• Skip to primary navigation
  • Skip to main content
  • Skip to footer
  • 215-886-1266

Law Office of Joanne Kleiner

  • Home
  • Attorney Profile
  • We Can Help
  • Family Law & Divorce
    • Collaborative Law
    • Contested Divorce
    • Equitable Distribution of Property
    • High Asset / Net Worth Divorce
    • Mediation
    • Property Settlement Agreements
    • Spousal Support
  • Client Reviews
  • Blog
  • Contact
  • Search

Archives for August 2015

Aug 26

Collaborative Divorce vs. Conventional Divorce

Couple separated on couchIf your marriage has ended, you need to take legal action to protect your interests. You will want legally enforceable agreements regarding child custody and visitation, child support, alimony or spousal support and the division of marital debts and assets. For some people, the best way to resolve differences is through the conventional divorce process. If, however, you believe that you can work cooperatively with your ex to find solutions to your disputes, you may want to consider the collaborative approach to divorce.

In the conventional divorce process, one of the parties must file a complaint, and both parties typically retain their own counsel. Attorneys for the parties may seek to negotiate settlements to differences, but will also turn to the court, in an adversarial proceeding, to get the best results for their respective clients.

The process can be a long one, depending on the complexity of the situation. It is not unusual to have a period of time devoted exclusively to “discovery,” where the parties seek to gather as much evidence as possible to support their claims. This period can take months. Once discovery is complete, the parties will prepare for trial, if necessary. This may involve motion hearings to determine the admissibility of evidence, as well as other proceedings. In the trial, either or both parties may be called to testify, and other witnesses may appear. Though divorce trials are typically not that long, they are adversarial processes and will heighten stress, anxiety, and hard feelings.

In the collaborative process, on the other hand, the parties, though they each have their own counsel, agree to resolve all their differences without the intervention of the court. To this end, the parties and their attorney seek mutually beneficial solutions, often hiring experts (such as financial planners and child psychologists) to identify solutions. There is generally little to no discovery, and no hearings or proceedings scheduled in court. If the parties cannot resolve their differences without the assistance of the court, though, they must both hire new counsel to represent them in any adversarial proceeding.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

Aug 12

Collaborative Divorce vs. Mediation

Comparing and Contrasting Mediation and Collaborative Divorce

Man toying with wedding ringIf your marriage isn’t working, but you don’t want to go through the bitterness and recriminations that often accompany the traditional divorce process, there are options, including mediation and the collaborative approach to divorce, that will allow you to resolve your difference in a more amicable fashion. You may have heard about these processes, but be unfamiliar with the differences between them. Here’s a comparison of mediation and collaborative divorce.

In mediation, a neutral third party (the mediator) is brought in to facilitate resolution of all disagreements. The mediator does not represent either party and has no vested interest in a particular outcome. As a general rule, the mediator does not weigh evidence, take testimony from witnesses or render any opinion. In some states, the parties may be represented by attorneys, and in other states, attorneys are generally involved only in an advisory role. The parties to mediation can typically reject any proposal or counteroffer from the other party, and typically put all agreements in writing. Mediation is usually less expensive than the traditional divorce process, and can be completed within a fairly short period of time.

In the collaborative process, the parties retain their own legal counsel, but work amongst themselves to find solutions, agreeing to resolve their differences without the intervention of the court. Whereas mediation involves a scheduled proceeding, where parties state their positions and try to come to a resolution, the collaborative process can take place over a period of weeks or months. Often, the parties will engage experts to help resolve issues such as child custody or the division of marital property. If the parties must turn to the court to resolve a dispute, they are usually required to terminate their existing attorney-client relationship and hire new counsel.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Footer

How can we help?

Please complete the form below and we will contact you.
  • This field is for validation purposes and should be left unchanged.

From Our Blog

  • Co-Parent Relocation With Your Child After a Pennsylvania Divorce
  • What’s the Difference Between Physical and Legal Custody?
  • Is It Worth It to Fight for the Family Home?
  • How to Handle Co-Parenting and the Risk of COVID-19 Infection
  • How the Pandemic Has Put a Strain on Household Finances

Site Info

Home  |   Practice Areas  
Firm Overview
Attorney  |  Blog  |  Contact

Social Media

FacebookTwitterLinkedin

Law Office of Joanne Kleiner | 261 Old York Rd., Ste. 402 | Jenkintown, PA 19046
215-886-1266
Map and Directions

© 2021 Joanne Kleiner. Disclaimer | Sitemap

The Best Lawyers of America Best Law Firms Award Winner Logo