishes and the preferences of the child’s parents. It will also consider the child’s safety, especially in situations where there has been prior child abuse or domestic violence.
Other parties
If grandparents request visitation, the court may grant it if the child’s parents are divorced or separated, the child has lived with the grandparent for more than 12 months or if at least one of the child’s parents is deceased.
In Pennsylvania, it may be difficult for step-parents to request visitation for their step-child, especially in situations where the child’s biological parent disagrees with the request. However, the court may consider this type of visitation when it is in the child’s best interest.
Visitation and child custody matters can be complicated, but an experienced attorney can help parents, grandparents or other parties with their questions and provide advice.
]]>On Behalf of Silliker & Reinhold Law Office<![CDATA[Nesting: an alternative to traditional child custody arrangements]]>https://www.sillikerandreinhold.com/?p=488042021-07-26T06:34:32Z2021-07-26T06:34:32Znesting.”
What is nesting?
Nesting is an alternative type of child custody arrangement. Traditionally, when parents divorce, they each set up their own household and the child is shuttled between them when it is their parenting time. In nesting, however, the child stays in the family home 100% of the time, and it is the parents who take turns living in the family home during their parenting time and staying in a separate home when it is not their parenting time.
Is nesting right for you?
There are pros and cons to nesting. On the plus side, nesting provides the child with the stability they need to thrive post-divorce. In addition, it may be less expensive for both parents to keep the family home and share a small studio or one-bedroom apartment. However, nesting requires a good deal of cooperation. Parents will need to agree on house rules for the child. In addition, parents will have to agree on who will do what chores and who will pay which bills. If a couple’s divorce is less than amicable, nesting may not be the choice for them.
Learn more about child custody in Pennsylvania
Nesting may be of interest to some divorcing parents while other parents may be more comfortable with traditional child custody arrangements. This post is for educational purposes only and does not contain legal advice. Our firm’s webpage on child custody may be of interest to those who want to learn more about this topic.
]]>On Behalf of Silliker & Reinhold Law Office<![CDATA[Gates divorce and the future of their charitable foundation]]>https://www.sillikerandreinhold.com/?p=485622021-07-09T10:42:22Z2021-07-15T10:41:04Zhigh-asset divorce, it is likely to involve more complexities and even disputes.
High-profile wealthy divorce
When celebrities and high-profile individuals divorce, the general public can learn a lot from the process even if they are not in the public eyes. A wealthy divorce can be very complex, with a lot of serious and challenging decisions to make. Take the Gates divorce, for example. This dissolution has been spectated by individuals across the nation and globe, and recently it was announced that both Bill and Melinda Gates will co-chair their charitable foundation, giving them a two-year trial period.
This was decided to ensure a smooth transition during their complex high-asset divorce. Although the couple decided to end their union after 27 years of marriage, the two will work together in the foundation. Nonetheless, it was announced that if they are unable to work together during their two-year trial period, Melinda would be ousted from the foundation.
Divorce agreement
When a divorce is complex, the agreement can be just as complex. In the matter of the Gates dissolution, the couple has reached various agreements to determine what would occur if a certain event happened in the future. For example, if Melinda decides to resign, she will receive personal resources from her ex-husband for her philanthropic work, which is separate from the foundation’s endowment.
The divorce process requires one to make serious and difficult decisions. When involved in a wealthy divorce, one will need to navigate major decisions regarding property, finances and even businesses. Thus, it is important to have knowledge of one’s legal rights and options, as this will help ensure his or her rights are protected, and one obtains a favorable divorce resolution.
]]>On Behalf of Silliker & Reinhold Law Office<![CDATA[Grounds for divorce in Pennsylvania]]>https://www.sillikerandreinhold.com/?p=485602021-07-06T06:41:21Z2021-07-02T06:40:32Zgrounds for divorce in Pennsylvania.
Four different options for ending a marriage in divorce
Pennsylvania law recognizes four separate grounds on which to base a divorce filing. Those grounds include the following:
Mutual consent: Available when the parties agree that they both want to divorce and end their marriage.
