The new parenting coordination law is effective March 1, 2019.

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By: Kristin A. Molavoque, Esquire

• Avoid preventing the other parent from having custodial time with the children. Courts expect parents to help foster the relationship each child has with the other parent, absent an emergency or other extraordinary circumstances.
• Courts award custody based on what they believe is in the children’s best interests. If, for example, you appear to be more concerned about a reduction in the child support amount you pay than you are about your own children, courts often discern a party’s true motivation for seeking custody or a change in custody.  Remember courts make custody decisions based on what is in your children’s best interests.

• When in court, never point fingers at, insult or interrupt the other party to defend yourself in response to allegations made against you. You likely will lose credibility, and a "he said, she said" battle can ensue. It is best to wait until it is your turn to speak and to have objective proof to support your positions, if possible.

• Avoid bringing your minor children to court. In general, courts frown upon parents putting children in the middle of a custody proceeding. However, under certain circumstances it is necessary to bring them to court, to speak to the fact-finder, in order to best protect their welfare.
  

• Do not bad mouth or disparage the other parent to the children. It usually comes out in court and it is always highly discouraged.

• Do not share details about the custody proceeding with your children or put them in the middle of any custody conflict between parents.

• Be extremely careful about what you post on the Internet, Facebook, and other social media. It could be used against you in a custody proceeding.

by: Kristin A. Molavoque, Esquire

In Pennsylvania, the term "equitable distribution" refers to the process of dividing marital assets and debts. A court will determine how to divide these assets and debts, when divorcing spouses disagree and cannot reach a resolution themselves. Three common misconceptions people have about equitable distribution are: 

1. “Equitable distribution means a ‘50-50 split’ of the marital assets and debts.”  No.  Equitable distribution means dividing the property fairly, based on certain factors provided by law. This approach may, but often does not, yield a “50-50 split.” 
2. “I worked during the marriage and my spouse did not. Thanks to my sole efforts, we have marital assets and therefore I should receive more of the marital assets than my spouse.”  No.  Equitable distribution strives for fairness by evening the playing field between the lesser and higher earning spouses to achieve a fairer result. The non-working spouse’s efforts in supporting the working spouse and being a homemaker are valued and rewarded in equitable distribution, many times with a split in his/her favor.
3. “My spouse had an affair so I should receive a higher percentage of the marital   assets.” No. This is not one of the factors a court will consider when deciding how to divide the marital property. It does, however, impact whether a spouse is entitled to spousal support while the parties are still married but separated.

By law, the court is required to examine several factors in order to equitably divide the parties’ marital property. These factors include, but are not limited to, the age and health of the parties, the standard of living established during the marriage, the length of the marriage, the education of the parties, and the incomes of the parties. To find out more about the factors a court will use when dividing your marital assets and debts, contact Kristin A. Molavoque, Esquire of Molavoque Law LLC.

By: Kristin A. Molavoque, Esquire

Collaborative Law is a voluntary process whereby the parties, with the assistance of their respective lawyers and other professionals, make divorce decisions together based on their understanding of their own views, each other’s, and the reality the entire family faces. This model offers a holistic approach to divorce that considers the family as a whole, including the children. Collaborative Law, as it relates to Family Law, focuses on reaching a client-centered agreement through an open and transparent negotiation process that is designed by the participants themselves, while preserving their resources and reducing the acrimony between them. 

Who is Involved and How Does it Work?

Collaborative Law often involves a team of professionals in addition to attorneys, such as financial experts, neutral child development specialists, neutral process facilitators, and even neutral coaches for each individual. The matter progresses towards resolution through interest-based negotiations at joint meetings between both spouses and their advisors. However, just because spouses agree on a collaborative process, it does not mean the process always will be conflict-free. Emotions can rise as resolutions to the issues are explored.  Nevertheless, there is value in the process as the parties learn to own their conflict and tension. Problem-solving and emphasis on process is paramount along with attempting to resolve the matter in a way that benefits everyone involved. The parties openly discuss the law and become informed about it, with the understanding that the law and who “wins” is not necessarily the only basis for decisions.    

What are the Basic Requirements?

The participants must commit to transparency. Transparency means an honest, voluntary, and good faith exchange of information. Participants must commit to working toward solutions that consider the interests of all family members.  Participants typically enter into participation agreements, agreeing to submit to the collaborative process. If negotiations fail and court intervention is needed after a cooling off period, the attorneys must withdraw and the participants must retain new counsel to proceed in court.

Divorce is not simply a court procedure or an event. It involves the thoughtful restructuring of the entire family. If you are contemplating divorce and the Collaborative Law model interests you, please feel free to contact Kristin A. Molavoque, Esquire at 484-402-4133 or kmolavoque@molavoquelaw.com.