Law Office of Joanne Kleiner

Archives for May 2012

May 31, 2012

The Collaborative Divorce Process in Pennsylvania

Collaborative divorce is an alternative to litigated divorces that resolves your issues through cooperation with your ex-spouse — and takes places entirely outside the courtroom. The collaborative divorce process forms a team of the spouses, their attorneys and other professionals to address the unique needs of your family. The cooperative dynamic of collaborative divorce gives you a better chance for a positive outcome than litigation, in which a judge ultimately decides the issues for you.

The collaborative divorce process offers many advantages over litigation because it:

• Creates an atmosphere for civil negotiation and cooperation
• Involves other professionals to address more than just legal concerns
• Develops a financial plan to address future concerns
• Addresses each spouse’s emotional concerns
• Develops co-parenting plans for divorces involving children

The collaborative divorce process is based upon the spirit of cooperation. In fact, the first action in a collaborative divorce is a commitment by both parties and their attorneys not to involve the court in the process. This commitment is fundamental to the process and key in creating the cooperative atmosphere necessary to make collaborative divorce successful. Collaborative divorce is different than mediated divorce, in which a neutral mediator helps to resolve your issues. In the collaborative divorce process, the parties, though working cooperatively to achieve a negotiated settlement, are not neutral. Each party’s collaborative divorce attorney provides their client with independent legal advice regarding any proposed agreements. Should you or your ex-spouse opt to go to court, however, the process ends and both attorneys must withdraw.

Talk to a Pennsylvania collaborative divorce attorney today

Collaborative divorce has increased in popularity because it is a non-litigated approach to divorce aimed toward resolution for both parties. To learn more about the collaborative divorce process contact us online or call (215) 886-1266 to schedule a consultation.

May 17, 2012

Types of Divorce in Pennsylvania

Divorce law in the Commonwealth of Pennsylvania provides for many approaches to divorce, as follows:

• Uncontested divorce. When spouses in a divorcing couple can agree on all the issues and do not site fault grounds, they file for an uncontested divorce.

• Contested divorce. A divorce in which the spouses disagree on issues such as child custody, visitation, spousal support and property division is contested. In a contested divorce you go to court to resolve the issues. A contested divorce can be an expensive and drawn-out process, and requires the assistance of an experienced Pennsylvania divorce attorney to get through the process.

• Collaborative divorce. A collaborative divorce allows couples to resolve their differences without going to court. In a spirit of cooperation, the spouses negotiate an agreement on the issues, and both parties are represented and advised by separate collaborative attorneys. Collaborative divorce is a completely voluntary process, and if either spouse opts to go to court, the process ends and the attorneys withdraw.

• Mediated divorce. Divorce mediation is a process in which a neutral third party helps the divorcing spouses to resolve disputes on the issues and reach an agreement.

• Legal separation. Pennsylvania has no such status as legal separation. However, a divorce attorney can prepare a separation agreement for you. The separation agreement is a legally binding document that offers protections for both spouses during the separation. The agreement can include provisions on property division, support and custody, and any issues covered in a divorce decree.

You don’t have to face a divorce alone

Each family is unique and has its own special needs. An experienced divorce attorney can help you determine the best approach to divorce for your family. Contact us online or call (215) 886-1266 and schedule a consultation to discuss your divorce needs.

May 11, 2012

Examples of Parenting Time Schedules in Pennsylvania

Before developing your child visitation schedule, it is important to understand the different types of custody in Pennsylvania, which are defined in 23 Pa.C.S. § 5302 and include:

• Legal custody
• Partial custody
• Physical custody
• Shared custody

You may also want to look at a sample visitation schedule so you can get an idea of what should be included in your visitation schedule.

A good place to start is by examining each parent’s schedule for available and unavailable time blocks. This preparation helps to ensure that visitation is not scheduled during a parent’s work hours and helps to avoid paying for child care when a parent’s schedule is open. The components that should be included in a comprehensive visitation schedule are:

• Day-to-day schedule. This should specify the days and times your child spends with each parent on a regular basis. If appropriate, the schedule can be broken down by hour, such as when a parent is available to pick up a child from soccer practice while the other parent is still at work.

• Holiday schedule. For holidays and special occasions it is important to allow for an equal amount of time with each parent. Birthdays, major holidays and significant family events such as graduation ceremonies should be included. In your holiday schedule be sure to include the times when the holiday begins and ends so there is no confusion.

• Vacation schedule. Such schedules would include school breaks during the year such as summer break, spring break and winter break.

A Pennsylvania family law attorney can help

Creating a parenting time (visitation) schedule can be a daunting task and may require the help of an experienced Pennsylvania family law attorney. Contact us online or call (215) 886-1266 to discuss your child visitation schedule needs.