Law Office of Joanne Kleiner

Archives for August 2020

Aug 22

Will a PA Court Hear My Contested Divorce During the COVID-19 Crisis?

Pennsylvania Courts Have a Backlog That Will Affect Contested Divorces

While Pennsylvania has among the lowest divorce rates in the country (9.2% according to 2017 data), there are still thousands of cases on the dockets at any given time in the state. The COVID-19 crisis has put a halt to many in-person court proceedings, and courts have yet to resume these proceedings except on a very limited basis. As a result, you can expect your contested divorce hearing to be delayed for some time.

Courts Are Struggling to Accommodate In-Person Hearings

Courts will eventually hear contested divorce cases, but in-person trials are still a bit in the future. This could make it difficult to conduct a full trial with witnesses and evidence. For the foreseeable future, contested divorce hearings would still be delayed as courts will struggle to accommodate these logistically. Moreover, judges are still clearing their backlog of urgent custody matters that they were not about to reach during the height of the pandemic.

Pennsylvania courts are limited as to what types of proceedings they can conduct right now due to the pandemic. Across the Keystone State, courts are opening on a limited basis. However, for the time being, most judges and court personnel are operating remotely. Only the most urgent matters are being dealt with on an in-person basis right now. Other than that, each jurisdiction is proceeding differently. For example, Philadelphia has canceled all in-person hearings through the end of the year but will conduct protracted hearings remotely over video conference.

Divorce Hearings Often Come Last

This will likely mean that judges have more pressing matters to get to before they reach a contested divorce case. For example, a family court judge may first want to handle emergency custody petitions or matters where the welfare of a child could be in jeopardy. This may require an in-person hearing.

However, contested divorces are not viewed in the same light. Most divorces will end up settling before they reach a court hearing. Judges often view contested result hearings as matters where the two parties simply cannot get along and agree with each other. These are hearings that judges do not like to schedule even when there is not a pandemic. This sentiment will only be enhanced now that court resources are very limited.

Nobody Knows How Long the Backlog Will Last

If you are wondering how long the backlog may last, it is really anybody’s guess. Family court matters are continuing to pile up as judges maintain limited schedules. Even when judges begin to clear their case backlog, their priority will not be contested divorce hearings. These will generally get pushed to the back of the list. If any emergencies are at issue such as custody matters, judges may schedule a remote hearing as opposed to an entire trial in person.

It is very difficult for the court to conduct an entire contested divorce hearing remotely with witnesses and your divorce lawyer. Coordinating a virtual trial with witnesses and other evidence will be a tall task for a court, even though this is how courts intend to hear cases for the foreseeable future. As a party to a divorce trial, you may not even want a remote divorce hearing to decide your case due to the difficulty of arguing your case. Even if it is possible, there is still a substantial backlog.

As a result, your best bet as a divorce litigant is to try to mediate or settle the case without the need for a judge to conduct the trial. If there was ever a time for collaborative divorce or settlement, now is it. Of course, even though analysts always urge you to avoid a trial, we recognize that it takes two to work together to settle the divorce. However, you should understand that going to court will mean that your divorce will take much longer to resolve. This could impact property division and other issues.

To learn more about the status of the courts and how it could affect your divorce, contact the divorce lawyer Joanne Kleiner at (215) 886-1266 to set up a consultation. Our office is located in Jenkintown, PA, but we’re taking social distancing measures to serve clients remotely.

Aug 18

Divorce Mediation During the COVID-19 Pandemic

The Coronavirus Pandemic and Divorce Mediation

Even before the COVID-19 pandemic, divorce was a stressful proposition. In the midst of the health emergency, divorce lawyers have canceled in-person meetings. With Pennsylvania’s confirmed infection toll at over 124,000 as of August, many of the county courts are just starting to tackle a backlog of family court cases.

Understanding the Mediation Process

Divorce mediation is all about communication. Often, when couples reach the point of splitting up, there are emotional barriers that make direct communication difficult. In a mediation process, the couple sits with a third party who helps them talk through the many decisions a divorce requires. Mediation sessions will cover such areas as:

  • Division of property
  • Child support
  • Child custody
  • Alimony

Candidates for Mediation

Mediation minimizes the amount of time spent in a courtroom as well as often lowering the cost of the divorce. However, the mediation process is not for everyone. Spouses must maintain a decent level of communication. If one partner cannot be in the presence of the other without getting angry and upset, this process will not be helpful.

For a productive mediation, both spouses must be committed to the goal of peacefully ending the relationship. This is not a counseling session where a couple is trying to resolve issues and stay together. Mediation is a process for formally ending a marriage.

Virtual Technology and Mediation

Because mediation is about meaningful communication, virtual technology allows the process to continue during a time of social distancing. Using an online communication platform like Zoom, the couple can meet with their mediator in a virtual mediation session. A conference call is another way that partners can communicate with the mediator.

The spouses will deal with the same issues in a virtual setting. However, online mediation will bring new challenges. In most in-person mediation processes, the sessions end with the couple signing forms together at the legal office. An action that took a few minutes may be extended to days as forms travel by mail or the spouses make separate signing appointments.

Delays in Divorce Because of COVID-19

Mediation is not the final step in divorce proceedings. If the mediation is successful, the couple will have a separation agreement that handles the necessary aspects of dissolving the marriage. However, the court must approve the agreement, and the couple must swear to the agreement through the court. Unfortunately, the COVID-19 pandemic has slowed down this part of the divorce process.

The advantage of virtual mediation during the pandemic is that spouses do not have to wait to prepare the agreement. It is a great relief to have the separation agreement in writing and ready to go. As the courts reopen and begin to hear divorce cases, the couple will be ready for their final session.

Tips for Meaningful Communication on Virtual Platforms

The COVID-19 pandemic has moved a great deal of communication online. Of course, this kind of format is quite different than sitting face-to-face around a table. Couples can expect some challenges when working with this technology for mediation.

The couple should be prepared for pauses. Differing internet speeds can cause lag that disrupts the natural flow of conversation. When someone speaks, other participants should take a beat before responding. Participants can use hand gestures like waving to indicate that they would like to speak. In some cases, it will be best for the mediator to call on the participants for input.

The couple should be ready for the meeting. Online communication often feels less formal. However, these sessions will be the most productive if participants can minimize distractions and have all of their necessary documents in front of them.

Patience is a necessity. There will be frustrating moments during an online session. The technology may not always work perfectly. Children and pets will not always behave in the background. It is best to acknowledge the imperfections and move forward.

As a divorce lawyer in Pennsylvania, Joanne Kleiner can help you through the mediation process as either a mediator or legal advisor. To find out more, you can reach out to the Law Office of Joanne Kleiner in Jenkintown through our website or by calling 215-886-1266.