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Archives for July 2016

Jul 28

Frequently Asked Questions about Divorce Mediation in Pennsylvania

Divorce Mediation

Even with the difficult emotions you face after your marriage has ended, you may still want to find ways to amicably resolve your differences with your ex-spouse. One of the most effective ways to do this is through divorce mediation.

What is Mediation?

Mediation is a proceeding involving a third party “neutral,” someone who represents neither you nor your spouse. Instead, the mediator is tasked with helping you work together to identify and implement mutually beneficial solutions to your differences. The mediator does not make any determinations of “right and wrong,” and will not make any determinations of fact or render any rulings in favor of one party or the other. In addition, while evidence may be helpful to help work toward solutions, evidence is never used to persuade the court or to seek a finding by the mediator.

What are the Benefits of Divorce Mediation?

There are a number of advantages to pursuing a resolution to your divorce through mediation:

  • Typically, mediation is less expensive than litigation—First, the parties generally split the cost of mediation services. Second, because there’s no jury and the mediator will not make any determinations of fact, there’s no need to engage in lengthy discovery of evidence, one of the components of litigation that involves substantial expense. Furthermore, because you typically resolve the issues through interaction and compromise, there’s usually no need for costly expert witnesses.
  • Mediation can be completed in far less time—With most mediators, you can schedule mediation within a couple months. Furthermore, most mediation is completed in one or a couple sessions, as there’s no need to call witnesses, introduce evidence and engage in the seemingly endless motions and procedures found at trial.
  • Mediation gives you an active voice in the resolution—With a court proceeding, you put forward evidence and then wait for a third party (the judge or jury) to rule on the evidence. In mediation, you can propose a new resolution at any time and can always reject a proposed resolution from your ex-spouse.
  • Mediation improves post-divorce relationships—A key benefit, especially when there are minor children, is that you don’t engage in bitter or acrimonious exchanges, so you’re better able to move forward together.

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.

Jul 15

Choosing Where You Live after Divorce because of Your Children

house

When you are involved in a divorce and there are minor children, one of your worst fears, as a non-custodial parent, is that your relationship with your children will suffer. Even if your relationship with your ex is strong, or he/she encourages access, you may choose to stay close, so that your kids have regular and meaningful contact. The question, though, can be “just how close?”

Take, for example, the arrangement a couple in Brooklyn worked out. They had a three-unit brownstone and decided to keep the apartment, with one parent living in the garden apartment, the other on the top floor, and a tenant in between. Both parents and children acknowledged that it was initially a difficult arrangement, as the adults struggled to maintain some level of privacy. Ultimately, though, they’ve found that it works very well. The kids love that their stuff is close by, regardless of where they are. The parents appreciate that they don’t have to pack a suitcase and drop kids off somewhere, or worry about when they will be picked up. They also find it convenient when one of the parents has a work emergency or other unanticipated event.

Another approach that has been tried with mixed success is the concept of “bird-nesting,” where the children live in the same home and the parents alternate visits with the children. Many who have tried it find that it presents a lot of the problems associated with dropping off and picking up children—things get forgotten, times get mixed up, etc.

A compromise that has worked for many parents is locating within a few blocks or a couple miles of each other, allowing children to walk between the homes, or making a trip to pick up or drop off less of a burden on everyone.

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.

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