Joanne E. Kleiner & Associates Blog

5 Mistakes People Make When Contemplating Divorce

admin — Mon, 20 Jun 2011 17:09:35 +0000

People contemplating divorce should think ahead. Divorce is not something that should be entered into blindly. You need to take the time to evaluate your situation, and if possible, take the time to put yourself in the best position for a divorce.

To assist you, we would like to provide you with the information you need to avoid five common mistakes that other people make when contemplating a divorce:

1. Make sure you do not rush into a divorce. That is not to say that divorce may not be right for you, but it does mean that you should take care to make informed decisions and protect yourself and your future from adverse financial consequences, to the extent possible.
2. Do not go on a spending spree. Rather, take any excess money you have to buy down your debts. The less you owe, the better shape you will be in when you divorce.
3. Consider mediation or the collaborative law process, especially if you have children. Collaborative law in a divorce will help ease the stress on you and your children, as well as give you much more control of the terms of your divorce.
4. Make sure property and credit cards in your name, and if possible, establish your credit. You do not want to find yourself with no credit after a divorce.
5. Gather as much information about your finances as possible, including account numbers, contact information and balance history for all insurance policies, bank accounts, investments and retirement plans. Do not go into a divorce blind, you need to know as much as possible about your family finances.

Divorce can be difficult. Oftentimes individuals want to rush through a divorce and move on with their lives. However, you will find that a little time and contemplation now, may end up providing you with a much brighter and financially secure future. If you are letting emotion cloud your judgment, consult with your family law attorney and divorce lawyer. They should be able to ground you and ensure you have the information and fortitude to make sound decisions.

At Joanne E. Kleiner & Associates, Ms. Kleiner is a family law attorney and divorce lawyer who brings more than 25 years experience in family law and divorce to the table, including collaborative law experience. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.

Tips for Finding a Divorce Lawyer

admin — Tue, 17 May 2011 20:40:47 +0000

The end of a marriage is usually an emotional milestone in a person’s life, and one where reliable, persistent and approachable legal representation is key to an equitable outcome. But with so many qualified divorce lawyers vying for your business, how do you choose one who you can believe in? Undoubtedly, you want an attorney you can trust to provide the highest quality representation that fits both your budget and your personality.

Meeting your needs

There is more to hiring an attorney than merely finding someone highly experienced in representing clients in the area of law in which you need representation. Ideally, the lawyer will provide diligent legal services and be approachable about your concerns, all for an affordable fee.

If you believe your case will be contentious, or will at least require time in court, spend time at your courthouse watching attorneys in action. How do they speak to their clients?

Other suggestions

The decision about who you hire to represent you in your divorce is one that will likely impact the rest of your life. You need someone capable of obtaining the best possible settlement available to you under your state’s divorce laws. While the following is not an exhaustive list of matters to consider when hiring a divorce lawyer, it provides a solid foundation for beginning your search:

If you need to meet evenings or weekends, will the lawyer accommodate your schedule?
It is required in Pennsylvania for the attorney to offer a written fee agreement? That’s important because you want to know exactly what your attorney has committed to do for you, and at what cost.

You will have to live with the end results of your divorce for the rest of your life, so be selective about the attorney you hire to represent you.

New Pennsylvania Law Governs Relocating with Children Postdivorce

admin — Fri, 08 Apr 2011 16:00:47 +0000

If you’re a resident of Pennsylvania and you’re planning to move with your children postdivorce, whether in or outside the state, you’ll want to know that Act 112 of 2010 went into effect in late January 2011. While the new statute governs several aspects of child custody, it also establishes a framework for the Pennsylvania court system to follow when ruling on a party’s request to relocate with a child following a divorce.

Under the Act, a party who wishes to move is required to give notice to anyone else with custodial rights to that child. The type of relocation triggering the adherence to the new law is one that would significantly inhibit the capability of the non-relocating party to exercise their custodial rights. The move needn’t be one outside the state of Pennsylvania; a relocation within the same county can even trigger the new law.

The parent seeking the relocation must notify the non-relocating party at least 60 days before the proposed move. Once notice is given, the non-relocating party has 30 days to oppose it and file a counter-affidavit explaining their opposition.

