May 20, 2012

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Ways to Minimize the Costs of Divorce

May 18, 2012 By Leave a Comment

When you follow the traditional path to divorce, you can spend a lot of time and money, and still end up with results that don’t serve the best interests of you and your family. There are ways that you can reduce the risk that a divorce will take too long, cost too much, and lead to high levels of stress and anxiety. This blog post looks at some of the strategies you can take to move forward with your life without unnecessary waste of time and resources.

If you are considering filing for divorce or are already a party to divorce and want to avoid expense and aggravation, the Law Offices of John E. Kusturiss, Jr, can help.  Contact our office online or call us at 610-565-0240.

Keep Divorce As Uncomplicated as Possible

Let’s face it…it’s likely that one of the reasons you are getting a divorce is that you couldn’t come to agreement on a lot of issues. If that pattern continues in your divorce proceeding, you may be in for a long and costly experience. There is little to be gained by fighting over every possible issue. You should identify what you want, prioritize your needs, and then be willing to make compromises where doing so does not put you or your children at risk.

Focus on the Future

You can’t change the past…you can only learn from it. Once you have become a party to a divorce, your focus should be on how you will move forward, what your life will look like from now on. Focusing on the past tends to keep you stuck in anger and bitterness, which can be a costly and time-consuming place to be.

Consider Alternative Means of Dispute Resolution

There are alternatives to the traditional divorce process. You don’t have to go through depositions and discovery, production and review of documents, and trial. These steps will be time-consuming and expensive, which will only elevate your aggravation. Consider taking one of the following approaches:

  • Negotiated settlements—Your lawyer can help you work out agreements regarding child custody and visitation, child support, alimony or spousal support, and the division of marital debts and assets.
  • Divorce mediation—In this process, you work with a third party neutral, who helps you identify mutually beneficial solutions to your differences. You get to actively participate in solving your disputes, and the process is customarily less expensive and time-consuming than a trial.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr, we bring extensive experience to every divorce case we handle. To schedule a consultation with an experienced Pennsylvania divorce attorney, contact us online  or call us at 610-565-0240. Evening or weekend appointments are available upon request. We take Visa, MasterCard and Discover, as well as debit cards.

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Is Mediation Right for you?

May 4, 2012 By Leave a Comment

Mediation, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects.  Unlike standard litigation or arbitration, mediation allows parties to take control and make their own decisions while assisting in the crafting an agreement.  Mediators help take parties whose communication  level has turned nasty and negative and helps redirect the tone of those communications so the parties can then make decisions that are constructive and positive for themselves and their families.

The school of thought behind “mediation” is that parties themselves are best able to define the issues and generate options leading to a solution that responds to their own needs.  As any family law practitioner can attest, family law disputes are not one size fits all.  Each case presents its own particular set of facts and circumstances that need to be resolved, and adversarial family law proceedings only seem to work to continue the negative communication between parties, who often engage in mudslinging when custody or divorce matters proceed to a hearing.   In the alternative, mediation, gives each party an opportunity to be heard and can often significantly reduce the cost to the client and reduce the time spent by attorneys on litigation because the parties are able to get to the heart of the matter.

If you or someone you love is facing the prospect of a divorce or custody dispute, contact the Law Office Of John E. Kusturiss, Jr., P.L.L.C. today to discuss your options.  While Divorce and Custody matters can make your world seem out of control – Mediation with the right attorney can help bring it back into order.  Contact us today!

Filed Under: Child Custody, Divorce Tagged With: , , , , , ,

Waiving Your Rights with a Prenuptial or Postnuptial Agreement

April 30, 2012 By Leave a Comment

If you are considering getting married, and your fiancé has been married before or is bringing substantial assets into the  marriage, you may be asked to sign a prenuptial or postnuptial agreement, whereby you waive some or all of your rights to property in the event of divorce or separation. At the time, it may seem inconsequential—you don’t go into a marriage expecting it will end. But when you are facing divorce or separation, and the prenuptial/postnuptial agreement is thrown in your face, you may want to look at ways that you can void or invalidate the waiver of your rights.

