Posts By Pittsburgh Family Law Services, P.C.

When you are ready to turn the page, protect your rights and your future with experienced family law advocacy, we can give you the help you need to face family law challenges in Western Pennsylvania. Call our Pittsburgh, Pennsylvania office for a free telephone consultation at 412-371-4500.

Why is my divorce taking so long?

January 20, 2022 · by Pittsburgh Family Law Services, P.C.

For many spouses, the process between filing the divorce complaint and receiving the decree is an exercise in patience. You’ve moved out, opened separate bank accounts, and likely spent many hours looking for and giving your divorce lawyer all of your financial information but you’re still not divorced. A lot of spouses get very frustrated after having done so much work to only feel like they’re still in the same place.

There are a few reasons why a divorce cannot be granted instantly. The first reason is because Pennsylvania does not allow that to occur, even in the most amicable situations. Even if the only thing you and your spouse seek is the piece of paper saying you’re no longer married, you have to wait at least 90 days before you will receive that decree in the mail. This waiting period cannot be shortened, waived, or removed for any reason.

Most spouses who hire a lawyer for their divorce though need more assistance than merely receiving a divorce decree. The most common situation is that the couple has marital property which must be divided. This requires gathering and exchanging documents. At the beginning of a divorce case, I always instruct my clients to begin obtaining financial records that we will need to divide the marital property. The vast majority of this information is not something your lawyer has immediate access to, and you do not want to pay your lawyer to obtain it if it’s already in your possession. Depending on what your financial picture consists of, it can take awhile before you have everything ready. For this reason, when you formally request to exchange documents with your spouse using the court process, the other person is given 30 days to respond.

After a couple exchanges financial information, everything you provided has to be reviewed by your lawyer and only then can you discuss what an equitable division of the marital estate may be. Although you will see settlement proposals sent before this investigation happens, this is often not a good practice because you may feel differently about a given proposal after seeing what assets the other spouse has. Taking the time to thoroughly review what you worked hard to gather ultimately ensures that nobody can come back years later and say they had no idea what property they even had.

Finally, the factor that often gets overlooked in the length of a divorce proceeding is that so much of the process is outside your individual control. A spouse cannot control the court’s calendar, mandatory waiting periods set by statute, the amount of time a spouse is legally entitled to to respond to requests. You also cannot control whether the court is understaffed and hasn’t processed your documents, or whether your spouse will work quickly to finish the divorce. With few exceptions, your lawyer has no more control over these factors than you do. You can, however, ensure that you are doing what you can to handle everything quickly by being organized and looking for requested documents as soon as you’re asked.

The divorce process is never quick or immediate. But if you are ever concerned about the amount of time it is taking, you can always ask your lawyer about whether the amount of time is normal or typical. He or she will have the experience to know whether your case is taking a particularly long period of time. In our office, we proactively tell our clients if the court has a large backlog which is creating longer delays. The important thing to remember is that if you ultimately want to dissolve the marriage, you will be divorced at some point. It is only a matter of “when.”

What to try before filing a guardianship petition

January 14, 2022 · by Pittsburgh Family Law Services, P.C.

I posted briefly about how a guardianship can be helpful if your loved one is unable to make decisions for herself. But before petitioning for guardianship, I always caution families to make sure it really is the best resort that serves your loved one’s needs. There is no set list of what medical conditions require a guardian to be appointed. The majority of people with disabilities are able to live independently and ask for assistance as needed on their own. Merely having a disability does not require an order taking away an adult’s autonomy and ability to make decisions. When you ask the court to be appointed as a guardian, you will specifically need to identify what other steps you have taken, and why those measures do not meet your family member’s needs. There are a few options that may be available to help your loved one:

Power of attorney– A power of attorney for financial or medical decisions are part of standard estate planning, and are some of the most important documents you can have. The documents designate someone to make decisions on your behalf if you are unable to do so. You can even specify that if a guardian needs to be appointed, that it be the same person you designate in your powers of attorney. These documents require the person signing them to be competent, and able to make their own decisions. Having a power of attorney in place can be a lifeline if someone suffers a sudden medical emergency which leaves her unable to communicate or understand what she is being told.

Community support services– Sometimes an adult may need help in specific areas of daily living, but is otherwise able to function independently. Depending on where you live, there may be various types of community support options available. Home care workers can visit regularly to make sure someone is taking prescribed medication at the proper dosages. For adults who struggle with handling money or bank accounts, there are money management supports which can help to monitor bank account activity.

Family support– In many cases, adults with special needs already have substantial supports from their immediate and extended family, and no court involvement is ever necessary. These individuals may be physically healthy and receiving Social Security Disability or other benefits through a representative payee and live with their family members. Their doctors and other providers may know who their family support members are and they are willing to communicate with those family members. In those circumstances, they may not need a guardianship if their needs are already being met.

