Law Office of Joanne Kleiner

Archives for September 2014

Sep 23

Mediation and Divorce

Jenkintown Divorce Mediation Attorney

Conflict resolutionIf you and your spouse are able to work together on your divorce agreement, mediation is, in many ways, preferable to leaving matters in the hands of the court. Essentially, mediation allows you and your soon-to-be ex-spouse to identify common ground regarding potentially contentious issues such as child custody, the division of marital property and debt, what to do with a closely held business, who gets the family home, even spousal support.

In divorce mediation, a third party facilitator oversees discussions between the parties involved, making sure discussions are focused on what is in everyone’s interest rather than allowing side issues to derail the process. While each spouse is represented by an attorney, the mediator ensures discussions progress towards a final settlement, diffusing disagreements that could undermine the mediation process.

In this way, you and your ex can reach mutually agreeable terms that put you in charge of your divorce agreement.

Mediation – Putting You in Charge

Perhaps the biggest advantage of divorce mediation is the control you have over the terms of your divorce settlement. When couples go through the normal divorce process, there is often an adversarial nature to the proceedings. Rather than working together, each spouse’s attorney is interested in protecting his or her client. As a result, it’s not uncommon for each side to demand things that the other side does not agree to. Consequently, anger, resentment, and bitterness leads to a “tit for tat” dynamic that can lead to irreconcilable difference.

When this happens, the court will make a decision as to what it believes is fair to both spouses and what is in the best interests of any children involved. When this happens, each spouse may find him or herself saddled with a divorce agreement that neither finds ideal. Mediation, however, allows you and your ex to determine the terms of your divorce settlement through the identification of common ground.

Customizing the Terms of Your Divorce Settlement

When you work through a mediator, you and your spouse can determine what sort of child custody arrangement works best for each of your schedules and children. If you decide on a joint custody arrangement, you can specify how holidays and summers will be handled, as well as responsibilities regarding doctor appointments and school pick-ups.

If you and your spouse have debt on jointly held credit cards, mediation allows you to determine how best to pay off your creditors. You may want to allocate more of your marital assets to one party or the other in exchange for paying off credit cards or car loans; or, you may want to exempt your 401(k) plan from division in exchange for continuing mortgage payments or paying off loans. Whatever you decide is best for your situation, mediation allows you to reach a divorce settlement that both of you find agreeable.

Contact Jenkintown Mediation Divorce Attorney Joanne Kleiner

If you are considering divorce and are interested in mediation, contact mediation divorce attorney Joanne Kleiner today to learn how we can help you.

Sep 10

Military Divorces

Jenkintown Pennsylvania Military Divorce Lawyer

Female soldierMany of the issues that arise in civilian family law apply to military families as well. There are, however, a handful of issues that are unique to military families that are affected by existing law and case precedent. For example, the Uniformed Services Former Spouse Protection Act (USFSPA) effects how retirement pay, health benefits, and eligibility for commissary are determined in a military divorce. If you’re enlisted or married to someone who is, it’s essential that you understand how marital and retirement assets will be divided, what the court takes into consideration when determining child custody, and how child and spousal support payments will be estimated after the court reviews your situation.

Child Custody and Military Divorce

Soldiers that are deployed overseas or are required to move from location to location will encounter unique issues when it comes to child custody and visitation. In general, the court will award custody according to what it believes is in the best interest of a child. If you or your spouse is actively deployed, it’s unlikely the court will award physical custody of your children to you. If both you and your spouse are in the military, the court will want to review how your possible deployment overseas could affect your children.

Our attorneys can help you evaluate the options available to you and discuss alternatives in case you or your ex-spouse are deployed. For example, it may be necessary to arrange for a close family member to take custody of your children until you are in a position to take custody of them again.

Division of Military Benefits after Divorce

The division of military benefits can be complicated by a number of factors. First, under the USFSPA, states may divide a serviceman’s pension if they have jurisdiction over him or her. This means a soldier stationed in Pennsylvania, but a resident of different state, must consent to giving Pennsylvania jurisdiction over him or her. If a serviceman does not give his or her consent to a Pennsylvania court, his or her ex-spouse will have to file a petition in the serviceman’s home state to have the military pension in question divided.

