Law Office of Joanne Kleiner

Archives for March 2019

Mar 22

The Advantages of an Uncontested Divorce

The Benefits of Getting an Uncontested Divorce

About 50 percent of married Americans end up getting divorced at some point in their lives, and despite the common misconception that divorce is about conflict and winning, the truth of the matter can be very different. Through cooperation and striving for a mutually beneficial scenario, some couples can arrive at a divorce settlement that is amicable for both parties. If they can, they eliminate the necessity of going to court, and cases such as these are known as uncontested divorces.

What Does the Process Involve?

In any divorce, contentions and discussions regarding the settlement tend to fall into one of four categories:

  • Distribution of shared debt
  • Division of marital property
  • Custody and care of the children
  • Child support or spousal maintenance

When two individuals agree on most things in all four of these categories, they can avoid going to court and standing in front of a judge. Instead, they can work out the difficulties on their own and solve everything between themselves. This makes the entire process less hostile and allows it to wrap up much more quickly.

Which Couples Are Eligible?

Obviously, this type of divorce requires two mature adults who understand that their marriage is over and who both wish to move on with their lives. A big part of this scenario is learning to let the other person go. Both parties must be able to set their emotions aside in order to tackle the problems at hand in an objective fashion. Furthermore, it is important that both sides approach the negotiation as equals. In other words, there should be no imbalance in the power dynamics between the spouses. This could lead to a skewed agreement in which one party or the other might be pressured into granting concessions he or she would not have otherwise made. In cases such as these where a fundamental inequality exists in the relationship, a trial might be more appropriate. Although some attorneys will agree to act as a mediator for both sides, it is usually advisable for each one to retain separate counsel. Regardless of how civil the people involved may be, divorce is an adversarial proceeding after all, and the process can often be facilitated by each party having a lawyer present to ensure that his or her best interests are being sufficiently protected.

What Are the Benefits?

A no-fault divorce that is uncontested can be finalized in approximately 90 days. The process can be quick and quiet. It can allow a marriage to end with dignity and away from public view. A settlement that is arrived at courteously behind closed doors is less contentious and far more shielded from unwanted scrutiny. Solving things on your own will always be significantly cheaper than going through a court appearance that can drain precious resources and present unpleasant surprises. When the couple divorcing can cooperate on settling the family’s basic needs, they will not only minimize the conflict but also the costs.

How Do We Proceed?

In the event that you opt for this relatively painless method of ending your marriage, you must reach an agreement with your spouse. The two of you will have to do most of the hard work yourselves. You must first sit down together without undue recrimination and have a rational discussion. If you can reach a fair and equitable compromise on each of the major elements that have been shared and must now be distributed, there is no reason to make the separation more unpleasant than necessary. Your respective lawyers can prepare the documents and file them on your behalf. In a relatively short time, your divorce will be granted. If you’d like to deal with legal professionals who have experience handling uncontested divorces, contact the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania, today at 215-886-1266. We’ll schedule a consultation.

Mar 19

Who Benefits From Mediation?

How Everyone Can Benefit From Divorce Mediation

In 2015, the divorce rate in Pennsylvania was 2.6 per 1,000 residents. That was among the lowest in the United States. If you find yourself needing to end your marriage, it may be best to go through mediation as opposed to litigation.

Mediation Helps You Express Yourself

One of the best reasons to go through mediation as opposed to litigation to end a marriage is that it allows you to put your feelings into words. You will have the time and space necessary to say what you want or need to get out of a divorce settlement to make it worth your while. The more that you are able to talk, the more that you are able to process what is happening to your relationship. This can be helpful during both the divorce talks themselves and as you transition into life as a single person. In some cases, a positive divorce settlement process may allow you to remain friends with your former spouse.

Mediation Helps Your Former Spouse

A lack of communication is a common cause for divorce. By allowing your spouse to communicate what he or she needs in the settlement, it can generally be created and agreed to in less time. This is because you now know what you will need to give in order to get the things that you want or need. Furthermore, you will also have a better understanding of why he or she wants a settlement to be structured in a certain way. Ultimately, it provides a clearer framework for negotiating and may reduce the chance of misunderstandings that can lead to arguments.

Mediation Can Help the Children

Your child doesn’t want to be forced to choose sides in a divorce case. However, this is what can happen when they hear nothing but yelling and screaming from two adults who are putting their own needs above those of their sons or daughters. When you choose to work out your problems in a mature manner, you and your former spouse are showing what it means to problem-solve in a healthy way. Furthermore, mediation sessions are generally held without the children present, which means that they are shielded from the acrimony that their parents are going through.

Everyone Feels a Lower Level of Stress

When you choose to go through mediation, everyone is able to stay calm and collected. This is because the mediator will ensure that the settlement talks stay on track and don’t devolve into shouting matches. This person will also make sure that each party to the mediation session is given ample time to express their feelings without being judged or interrupted. Removing the stress and drama from these proceedings can make it easier for parents to interact with each other and their children with civility and grace.

Mediation Can Even Help Friends and Other Family Members

Anyone who has a relationship with a person who is going through a divorce can be impacted by it. For instance, grandparents may feel torn between supporting their child and being able to see their grandchildren. Those who are friends with both you and your former spouse may also feel awkward about spending time around you two during a contentious divorce process. When individuals can get divorced in an amicable and supportive manner, others in that social circle don’t have to kowtow around them. Therefore, by going to mediation, you could obtain a favorable resolution to the divorce without having to risk pitting family members and friends against each other. Your divorce mediation lawyer may be able to further explain the social benefits of choosing to end a marriage in an amicable manner. If you would like to go through mediation as opposed to litigation, the divorce mediation lawyer at Joanne Kleiner & Associates may be able to help. You can call our office in Jenkintown, Pennsylvania, by calling (215) 886-1266. It is also possible to fill out the form on our website to learn more.