Law Office of Joanne Kleiner

Archives for September 2019

Sep 13

What to Do When Mediation Doesn’t Work

What Happens When Mediation Fails?

Research indicates that people are more likely to have a satisfactory outcome with their divorce when they use mediation instead of the courts, but this does not mean that mediation is the best choice for every couple. Knowing what to expect if your mediation fails can help you feel a lot more comfortable with the entire process.

How to Decide If Mediation Has Failed

When mediation does not go as smoothly as possible, your first instinct might be to decide it has failed and move on. However, it is important to take a breath and remember that it is still possible to use mediation even if you have had a disagreement or two. You may want to think twice about stopping mediation unless you notice one of these problems:

  • One person is constantly belittling or harassing the other.
  • Your mediation sessions go nowhere because you are sidetracked by arguments.
  • One party refuses to budge or compromise on any issues.
  • During sessions, one person never speaks or mentions their desires.
  • Belligerent tactics, like denying access to children or threatening to cut off funds, are being used.
  • One person repeatedly lies or fails to disclose important information.
  • Proceedings are being dragged out because one party does not want to divorce.

Considering Another Round of Mediation

Noticing problems in your current mediation session does not necessarily mean that you need to give up on mediation altogether. Sometimes, it is still possible to fix your mediation. You may want to consider starting fresh with another divorce mediation lawyer. Sometimes, no matter how talented an attorney is, his or her personality just might not be right for your situation. It can also be helpful to take a short break and get a more objective outlook on mediation. This can be a good solution when you and your ex really want the benefits of mediation but are just struggling to compromise and work with each other occasionally.

Trying the Collaborative Divorce Method

Mediation not working out does not necessarily mean you need to go straight to divorce court. Another useful option can be a collaborative divorce. Collaborative law shares some similarities with mediation since both procedures involve the two parties working together to find a mutually beneficial arrangement. However, instead of working with just one mediator, each party comes to the table with their own lawyer. This can be useful because you have someone to represent your interests and take your side in discussions. The collaborative divorce method also gets more input from other unbiased parties. You meet with professionals like child therapists and financial experts to discuss your situation and get more advice.

Moving on to a Divorce Trial

When there are things you simply cannot agree on, it might be time to take things to the courts. A judge can help find the best solution for any children and assist in dividing up assets in a fair and equitable way. Even when you do not agree on every part of the divorce, you can still file a no-fault divorce in Pennsylvania. This lets you have a shorter divorce time while still getting the court’s input on deciding important aspects of your divorce. Keep in mind that all your time in mediation was not wasted just because you are involving the court. It was still a valuable way of gathering information and learning more about you and your ex’s priorities and goals.

Find the Right Option for You With Joanne Kleiner

Whether or not mediation turns out to suit your situation, the Law Office of Joanne Kleiner is here to help. With over 25 years of experience, we have the knowledge and the dedication to try and get you the best possible outcome for your divorce. In addition to being a talented divorce mediation lawyer, Joanne Kleiner also assists with a variety of other family law cases. Call our office in Jenkintown at (215) 886-1266 or fill out our contact form to schedule a confidential consultation today.

Sep 10

Reasons Older Couples Get Divorced

Why Older Couples Are More Likely to Divorce

According to research from Bowling Green University, the divorce rate for those aged 50 and older has doubled since 1990. At the same time, younger couples are choosing to remain committed to their partners at higher rates. There are many reasons why older individuals may choose to end their marriages, and several of these reasons have nothing to do with hate or spite for their partners.

Parents Stayed Together to Raise the Kids

You may have chosen to stay together with your spouse to provide a stable life for your children. When the kids were fully grown and moved out of the house, there was simply no reason to stay together. It is not uncommon for couples to only realize how far they have drifted apart until after their kids have left. In these instances, there is nothing to distract them from the pitfalls of their marriages.

Women Have Experienced Greater Economic Freedom

Several decades ago, women were seen as homemakers while their husbands provided financial security for the family. Today, it is harder for employers to discriminate against workers based on gender. Therefore, you are more likely to create a greater level of financial security for yourself regardless of your gender. Ultimately, this economic security means that women don’t need to stay in an unhappy marriage for fiscal reasons. Men who initially stayed at home or otherwise made less than their wives may also choose to end a marriage if their circumstances change later in life.

Couples May Simply Want to Pursue Other Interests

There is a chance that you’ll live longer than your parents or grandparents did. This means that you’ll have more time to pursue your love of cooking, traveling or being a business owner. At some point, your spouse may decide that he or she wants to spend more time around the house, playing golf or relaxing on the beach. Eventually, you may decide that you and your partner need to be apart to make the most of your life. The good news is that uncontested divorces are fairly easy to navigate with the help of an attorney.

Health Concerns Could Lead to a Divorce

While it may be hard to imagine leaving a spouse over a health issue, being a caretaker is stressful. In some cases, the level of care that your significant other needs is more than you are qualified or capable of providing. There is also a financial component to caring for a loved one that can add even more stress to a relationship.

Even if you are committed to caring for your spouse no matter what, he or she could experience significant cognitive decline. It is possible that your spouse won’t even remember you, which may make it difficult to remain in a relationship despite your best intentions.

It Could Be Impossible to Overlook a Significant Character Flaw

People tend to start looking toward retirement as they enter their 50s and 60s. As there is less time to save for a comfortable financial future, it can be important to create and stick to a financial plan. However, your spouse may still struggle with a shopping addiction or other vices that are expensive.

These expensive habits could put your mental, physical and financial health at risk at the same time. Therefore, you may decide that it is time to safeguard your future and hope that your spouse will eventually get the help that he or she may need. It is worth noting that money or other marital assets may be divided in some fashion even if they are held in separate accounts.

If you are looking to end your marriage in a timely and relatively amicable manner, the Law Office of Joanne Kleiner may be able to help. Call our office in Jenkintown at (215) 886-1266 to learn more about uncontested divorces or get other insights. You can also send a fax to (215) 886-2670 for more information.