Secondly, there is no minimum number of years a military couple or serviceman has to be married before his or her pension can be divided. Rather, under the USFSPA, if there is 10 years of marriage that overlap 10 years of military service, the Defense Finance and Accounting Service (DFAS) will cut a check for the ex-spouse in order to pay the military benefit so ordered. When a marriage is less than 10 years, the serviceman is typically responsible for paying his or her ex-spouse what is owed them.

Third, in the state of California, ex-spouses can elect when they want to be paid their share of a military retirement benefit under the so-called “Gilmore Election.” Essentially, this involves deciding whether you want to wait until a serviceman is retired or be paid now and risk losing additional benefits accrued over the course of a military career.

Contact Military Divorce Attorney Joanne Kleiner

There are a number of issues that need to be discussed and understood in military divorces. If you have questions and would like information regarding how we can help you, contact Jenkintown military family law attorney p Joanne Kleiner today to learn how we can help you.

Sep 04

Divorce and Filing for Bankruptcy

Jenkintown Divorce Attorney • Bankruptcy

Stressed woman reviewing documentsIn today’s economy, it’s not uncommon for divorce to go hand in hand with filing for bankruptcy. Faced with debt on credit cards, an upside down mortgage, car loans, or medical bills, filing for Chapter 7 or Chapter 13 bankruptcy may be the best way for some people to get out from under crushing debt. Consequently, the question arises: when should I file for bankruptcy – before or after my divorce? And, what should I do if my soon-to-be ex-spouse decides to file for bankruptcy during our divorce?

In general, if you and your soon-to-be ex are on relatively good terms, it is best to file for bankruptcy before your divorce so you are both on similar financial ground. Additionally, if your income is too high to file for Chapter 7, you will need to create a Chapter 13 repayment plan together. In both cases, filing for bankruptcy prior to divorce allows you to address issues related to marital debt that can often complicate the divorce process.

Unsecured Debt, Credit Cards, and Marital Debt

Perhaps the most important point to remember when considering divorce and bankruptcy is your obligation to creditors. When you co-sign a car loan, open a joint credit card account with your spouse, or have both your names on a mortgage, you are responsible for any debt on them. Regardless of whether or not you ever used a joint credit card, drove your husband’s or wife’s car, or moved out of the house months ago, you can be held legally responsible link to www.nolo.com/legal-encyclopedia/divorce-bankruptcy-which-comes-first.html for any debt still owed on them.

So, even if your ex agrees to pay off the remaining debt on a credit card he or she always used or, pay off a car loan on a car he or she always drove, if your name is on the line of credit, collection action can be undertaken against you should your ex default on the account. Here, the terms of your divorce settlement cannot cancel out or protect you from legal obligations you have towards creditors on accounts you opened jointly.

Filing for Bankruptcy and Divorce

Keeping this in mind, if your soon-to-be ex files for Chapter 7 or Chapter 13 during your divorce, his or her unsecured debts (credit card debt, certain kinds of loans, medical bills) will be discharged or rolled into a repayment plan. However, if you don’t file for bankruptcy, creditors can still undertake collection action against you. As a result, this can complicate matters in divorce in regard to the division of marital property and marital debt.

For this reason, if you know your spouse plans on filing for bankruptcy during your divorce, you may want to consider your legal options in order to include terms in your divorce settlement regarding his or her financial responsibilities as a result. For example, you may want to lay claim to more marital property in order to help pay off some of his or her debt in order to avoid filing for bankruptcy yourself.

When Bankruptcy may be the Best Options available to You

In some cases, unfortunately, when one spouse files for bankruptcy during divorce, the other spouse may find he or she has to as well. Since a Chapter 7 or Chapter 13 bankruptcy can stay on your credit report anywhere from seven to ten years, it’s understandable that you may not want to file for bankruptcy as a result of your soon-to-be ex-spouse’s decision to do so. But, if you can’t pay your creditors and there is a danger you will lose your house, Chapter 7 or Chapter 13 may be the best option for you. At this point, you may want to file together as part of your divorce.

Protect Your Financial Interest during Divorce – Contact Joanne Kleiner

The financial consequences of divorce are important to life after divorce. Understanding how to protect you and your children’s interests now is essential when bankruptcy is a part of the process. To learn more about how we can help you protect your interests and rights, contact Jenkintown divorce attorney Joanne Kleiner today and schedule an appointment.