In addition to other information required by the new law, the relocation notice must state:

The reason for the relocation;
The child’s new residential address;
The name of the child’s new school; and
An amended custody schedule proposal.

If you are a divorced parent considering relocating with your children, be assured that Joanne E. Kleiner & Associates is prepared to advise you about your rights under Pennsylvania law.

Property Valuation Issues in a Pennsylvania Divorce

admin — Mon, 14 Mar 2011 16:12:29 +0000

Property valuation issues frequently arise in a divorce. Although some property is easily valued, such as stocks and bonds, other property is much more difficult to value. This is especially true of unique property, where there is no intent to sell at the time of the divorce, where there is niche market, or where property valuations are volatile.

People typically have different opinions on the value of certain property, and in many cases, it is difficult to put a monetary value on the property. For example, how do you value a professional business that relies solely on the efforts of one spouse? The same is true of a closed corporation or partnership.

Some examples of property that may be difficult to value include:

Stock options
Real estate
Art and other collectibles
Insurance policies
Business interests
Pension and retirement plans
Pets

Moreover, the same holds true with debts. In today’s real estate market, some homes may be worth less than the amount owed, which is referred to as “negative equity.” If the family home is to be given to one party or the other, the negative equity should be factored into the division of property.

Retaining an attorney who understands property valuation issues, and has the network of experts and professionals to assist you with understanding the value of property where there is a valuation dispute, can help in ensuring your interests are protected to the greatest extent possible.

Moreover, even with property valuation disputes, a collaborative divorce may be in your best interest. An experienced family law attorney can help you understand your options and advise you on the best manner to proceed based on your particular set of circumstances.

At Joanne E. Kleiner & Associates, Ms. Kleiner is a family law attorney and divorce lawyer who brings more than 25 years experience in family law and divorce to the table, including experience with possession issues involving a family pet. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.

Joanne E. Kleiner & Associates has extensive experience with all areas of Pennsylvania family and divorce law, including collaborative law and traditional divorce litigation, and we handle cases throughout Montgomery, Bucks and Philadelphia counties, as well as the rest of southeastern Pennsylvania.

Collaborative Law & Family Pets

admin — Thu, 04 Nov 2010 16:57:24 +0000

Anyone who owns a dog, cat or other pet understands that these creatures are family, not property. They are like children — dependent on you for food, shelter, love and protection. Unfortunately, in the eyes of the law, they are property and, as such, treated no differently than a chair, table or piece of real estate.

A family law judge will typically not issue an order of support for the animal, nor will he or she typically award custody or visitation rights. However, under the collaborative law process, you can work with each other to tailor an agreement that will provide for a care, custody and visitation schedule for your pet.

The collaborative law process, unlike divorce litigation, is based on fostering collaboration to work out differences and find solutions everyone can live with, rather than an adverse proceeding that is based on confrontation and fosters animosity toward each other.

Just as collaborative law is recommended in many divorces involving children, the same principle applies to your pet. Utilizing the collaborative law process in a divorce where there are issues or disputes involving a family pet, you can customize a solution that will be acceptable to both parties and deal with issues involving:

Decisions about your pet (whether to seek medical treatment, euthanasia, kenneling and choice of veterinarian)
Food
Pet time (custody and visitation), as well as logistics regarding transportation for pickup and drop-off
Support (who will be responsible for food, medical bills, kenneling, etc.)

Pets are family. Make sure they are treated that way in a divorce. Talk to an experienced family law and divorce lawyer about utilizing the collaborative law process to make sure you (rather than a judge) make the decisions regarding your pet.

At Joanne E. Kleiner & Associates, Ms. Kleiner brings more than 25 years of experience in family law and divorce to the table. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.

Children Are Often the Victims in a Divorce

admin — Wed, 15 Sep 2010 16:40:02 +0000

Children, especially young children, often believe a divorce is their fault. Parents involved in a divorce can find themselves focusing only on themselves, and forget that their children may be confused, hurt and scared.