Of course, not every incapacitated adult’s needs can be met outside of a formal guardianship, and that process is available to those who need it. But before filing a legal pleading, it is best to consider what your loved one’s needs really are, whether they are being met right now, and whether they are unable to be met in the absence of a court order. Taking the time to ask these questions will not only enable you better assist your family member, it will also help you articulate for the court what other measures you have considered and why they are not effective.

Protecting your disabled loved ones through a guardianship

January 13, 2022 · by Pittsburgh Family Law Services, P.C.

Every year, families face the need to help a disabled loved one receive appropriate care. Sometimes these needs are anticipated, such as a child who has always been disabled reaching the age of 18. Other times it is completely unexpected, such as when someone suffers a severe stroke or sudden illness and he never appointed someone to act on his behalf. This can be a very distressing time for families because important decisions need to be made quickly. Often when families try to talk with doctors, hospitals, or creditors, they are given limited information because their loved one is an adult; well-meaning family simply does not have an automatic right to act on behalf of an adult.

In Pennsylvania, adults are given the ability to make their own decisions about their health, well-being, and finances. This is true even if their family strongly disagrees. While it may not seem like a good idea for an adult to cash in a retirement early and decide to never work again, the reality is that they are legally permitted to do so. However, there are situations where an adult cannot and should not make these decisions independently. Some adults experience long-term physical or mental health conditions which make them unable to follow directions in taking medication, arrange for assistance in helping them to live independently, or understand how to respond to an emergency. These are only a few scenarios in which families may need to consider a guardianship appointment to help their loved one achieve physical and financial security and safety.

When a family member is appointed guardian, she is able to speak with doctors, take an active role in medical treatment decisions, pay bills on behalf of the disabled family member, and arrange for other types of personal care. Because this is a legal document signed by a judge, families can be assured that their requests will not be refused because a provider is unable to speak with someone other than the disabled adult.

While a guardianship order is a lifeline for families who want to provide the best care possible for their loved one, it is important to note that it should be a last resort. Such an order takes away an adult’s ability to make her own decisions, which can greatly change the way she lives her life. The family dynamic can also be drastically altered if family members disagree on whether someone lacks the capacity to care for herself. Before filing a petition in court, it is wise to speak with a Pennsylvania guardianship lawyer to determine the best course of action. When I meet with clients seeking a guardianship, we talk about what the family member’s medical conditions are and whether there are any options which may be more appropriate. Identifying your loved one’s needs will help you to make the best decision which protects them and allows them to maintain as much independence as possible.

Why you should have an estate plan in Pennsylvania (even if you think you don’t need one)

December 29, 2021 · by Pittsburgh Family Law Services, P.C.

I have long said that every adult in Pennsylvania needs an estate plan. When lawyers talk about “estate planning,” most people think of just writing a simple Will and nothing else. Because of that, many people understandably, but incorrectly believe that having one is unnecessary. Reasons include “not having any assets,” “having too much debt” or “I’m young and healthy and don’t need to think about this right now.”

Creating an estate plan with an attorney involves more than just writing up a Will. In our practice, we discuss a Will, Durable (financial) Power of Attorney, Healthcare Power of Attorney (“Living Will”), and potentially other related documents depending on your situation. The purpose of an estate plan is to tell others what you want to see happen when you are unable to speak for yourself either due to disability or death. If you do not have a Will, there is already a default estate plan in place: Pennsylvania sets out specific distributions as to “who gets what” if you pass away. If you want to leave a donation to a charity, or you want to provide for a sibling or a beloved niece or nephew, you need to have a Will because those individuals may not be entitled to anything under Pennsylvania’s default law.

But perhaps even more than a Will, it is critical that you have a designated financial and healthcare agent via a Power of Attorney. In any given year, it is far more likely that you will become temporarily disabled than pass away and designating someone to act on your behalf ensures that your financial needs are met and that your wishes concerning healthcare decisions will be met. Selecting someone to handle your finances ensures that your bills will be paid, and your financial accounts will be managed by someone you trust to be responsible. Selecting a healthcare agent means that if you are unable to make medical decisions for yourself, that your desires about treatment and even end of life care will be respected.

In the absence of speaking with and appointing someone to act on your behalf, Pennsylvania sets aside specific guidelines about who will make those decisions for you. That default person may or may not respect your wishes or may not even know what your wishes are. It may be unlikely to happen, but every year family members unwittingly authorize, withhold, and withdraw medical treatment against someone’s wishes simply because those wishes were never discussed.

Without a financial power of attorney, your family members may be forced to resort to court intervention to enable them to access your accounts and pay bills if you are unable to do so. This is often a lengthy process and how long that process takes depends just as much on the court docket as it does on the skill of a lawyer. In that time, bills may remain unpaid, and you could experience severe financial consequences. Designating a responsible family member or friend to immediately handle these matters for you will preserve your assets and protect your credit.

