Law Office of Joanne Kleiner

Archives for November 2016

Nov 27

Is the Collaborative Divorce Process Right for You?

Collaborative Divorce

Your marriage has ended, but you’re just tired of the fight. You don’t want to simply capitulate to be done with the relationship, but you don’t want a long, protracted fight, either. Have you considered the collaborative approach to divorce?

The Collaborative Approach to Divorce

The collaborative approach to divorce is an alternative that can save you time, money and hard feelings moving forward. It looks a little bit like mediation, but has some distinct differences.

In a collaborative divorce proceeding, you and your ex-spouse agree up front to resolve all your differences without the intervention of the court. That means that you, your lawyers, your ex and his/her lawyers all agree to seek cooperative and mutually beneficial solutions to all issues related to the divorce, from custody and visitation to child or spousal support and the equitable distribution of the debts and assets of your marriage.

At the onset of a collaborative divorce proceeding, you’ll usually enter into a “collaborative law participation agreement,” a contract that requires that you:

  • Negotiate all issues in good faith, seeking solutions that are beneficial and acceptable to all parties
  • Focus your energies on where you will go, not where you’ve been
  • Put the best interests of any minor children as a top priority in custody and visitation matters

Because you’ve agreed to attempt to resolve matters without the intervention of the courts, such matters as the division of the marital estate and the best arrangements for custody and visitation are often determined by consulting experts. In the collaborative process, it’s not unusual for the parties to retain a financial planner to propose a fair allocation of property or a child psychologist to suggest the best approach for custody and visitation.

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.

Nov 03

What is an Annulment in Pennsylvania?

Annulment

If your marriage is over and you are considering legal action to terminate the relationship, you may have heard the terms “annulment” and “divorce,” and wonder what the difference is and whether one is better for you than the other. In actuality, it’s rare that you have the choice to file an annulment or a divorce complaint. There are specific grounds for qualifying for an annulment. If you don’t meet the statutory grounds, your only recourse is through a divorce.

An annulment, like a divorce, legally terminates a marriage. The key difference, from a legal perspective, is that an annulment treats your marriage as if it never happened, rending the marriage void or invalid. A divorce, on the other hand, acknowledges that the marriage was legitimate, but officially ends it.

In Pennsylvania, there are several ways that you may qualify for the annulment of your marriage. Some of those grounds make a marriage void, while others make it “voidable.” The difference? A void marriage can never be valid, as a matter of law. A voidable marriage, alternatively, can be legal, but one of the parties may have the right to void the marriage.

Annulments Where a Marriage is Void

Pennsylvania will not recognize the following marriages as valid:

  • A marriage which results in bigamy or polygamy. If one of the parties is legally married at the time of the purported marriage, it is not valid
  • A marriage to a first cousin or any closer relative
  • A marriage where one of the parties lacked mental capacity or competence to consent to marriage
  • A common law marriage where one of the parties was under the age of 18

Annulments Where a Marriage is Voidable

One of the parties may void a marriage in Pennsylvania if:

  • One of the parties was under the age of 16 at the time of the marriage and did not have court and parental consent
  • One of the parties was under 18 and did not have parental consent
  • One of the parties was under the influence of drugs or alcohol at the time of the marriage ceremony
  • The parties cannot consummate the marriage, i.e., one of the parties is unable to have sexual intercourse
  • The marriage was entered into under fraud, duress or coercion

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.