As a general rule, prenuptial and postnuptial agreements are valid contracts in Pennsylvania. As a contract, though, such an agreement must meet certain legal requirements. Among these are:

  • As a contract, a prenuptial or postnuptial agreement must not be entered into as a result of fraud or misrepresentation—If there was not full financial disclosure before you signed the prenuptial agreement, or if you can show that your spouse made intentionally false statements of material fact, you can ask a court to void the contract.
  • A prenuptial or postnuptial agreement that is entered into under duress or because of a mistake of fact may also be voided
  • A prenuptial agreement that waives a custodial parent’s rights to child support or waives the non-custodial parent’s right to visitation of minor children is void as against public policy
  • A prenuptial agreement signed by anyone lacking the capacity to enter into a contract may also be void. You can lack capacity because of your age, because of a mental disability, or because of temporary loss of mental acuity, including intoxication. Typically, a person under the age of 18 can void a contract, as can someone who was diagnosed as mentally incompetent at the time the agreement was signed.
  • As a general rule, you can waive your rights to receive any share of your spouse’s estate upon death. However, the language of such a waiver must be clear and unambiguous. Otherwise, the presumption that you are entitled to a share of your spouse’s estate will prevail.

Contact the Law Offices of John E. Kusturiss, Jr.

At our office, we have protected the rights of injured people for more than 30 years. Every client receives a free initial consultation. To schedule an appointment with an experienced Pennsylvania family law attorney, contact us by e-mail or call us at610-565-0240. Evening or weekend meetings are available upon request. Visa, MasterCard and Discover are accepted, as well as debit cards.

Filed Under: Divorce Tagged With: , , , , , ,

Technology Affects the Divorce Rate

March 30, 2012 By Leave a Comment

Ever since the snake first tempted Eve in the Garden of Eden, people have faced temptation. We have all been caught in a weak moment, and some people succumb to that weakness when temptation presents itself. For example, many people will go on a diet, and if they are out and presented with a delectable dessert or other epicurean delight, they will succumb and eat something they should not. Temptation is sometimes hard to resist, especially if we are inclined to want the forbidden fruit, in this case, fattening food.

With divorce it is more complicated. Temptation may exist prior to engaging in the Internet or social media sites, or they may come once those sites have been accessed. The Internet, especially social media, gives people access to others more than ever before. Moreover, in some Internet sites, such as chat rooms, Facebook or other social media sites, people can remain anonymous to explore their fantasies, or voyeuristic tendencies, as well as place themselves in a situation where the grass looks greener on the other side of the field. In addition, it also serves as a way to meet more people, if one was inclined to look for something better, whether it is a person with more in common or a better situation.

In the past, when people hit a rough patch, they were more inclined to work things out, in part because that was easier than the alternative. Today, with the ease of meeting people through dating services, social media and a culture that more readily accepts divorce, it is not surprising that divorce rates have risen dramatically from the days of our parents or grandparents.

For some people, it is trying to obtain a fantasy, which will never manifest itself because reality rarely, if ever, can live up to fantasy. For others, it can be a means of escape. When the going gets tough, there are some people who would run than fight. Finally, many people get married way too young, and later find their interests go in opposite directions, and realize one day they have little in common with the person they are married to. Of course, there are many other reasons people divorce, but the Internet and social media websites certainly make it easier to look for a replacement, and that most certainly contributes to an increase in the divorce rate.

Contact Our Office

If you are considering a divorce or have been served with divorce papers, please contact the Law Office of John E. Kusturiss, Jr. today for a consultation. Attorneys Kusturiss and Poole have the experience and know how to help guide you through what can be a confusing process and ensure you have the representation you need to protect your rights and interests.

Filed Under: Divorce Tagged With: , , , ,

Divorce

March 16, 2012 By Leave a Comment

Often times when a potential divorce client makes an appointment to see me they are feeling hurt, angry and betrayed.  They want to make their husband/wife suffer and they want to walk away from the marriage with the lions share of the wealth.

Now while their feelings may be justified, and often times they are, anger and resentment should not be the driving force behind a divorce action.   Anger blinds you from the end goal, which in a divorce  is to bring about an equitable end to your marital relationship.  While divorce may be a sad event, a surprise,  or in many cases a long time coming there is no reason why it can’t be handled with dignity and respect if you hire the right attorney.

Many prospective clients think that they want a “pit bull” of an attorney, someone that is going to fight right out of the gate.  Unfortunately, they quickly regret this decision when they learn that fighting with their ex over every little issue only ends up costing them more money and aggravation in the end.  What the client really needed was an experienced attorney that could listen to their concerns and provide them with guidance to get through the painful process of divorce as quickly as possible.