Irretrievably broken: Available when a marriage cannot be saved and the parties have been living apart for at least a year.
Fault: Available when one or both of the parties to a marriage commits a recognize action of fault, including, cheating, desertion, and incarceration.
Institutionalization: Available when a spouse has been institutionalized. This grounds for divorce must meet duration requirements to be available.
Before filing for divorce, it is important that a party understands what they will have to prove and negotiate in order to secure a divorce order.
Protecting one’s rights with committed counselors
Every type of divorce, even those based on mutual consent, can and do involve conflict. There are many things that individuals can do to avoid and overcome conflict in their divorces, but having dedicated and supportive legal counsel in the form of a zealous divorce attorney can make a difference for a divorcing party. Individuals can benefit from seeking representation from lawyers in their communities who understand state laws and local procedures for working in the courts of Pennsylvania.
]]>On Behalf of Silliker & Reinhold Law Office<![CDATA[Establishing child support in Pennsylvania]]>https://www.sillikerandreinhold.com/?p=485582021-06-24T05:56:51Z2021-06-24T05:56:51Zchild support so there are reoccurring payments each week or month. This can help one establish consistency and a budget, especially is one parent has the child the vast majority of the time.
Establishing child support
There are different ways to establish child support in the state of Pennsylvania. To begin, parents could make an agreement for this financial obligation and ask the judge to approve it during a divorce or paternity action. Nonetheless, most of these matters are initiated when a parent completes an application for child support and submits it to their local office.
In some cases, there may be a need to locate the noncustodial parent and proving paternity before any support obligations can be established. Once the other parent is located or proven to be the father, child support can be calculated. In the state of Pennsylvania, the formula used to calculate child support is rather complicated, but it is based on certain significant factors. This includes the income of each parent, daycare expenses, the cost of medical insurance, any social security benefits the child may be receiving and the current living arrangement of the child.
Modification and enforcement
Once child support is established, the court will automatically review the order every four years. Despite this, parents do not have to wait this time period before having their order reviewed and modified. When there has been a substantial change in circumstances, such as a raise, job change or loss of employment, this could warrant a review and modification of the order.
Additionally, if a parent fails to meet this financial obligation, it is possible to take action to enforce the order. This could in turn result in changes to the amount, penalties, interest collected on the arrears and even jail time.
Navigating child support matters can be emotional and complex, especially if a parent has not dealt with them before. Therefore, it is helpful for parents to take the time to understand this process, what options they have and what actions would be best for their matter and the overall best interests of their children.
]]>On Behalf of Silliker & Reinhold Law Office<![CDATA[Addressing debt during property division]]>https://www.sillikerandreinhold.com/?p=485562021-06-11T09:58:48Z2021-06-11T09:58:48Zdebt is responsible for paying it. If the spouses took on debt together in a joint account, both spouses are responsible for paying the debt even if the divorce order assigns separate debt obligations to each spouse.
Creditors
Borrowers may not realize that the divorce order does not extend to their creditors, meaning that the creditor can still pursue unpaid balances or missed payments from each spouse.
It may be helpful for spouses to close joint accounts and ask the creditor to convert the account to an individual account. Sometimes, the creditor may ask the spouses to reapply for credit individually or require the spouses to refinance debts such as mortgages, vehicle loans or home equity loans, which may allow one spouse’s name to be removed from the obligation.
If spouses have a joint credit card, they may also be able to divide and transfer the debt to each spouse separately.
Dividing debt can be complicated and it is important that it is completed correctly. An experienced attorney can help spouses with their questions about debt division and related family law matters.]]>On Behalf of Silliker & Reinhold Law Office<![CDATA[How do I make a change to my divorce settlement agreement?]]>https://www.sillikerandreinhold.com/?p=485542021-06-01T09:51:29Z2021-06-01T09:51:29ZModifying child support
Child support modifications and child custody modifications can be made in certain situations. It is important to know what those situations and circumstances are so the parent can go about requesting one when needed. The other parent may wish to oppose the change which is why familiarity with the process is beneficial for everyone involved. For a parent feeling the strain of unpaid child support, or who is unable to pay child support, or a parent who is seeking custody or to see their child more, knowing how to make changes to child support and child custody can be of great importance.