Take the time to talk to your children, reassure them that everything is fine and that regardless of any differences between you and your spouse, both of you still love them. Some additional steps you can take to ease the prospect of a divorce on children:

Take the time to explain to your children that any problems you and your spouse may be having are not their fault. Sometimes, a good approach is to explain to your children that people may sometimes have differences of opinion, and in some cases those differences just cannot be worked out.
Do not argue or fight in front of the children. Remember, children are not deaf, they can hear, even behind closed doors, if the volume of the conversation is high enough.
Do not bad-mouth your spouse in front of your children. Remember, he or she is still their parent too, and your children love both of you.
Do not make your children take sides; they may resent you for that. They will also feel that they are being disloyal to you by continuing to love their other parent, and it is confusing to them.
Never use your children as messengers or “go-betweens”.
Constantly reinforce that everything will be all right, especially if the children are young.
Make sure you don’t ignore your children. They need to know that their routines are not being affected (to the extent that is possible). In addition, any extra attention both of you can give to your children will help alleviate any fears they may have.

For divorces involving children, we suggest considering utilizing the collaborative law process for your divorce.

Collaborative law may provide you with an acceptable alternative to stressful litigation. The collaborative law process is premised on the parties working together to resolve conflict. The collaborative process encourages the parties to work together, with their attorneys, toward a mutual agreement that everyone can live with.

The collaborative law process is typically less stressful on children, gives you more control over the terms of the divorce, and is less emotionally taxing on you.

No one won. Everyone lost.

admin — Fri, 10 Sep 2010 19:47:58 +0000

Years ago, when I would return from a Family Court hearing, my husband would routinely ask me who won. Now he knows better than to ask me that. It’s not because I’d come home in defeat – in the majority of my cases, I get a favorable outcome for my client – but because he knows that my answer is going to be, “No one won. Everyone lost.” That’s how I feel about litigation in family cases. If the case is in court, everyone ultimately loses.

Imagine for a minute that the first time you see your soon-to-be former spouse is across a table at a support conference; or, worse yet, across a courtroom crowded with cases of wronged spouses waiting to be heard. Suddenly, you’re not talking together, making the best decisions for your family. You’re opposing parties, thinking only about what’s best for you. You listen to your attorney describe the merits of your position, while poking holes in your spouse’s. If you’re angry at your spouse, and feel that he/she did you wrong, does it feel good to hear your attorney speak that way? Sure – that’s called human nature. It validates our feelings. But in the long run, it’s highly destructive. Think about this: after hearing your attorney, on your behalf, describe your husband as an unfeeling and uncaring parent, how do you go home and assure your kids that daddy loves them and wants only the best for them? After hearing your attorney, on your behalf, describe your wife as lazy and unstable, how do you keep those feelings from communicating themselves to your kids? Better yet, how do you expect that uncaring or unstable parent – who’s listened to him/herself described that way – continue to co-parent with you? And effective co-parenting is what your kids expect and deserve.

Needless to say, engaging in the collaborative process prevents the scenarios I’ve described above. But even if you choose to engage in the more traditional litigation model, it’s important to keep that in mind. There will be many times when you will need to stop and ask yourself if the short term gain is worth the long term destruction.

At Joanne E. Kleiner & Associates, Ms. Kleiner brings more than 25 years experience of family law and divorce to the table. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out an online intake form.

Divorce Is Not Just About You

admin — Wed, 14 Jul 2010 19:52:50 +0000

Divorce is an emotional and upsetting time. People going through a divorce are often filled with grief, anger, nervousness, pain and uncertainty. At times like that, it is difficult to think of others. Particularly when children are involved, however, it is vitally important to your family that you focus on the big picture when you are involved in a divorce or other family law matter.

Children will internalize their feelings and often will play off your behavior. Things you say in the heat of the moment may be permanently recorded in the minds of your children. Children may feel that they are being forced to choose between their parents, or that they are being disloyal to one parent when expressing love for the other parent. Moreover, when the dust settles, if you do have children, you will have to continue to co-parent the children for many years. In fact, the reality is that you will have to have some kind of relationship with your ex-spouse on issues regarding the children, as well as special events such as birthdays, graduations, weddings, etc.