If you or someone you love find yourself in need of a divorce attorney, don’t go with a “pit bull” contact the Law Office of John E. Kusturiss, Jr., P.L.L.C. ,to meet with an experienced attorney, that will listen to your needs and  negotiate the best resolution for you.

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Child Support

February 14, 2012 By Leave a Comment

What is fair, what is legal, and how does a parent appeal a child support order?

In Pennsylvania, child support—money paid by a parent to help with the cost of food, clothing, medical expenses, child care and other things a child needs—is ordered by the court and supervised by the Department of Public Welfare Bureau of Child Support Enforcement (BCSE). Collections and disbursements are made by the state. The following are common questions:

Who can apply for child support? Custodial parents, others who provide primary care for children, and fathers seeking to establish paternity can apply for child support if they live in Pennsylvania. Applications can also be handled by attorneys representing any of those parties.

How does the court determine child support? The court begins with a formula that considers the combined income of the parents and the number of children to arrive at a total to be spent on the children. That obligation is then divided proportionate to each parent’s income, and the assumption is made that the child(ren) spend 30% of their time with the non-custodial parent. Next, the court looks at what is fair, possibly altering the number arrived at by formula in consideration of the following factors:

• Unusual needs and obligations
• Other support obligations of the parents
• Other income in the household
• Ages of the children
• Assets and liabilities of the parties
• Medical expenses not covered by insurance
• Standard of living of the parties and their children
• If alimony/spousal support is a factor, the length of the marriage
• The best interests of the child(ren)

What if I disagree with the child support order?

You or your lawyer must file an appeal with the Court of Common Pleas in the county that issued the order. You must do this within 20 days after the date the order is received or the date of the order (whichever occurs first).

You may also file a petition to have an existing order modified, terminated, or reinstated. The court will only alter an existing agreement in the case of a material change in circumstances. Examples include a change in income of either party, a change in circumstance, emancipation of the child, death of a child or spouse, a private agreement between parties, or special needs of the child.

What happens if child support payments are not made?

If a parent falls behind in child support, the court will order payments be withheld from the parent’s wages. It will also order interception of lump-sum personal injury or workers’ compensation awards and lottery winnings, and seize bank accounts and Federal and state tax refunds.

Penalties for non-payment include up to six months in jail, a $500 fine, and six months probation, loss of driver’s, professional, hunting, and fishing licenses and denial of a passport. Liens can be filed against real estate, and the delinquent parent’s name can be published in the newspaper.

Protect your financial standing by taking early action

If you are involved in a divorce action or are an unmarried parent, it is important to work to establish a fair child support order, protecting your financial position and the welfare of your child. Whether you are involved in the initial application for support, or an appeal, a family law attorney is the best one to advise you on your rights and on how the court will interpret your specific situation.

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How to Get More Time With Your Kids Over the Holidays

January 4, 2012 By

Parents want to spend time with their kids, especially during the holidays. However, some custody arrangements make it difficult for a parent to spend as much time with their kids as they want during this important season. Divorced parents may face certain barriers to obtaining more visitation because of:

  • An uncooperative or inflexible ex spouse
  • Vague or non-specific custody orders
  • Ill-conceived parenting plans

Unfortunately obtaining a modification to an existing custody order is time-consuming and requires both an emotional and financial commitment, and does not produce instant results. So it is wise to begin the process with an experienced Pennsylvania child custody attorney several months in advance of the holidays to bring about a permanent change to visitation.

However, the following tips may help you work out a way to spend more holiday time with your kids:

  • Be willing to compromise. Although you may want Christmas morning with the kids, you could offer to take them on Christmas Eve so your ex can attend a party or holiday event.
  • Show respect. Find a way to be respectful of your ex spouse and you may persuade him or her that letting you spend more time with the kids is actually a good idea.
  • Set aside differences. Refrain from bringing up other issues or gripes and focus on what will be best for everyone during the holidays.
  • Talk to your kids. Find out what your kids want and make an effort to accommodate their wishes so that they have positive holiday experiences.
  • Take a breath. The holidays are stressful regardless of marital status and custody arrangements—realize this and work with the options available to you to work out some extra time with your kids over the holidays.

Plan ahead with an experienced Pennsylvania custody modification attorney

Regardless of how things turn out this holiday season, you have many years of holidays ahead of you. To discuss modifying your current child custody arrangement, contact the Law Offices of John E. Kusturiss, Jr. online or call 610-565-0240 and schedule an initial consultation today.

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