Law Office of Joanne Kleiner

Archives for August 2018

Aug 28

How to Share Responsibilities for a Young Child’s School Activities

Who Is Responsible for School-Related Child Issues After Divorce

In 2016, the marriage rate was 6.9 per 1,000 individuals, and the divorce rate was 3.2 per 1,000 people. Overall, about 40 percent of first marriages end in divorce, and the rate is higher for second and subsequent marriages. Many of those divorces include households with young children who attend school, leaving parents with some tough choices regarding who will be responsible for handling school-related activities.

Deciding on a School District

If you and your ex-spouse both reside in the same school district, you may still need to decide on whose address to use as the primary address for your child. If one parent lives in a much better school district, you may have to work out the residency in your custody arrangement. This could be the situation if you share custody and parenting responsibilities. If one parent has primary custody, then that parent’s address is typically the one used for school purposes. The address is important because school district borders may vary based on which side of the street you live on.

Attendance at School Functions

When working with your divorce mediation lawyer, many of the scheduling issues between you and your ex-spouse will be negotiated as a part of the child custody arrangement. However, some issues may need to be directly specified in the arrangements. Attendance at school functions is one of those topics. Schools encourage parents to attend special events such as open houses and plays. If you do not want to attend the events simultaneously, work out an arrangement based on whom the child is with on the day of the event. You could also work out something different, such as an arrangement where one parent goes to daytime functions and another goes to evening functions.

Parent and Teacher Conferences

Parent and teacher conferences are an important part of the educational process. They allow you to find out how your child is doing socially, academically and functionally in the school environment. If you have a shared custody arrangement, consider going to a conference together or arranging separate times to both meet with your child’s teacher. This is especially important if your child stays with you and your ex-spouse during the school year.

Child Discipline Problems at School

You will also need to decide on who will be the point of contact if your child has a discipline problem at school. In this situation, you might have meetings with the school’s counselor, principal and teacher. Both parents may be asked to attend. If you and your ex-spouse prefer, you can arrange so that just one of you will handle these situations if they arise.

Pickup and Drop-Off Responsibilities

Part of your child custody arrangement may include who is responsible for getting your child to and from school each day. If you share custody and switch off different days of the week, this information will need to be provided to the school. If your child will ride the bus and use different school bus routes and stops based on whose house they are going to that day, this information must also be communicated to the school.

Emergencies and Unusual Events

You also need to have a plan with your ex-spouse about how to handle emergencies and unusual events. For example, if your child gets sick during the school day, you will need to know in advance who will pick up the child at school. This might be based on work schedules or which parent is caring for the child that day. You should have a plan in place for situations such as weather hazards that result in school closures, delays or early dismissals. Have a plan for handling school lockdowns and emergency building closures that are due to utility disruptions or widespread illness.

Joanne Kleiner is a skilled divorce mediation lawyer who can help you work through all of these issues. To schedule a consultation, contact us at Joanne Kleiner & Associates by phone at (215) 886-1266. You can also visit our law office in Jenkintown in person to make an appointment.

Aug 14

What You Should Know About a Separation Agreement

What a Separation Agreement Entails

If you’ve been living apart from your spouse and you’re on your way toward obtaining a divorce, you may want to think about a separation agreement. Over 30,000 divorces occur every year in Pennsylvania, many of which may have likely progressed without much issue because of a separation agreement. While not every separated couple is able to make this type of agreement, it could benefit you and your situation in a variety of ways.

What Is a Separation Agreement?

Although a separation agreement can be created before or after you file for a divorce, it’s commonly written up before the divorce occurs. This agreement is a written contract between both spouses that determines how property is going to be divided, how custody or alimony is to be arranged, and what your rights are. This type of agreement is legally binding and can be used once you file for an actual divorce. This contract serves as an agreement to all of the issues that can typically cause a divorce case to be a lengthy one. It is usually made after the two spouses have been separated for a lengthy period of time.

Since each spouse must agree on every single detail of the separation agreement, both parties will need to sign the document before it is considered to be binding. While the issues mentioned previously are the primary ones that must be detailed in a separation agreement, spouses can place anything they want into the agreement. For instance, some people choose to address such issues as what religion any children will formally practice or how any family pets will be taken care of. People choose to place these issues into a separation agreement now so that one spouse can’t change his or her mind later on. If one party attempts to do the opposite of what was agreed upon, the separation agreement serves as a legal document that may be useful.

How a Separation Agreement Can Help With Uncontested Divorce

Uncontested divorces are ones where you and your spouse have agreed to all of the particulars of a divorce, including custody time and the division of property. A separation agreement effectively turns your divorce into an uncontested one. Spouses who make these agreements before going to court are usually able to avoid having to eventually go to court to contest the divorce. The separation agreement that you fill out along with the other divorce paperwork will need to be agreed to by a judge.

The only instances where a judge will not abide by the separation agreement are when he or she believes that one party signed the document when under duress or he or she feels as though the terms are entirely unfair to one of the spouses. The exact process that occurs with an uncontested divorce depends on the specific details of the case. The process is simplified when there are no children involved or the assets that must be divided are small.

How a Lawyer Can Assist You With a Separation Agreement

Even though a lawyer is not always necessary for a separation agreement, there are a variety of ways in which a lawyer like ours could help you with your case. Lawyers who have experience in divorce law understand all of the facets of a separation agreement, which means that you can be counseled on these matters if ever necessary. Our lawyer can provide you with all of the information you require about a separation agreement as well as an uncontested divorce.

While the willingness of two parties to sign a separation agreement is a positive step in regard to the divorce process, it’s also a complex one that may require close attention by a lawyer who understands Pennsylvania law. Given the legal rights involved in a separation agreement, you may want to seek out our attorney to help you throughout the process. Sending us information about your case will allow us to identify what options are available to you.

When you’re searching for information about uncontested divorces for your own situation and you require counsel, call Joanne Kleiner & Associates in Jenkintown at (215) 886-1266.