If you can muster the strength to step back and see the big picture, your future, your family and your children, then you will be at an advantage and positioned to make excellent decisions. Remember, the decisions you make today will affect your life (and the life of your children) tomorrow. Similarly, the way you handle your conflict today will affect the relationship you have with your former spouse going forward. Your children, as well, will learn from the way you handle this situation.

During a time when emotions can get in the way of reason, it is a good idea to have someone you can trust, confide in, and will be your voice of reason during these emotional times. You need to make sure you understand the consequences of your actions, both the positive consequences and the negative consequences. If you have children, you will want to also make sure you understand the consequences to them.

Decisions about child support, child custody, visitation schedules and the distribution of property can all be related, and the decision regarding one, can affect the others. For that reason, it is highly advisable to retain an experienced attorney to assist you with understanding the legal ramifications of all your options and to advise you based on the knowledge and experience of your attorney.

Collaborative Law Is Good for Divorces Involving Children

admin — Thu, 24 Jun 2010 18:23:20 +0000

Divorce can be extremely emotional for children. The anxiety caused by watching parents fight can scar children for a long time. The litigation process is one way to resolve differences in a divorce, but the adversarial process takes its toll on everyone, especially children. It can also leave parents bitter toward each other, making it difficult to work together on issues affecting the children in the future or to attend children’s events and milestones.

A relatively new area of the law is called collaborative law, and it is built on a process of cooperation and working together toward a solution, rather than an adversarial process that pits the parties against each other. With collaborative law, family law and divorce issues (including child custody issues) are resolved by having the parties and their lawyers work to a mutually acceptable resolution. To facilitate the process, the parties and their lawyers sign an agreement stating that none of the attorneys working in the collaborative process can participate in later litigation if the collaborative process fails.

This agreement ensures that everyone has something to lose and nothing to gain in the event of failure. This way, everyone is working toward successfully resolving all issues relating to the divorce and children.

How Do Children Benefit from the Collaborative Divorce Process?

Parents and children both benefit from the collaborative law process in a divorce. A collaborative divorce includes the following benefits for children:

The children’s parents have more of a say in the final agreement — In divorce litigation, a judge determines what is in the best interests of the child or children. However, in a collaborative divorce, the parents make that determination. Because the parents typically know better than a judge what is in the best interests of their children, the children benefit from the collaborative process.

A collaborative divorce is less stressful on the children — The children see their parents working together to resolve differences rather than putting the child in the middle of a fight or making the children choose sides. This can be a valuable lesson for them when they become adults, too.

A collaborative divorce is typically less expensive than litigation — This cost-effectiveness benefits the children by ensuring the parents have more resources and funds to spend on the children and their quality of life.

A collaborative divorce is typically faster than litigation — Because of the efficiency and speed of a collaborative divorce, everyone, including the children, can move on with their lives. In addition, the speed of a collaborative divorce also means the process will be less stressful on everyone, including the children.

These are some of the benefits of utilizing the collaborative law process to facilitate a divorce. Although a collaborative divorce may not be for everyone, it is certainly an option worth exploring with your attorney, especially if you have children.

Contact an experienced family law attorney who has knowledge of and a background in collaborative divorce to ensure you receive accurate information and are in a position to make an informed decision about the best way to proceed.

At Joanne E. Kleiner & Associates, Jenkintown family law attorney and divorce lawyer Joanne Kleiner has a background in and understanding of the collaborative law process. She is also a member of the International Academy of Collaborative Professionals (IACP) and the Bucks County Collaborative Law Group. She has more than 25 years of family law experience and is a certified mediator. If you are considering divorce, or if you have been served divorce papers in southeastern Pennsylvania (Montgomery, Bucks or Philadelphia Counties), Ms. Kleiner can provide you with the information and advice you need to make an informed decision about your and your children’s future.

Schedule a confidential consultation with a divorce and family law attorney who understands the collaborative divorce process and resolving issues relating to children by calling 215-886-1266. Or, fill out our intake form and we will contact you. The decisions you make today really will affect your future. Let us help you make those decisions intelligent and informed.