Law Office of Joanne Kleiner

Archives for September 2021

Sep 20

Divorce Mediation May Be the Answer

Some Things to Expect From Divorce Mediation

Did you know that mediation can produce an agreement in up to 80% of cases? With the divorce rate at about 50% of all marriages in the U.S., this is a solution that has had a dramatic increase. There are some things to expect from a divorce lawyer during a mediation session.

Discussions With Structure

You will want a mediator who opens structured discussions concerning the division of assets, custody arrangements and payment of support. You will need to reveal your finances. Talking about your goals for after the divorce should be encouraged.

If the discussion goes off-topic, a good mediator will steer the talk back to the subject. Emotions may be high, and the session should not be used for counseling. You may want to bring any supporting documentation with you to the meeting.

An Experienced Mediation and Divorce Lawyer

A local and experienced mediator should be your choice. Since the divorce process is easier with those who have local knowledge, finding a mediator through the internet is not a good choice. A lawyer who practices in your jurisdiction will be the best source. An attorney will know the laws of your area and can help prevent costly mistakes.

Guidance From a Professional

In its origins, mediation did not include any guidance from those who ran the sessions. Many of the traditional mediators still use this method when conducting divorce mediation. Mediators may not give you specific legal advice, but they can advise you on how your case may play out in court. They know what is considered fair and the rule-of-thumb in your area.

Mediators will work with you and your estranged spouse with a focus on how to settle the differences that exist. There will be no testimony or legal arguments, and the mediator will not make decisions for you. You are always free to reject a proposal made by your spouse. The mediator will let you know which issues are not open to negotiation and will clarify anything you do not understand.

No Taking of Sides

A good mediator should be neutral, especially when dealing with divorce, when emotions may surface. This is especially important when discussing custody and support. If you think that your mediator has a bias, it may be time to find a new professional to conduct the sessions.

Something Not to Expect From Divorce Mediation

There is one thing you should be aware of. Mediation is not a way to gain an advantage over your spouse. You will not get better results if you are the higher-earning spouse. Mediation should not be used to keep your spouse from hiring an attorney for representation. If this is the case, most likely, your mediation will not succeed.

The Benefits of Divorce Mediation

The divorce process is never easy. However, divorce mediation may make it run more smoothly and less stressfully. Divorce can affect you both financially and emotionally. Mediation is usually less expensive than a litigated and contested divorce. Another advantage is that communication is more open, and cases may reach a conclusion more quickly. The goal is to find solutions that work for everyone.

In order to reach an agreement, you must be open to compromise and be willing to listen to your spouse’s point of view. Although you may not understand it, you can still listen. Listening closely may help you think of a new way to resolve the issue.

At the end of the negotiations, with some or all your issues resolved, you will have a written agreement. In some cases, a parenting schedule or plan may be included. If you have not been able to agree on all the issues, you will have to do so or let the judge decide after a court hearing.

We are your local divorce lawyer and can help you with the process of mediation. Our Pennsylvania offices are located in Montgomery County, Bucks County and Philadelphia County. Call the Law Offices of Joanne Kleiner at (215) 886-1266 or use our contact form to arrange an appointment.

Sep 16

How Do You Negotiate a Satisfactory Alimony Payment Plan?

Tips for Negotiating Fair Alimony Payments

As more and more women join the workplace, alimony rates have dropped sharply. However, alimony may still be necessary in some situations. To reduce the stress and hassle associated with alimony negotiations, follow these tips.

Know the Legal Guidelines Around Alimony

Before you even begin negotiations, it is important to know what you can and cannot do. In Pennsylvania, the law only requires alimony in situations in which one spouse is dependent on the other. There is no set threshold for what counts as a dependency, but it usually involves one spouse paying for the majority of the other spouse’s living expenses.

It is possible for someone to receive support after splitting from his or her spouse but before the divorce is finalized. This alimony has to be calculated with a formula determined by Pennsylvania law. For alimony after a divorce, there is more leeway in how it is calculated. The couple can come to an agreement on their own, or the court will consider the alimony petition and decide for them. The court will consider things like:

  • The length of the marriage
  • Each spouse’s earning capacity
  • Each spouse’s physical health
  • The standard of living during the marriage
  • Whether the custodial parent will be able to earn enough money
  • How many personal assets each spouse has

Check Any Prenups You Signed

If you signed a prenuptial agreement, one of the first things to do is go over the document carefully with your divorce lawyer. In most cases, you will need to stick to your prenuptial agreement during the divorce. This is generally the fairest and simplest way of determining alimony. However, either one of the spouses can ask the court to throw out prenup alimony provisions. If the court determines that the prenup would destitute one of the spouses, it may be thrown out. You can also get a prenup thrown out if you can show that there were irregularities in creating the document.

Gather Information About All Parties’ Incomes, Assets and Expenses

A fair alimony negotiation depends primarily on taking a close look at both party’s finances. You will need to consider which assets are shared marital assets that will be split in the divorce and which assets are separately owned and that each spouse gets to keep. Next, take a look at how much each person earns. In addition to current salary, look at income potential. For example, a person who was a stay-at-home parent for 20 years may find it hard to get a high-paying job.

Figuring out how much money each person has can help you see whether you or your spouse needs alimony. In addition to income, you also need to evaluate needs. Look at each person’s lifestyle, and try to determine how much he or she would need for food, shelter and other essentials. Remember that each person should, ideally, have enough to keep up with the standard of living he or she had before the divorce.

Avoid Extremely Unfair Offers or Other Rude Behavior

When negotiating alimony, try to keep it focused on the facts. Talk about how much each partner makes, how much each individual needs and whether each person is legally entitled to alimony. Unfortunately, this is often easier said than done when emotions are involved. Divorces can be fairly complicated, and many people are tempted to use alimony as a way of resolving hurt feelings.

This can lead to issues like one party asking for an abnormally high amount of money or offering an insultingly low amount. Alimony negotiations can further devolve if partners start slinging accusations at each other, engaging in name-calling or involving children in arguments. If you are worried that personal feelings may get in the way of fair alimony, consider hiring a mediator or working with a lawyer that has experience with these types of matters. This can help your negotiations proceed more fairly.

If you want a fair and satisfactory alimony negotiation, you need talented divorce lawyers on your side. The Law Office of Joanne Kleiner is here in Jenkintown to help with alimony and other parts of a divorce. Call (215) 886-1266 or fill out our online contact form to schedule a consultation now.