Having a well-crafted estate plan gives you a voice during times when you cannot speak for yourself. It gives your family security and knowledge about what you want to happen so they do not have to guess the right decision during such a difficult time. An estate plan can always be changed as your needs and priorities change, and there is no need to wait until the “perfect” moment to create one.

Who Should Have a Prenuptial Agreement?

December 29, 2021 · by Pittsburgh Family Law Services, P.C.

As a family law practitioner, I am often asked about prenuptial agreements from family and friends. I use the word “asked” loosely, because the conversation frequently turns to an opinion based on misunderstandings of what these agreements do and who they benefit. Hollywood movies of the bride being asked to “sign away her rights” a mere 5 minutes before she’s about to walk down the aisle in her beautiful wedding dress have led to a belief that if someone asks for a prenuptial agreement, it means they anticipate a divorce. The other misconception is that a prenuptial agreement is only needed if you’re a celebrity or have large amounts of assets.

As beautiful as a wedding ceremony may be, a marriage is very much a contract; when you say “I do” you are not only agreeing to love each other until death do you part, you are agreeing to be bound by the Pennsylvania Divorce Code in the event the marriage ends. A marriage is a business partnership just as much as its “everlasting love.” Just as a well-structured business plan provides for what will happen in the event of a dissolution, a prenuptial agreement serves a similar purpose when entering a marriage. Having a written agreement concerning what the marital estate will consist of and how it will be divided can save literally thousands of dollars in legal fees if the marriage ends. This in turn, makes an amicable divorce much more likely, which ultimately benefits all parties. Prenuptial agreements are actually among the work I love the most, because it allows the couple a chance to mindfully discuss how their marriage will operate.

There are distinct categories of people who particularly benefit from a prenuptial agreement, which I will discuss in detail (and none of them are celebrities!).

You were already married and divorced once. If you were previously married and that marriage ended in divorce, you probably experienced a substantial loss of assets. You may have transferred a 401(k) to your spouse or given your spouse all of the equity in your former home, or your spouse may begin receiving a large part of your pension once you retire in several years. Even though you have already divided your assets once, any contributions to your existing 401(k) will once again be considered part of the marital estate. A prenuptial agreement excluding individually owned assets from the marital estate can preserve what you have an allow you to rebuild wealth.

For the spouse who received a large amount of funds or assets from a divorce, you may not want them to suddenly become marital. This is likely to happen if you received your former marital residence, your new spouse moves into it with you, and its value increases substantially during the marriage. You may not want to once again discuss how the value of that home will be divided.

You have children from a prior marriage or prior relationship. Even if you are not concerned about your own finances in the event of a divorce, it is worth considering whether you will have sufficient assets to protect your children in the future. Often in a divorce, both spouses lose money or security, and that means any children you have from a prior relationship have lost the same security. Defining assets that will strictly be “yours” rather than “ours” allows you to draft an estate plan in a way that will protect and provide for your children should you pass away.

You own a business. While you may assume your business isn’t worth much, think of the following scenario: you started a cleaning business back in 2019 and were doing well with only a handful of regular clients. Ordinarily, you may think an operation like this has minimal (if any) value because your revenue is based on goodwill and your relationships with your clients. Enter 2020 and 2021, where everybody wants high quality cleaning services, your clients keep giving out your name as someone who does excellent work, and now you’re purchasing more equipment and hiring staff and running an extremely lucrative business. In a divorce, the marital value of your business will be counted in the marital estate, even if you were the only one involved in its operation. This may ultimately mean that in a divorce, your spouse is awarded a substantially larger portion of your 401(k) to offset the value of your business. A prenuptial agreement allows you to exclude your business as a marital asset.

You have the potential for a substantial increase in wealth. Think of a situation where a newly minted doctor just graduates from medical school. Initially, that doctor will be under a mountain of student loan debt and working hours that seem impossible. After residency though, that doctor is now a world-class surgeon making half a million dollars a year. If the couple separates, the doctor spouse may be required to pay a substantial amount in support to the other using a formula calculated by Pennsylvania. There are numerous reasons why someone may not wish to do this, which include fear of having to suddenly change one’s own lifestyle to afford it, or because the other spouse is financially secure as well and does not have a “need” for such a large amount. Prenuptial agreements can lay out whether support will be paid, how much will be paid, and how that amount will be calculated. It can offer a more flexible arrangement than what is provided by Pennsylvania.

These are only a few of the scenarios where someone entering marriage may want to consider a prenuptial agreement. A well-drafted agreement can protect you and your assets in ways that may not be possible with standard equitable distribution.

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