Modifying child custody
Child custody modifications and child support modifications may be made based on a significant change in circumstances. What may qualify as a significant change in circumstances can include the loss of a job, a major relocation or a change in the marital status of the parent. It may also include a significant change in the needs of the child.
The family law process can help divorced parents address both their child custody and child support concerns by looking at the request and determining if there has been a significant change in circumstances. The parent making the request should know how to substantiate the change they are claiming. It is important to keep in mind that the change will not be official until approved by the family law court but it can be essential for parents to be familiar with the process and know how to get the ball rolling.
]]>On Behalf of Silliker & Reinhold Law Office<![CDATA[Factors that influence alimony awards in Pennsylvania]]>https://www.sillikerandreinhold.com/?p=485512021-05-18T04:41:03Z2021-05-18T04:40:55ZAlimony is not guaranteed in divorce. A party must request it in order for it to be awarded. Different factors can influence whether or not alimony is granted to a requesting party. This informational post introduces readers to some of the relevant factors for alimony determinations. No legal advice is offered in this post and family law attorneys can provide their clients with more information on this important topic.
Asking for alimony: Important factors
Alimony is generally intended to prevent a divorced party from being financially disadvantaged from ending their marriage. Often, spouses who give up their careers to stay home and raise their families find that they do not have incomes of their own to rely on when their marriages are over. Alimony paid from their exes can help them be financially stable during the uncertain times that follow divorce.
Factors that are considered when deciding if alimony should be awarded are:
The parties’ incomes;
The earning capacities of the parties;
The length of the parties’ marriage;
Misconduct or liabilities incurred by the parties;
The standard of living experienced during the parties’ marriage.
These factors are general. Others may be relevant to different divorce proceedings.
Alimony may not be forever
If a court chooses to award alimony to a requesting party, that party should understand the duration of their award. Some alimony awards are permanent and do not end until death terminates them. Others are temporary and intended to help recipient parties to get back on their feet after their divorces. The length of an alimony award can vary, and an individual should be clear about how long theirs will last.
Alimony is an important divorce topic. It should be discussed with one’s family law attorney before it is necessary. Different divorces will proceed on different facts, and no reader should rely on the alimony outcomes of others to guess what may happen in their own divorce case.]]>On Behalf of Silliker & Reinhold Law Office<![CDATA[Is it possible to move away with your child after divorce?]]>https://www.sillikerandreinhold.com/?p=485482021-05-03T07:18:54Z2021-05-03T07:18:49ZRelocation in Pennsylvania
Under Pennsylvania law, in general a custodial parent can only relocate with the child if the child’s other parent consents to the proposed move or the court approves the proposed move. There are notice requirements as well. The parent proposing relocation must give the child’s other parent notification by certified mail, return receipt requested at least 60 days before the proposed move or on the tenth day following the date the parent learns of the notification and could not have known of it sooner and delaying the move is not a reasonable possibility.
Relocation factors
It is possible for the non-relocating parent to challenge the move in court. When determining whether to allow the proposed relocation to move forward, the court will consider several factors. The nature and quality of each parent’s relationship with the child may be considered. The child’s age, development and needs will be taken into account as will the impact the relocation will have on the child’s physical, educational and emotional development.
Whether it suitable child custody arrangements can be made if the relocation is approved may be considered. The child’s preference may be considered, depending on how old the child is and the child’s maturity. Whether one or both parents have tried to thwart their ex’s relationship with the child will be considered. Another consideration is whether the move will enhance the relocating parent’s quality of life and the child’s quality of life. Finally, the reasons for proposing relocation and challenging the relocation may be considered, as may any instances of domestic abuse.
Learn more about child custody in Pennsylvania
Making the decision to move can have a major impact on you, your child and your child’s other parent. It is not a decision to be made lightly, and as always, the child’s best interests must be kept in mind. Our firm’s webpage on child custody may be a useful resource for those who want to learn more about this topic.]]>