Law Office of Joanne Kleiner

Archives for November 2021

Nov 05

How a Legal Separation Might Save a Marriage From Ending in Divorce

Why You Should Try Legal Separation Before Divorce

No matter how or why it happens, divorce is always a painful process for everybody involved. Legal separation is often seen as one step closer down the road towards an inevitable divorce. However, there are many cases in which this not necessarily the outcome.

Legal Separations Help You Decide If Divorce Is What You Really Want

A temporary separation may be the perfect remedy for certain marriage problems. The time apart allows both parties to rekindle their feelings for one another and reconnect with why they fell in love in the first place.

Sometimes, being legally separated is a viable alternative to a full-blown divorce that gives couples a chance to test the waters. Divorces are complex, emotionally taxing, and usually quite costly. They almost always require the services of a divorce lawyer to ensure that all assets are split up fairly.

Opting for a legal separation before taking this big step may result in a change of heart that prevents a bitter and emotional legal battle, so it’s something worth trying for any couple that wants to give their relationship every opportunity to work out.

A Journey of Self-Discovery

It’s also a valuable time for self-discovery since married couples have often been together for so long that they’ve lost the sense of who they truly are inside. If a legal separation results in this kind of positive journey, it may lead the couple back together.

On the other hand, it’s not always the case that a personal journey ends with a person back in the arms of their spouse. Sometimes, the journey of personal fulfillment leads one or both parties to the discovery that they’re perfectly happy with the split.

In those cases, it’s easier to move ahead with the divorce proceedings without having to live in wonder of whether the marriage could’ve worked if you’d given it another chance. Legal separation is that chance to ask yourself if you’re sure that ending this relationship is what you really want.

Time to Heal

The old adage “Time heals all wounds” is obviously not always true. But it is the case in many legal separations that, with enough time, both parties can bounce back from whatever issues that caused the conflict in the first place.

It may take a significant amount of time for a full recovery from emotional pains caused by significant events in a relationship. No matter how long the legal separation lasts, it’s still a much easier process than going through a divorce and then later getting back together. For some couples, it’s a surprise to both parties when the relationship suddenly springs back to life after an extended time apart.

Distance Makes the Heart Grow Fonder

Legal separation doesn’t always mean being physically separated as well, but in some cases, having both may help. A bit of distance can do a lot to put things in perspective for a couple that has been together for a long time.

With physical separation in addition to the legal element, both parties are given enough space to feel like their own person again. And one of the most important things about having space between you and your partner is that you’re given the opportunity to miss them.

This sense of longing is often what helps couples remember how much they care for each other. Of course, it can also help a person realize that they truly are happier with the relationship ended, which is just as valuable a realization to have.

If you’re considering a legal separation, whether it’s an effort to save your marriage or one step closer to divorce, the Law Office of Joanne Kleiner is here for you. Through her broad range of legal experience, Joanne E. Kleiner provides reliable and knowledgeable service to her Pennsylvania clients.

Call 215-886-1266 today for help with the difficult decision of legal separation. If it is not right for you, you will still have an experienced divorce lawyer to walk you through every step of the way. We’ll explain the law in a comprehensible way and give you all the information and guidance you need to make the right decision for you and your family’s future.

Nov 01

Answers to Questions About Collaborative Divorce

Collaborative Divorce in Pennsylvania: FAQs

According to a 2019 statistical survey, Pennsylvania’s divorce rate is 2.6, meaning an average of 2.6 residents out of 1,000 end their unions each year. But every dissolution of a marriage doesn’t have to be War of the Roses 2.0, and increasingly, people are choosing the collaborative divorce route.

What Is a Collaborative Divorce?

A collaborative divorce is an excellent option for people who want to avoid court. Instead of attending hearings in front of a judge, the two parties use mediation and joint negotiations to craft an agreement. When both parties sign the terms, the lawyers oversee the legal legwork, and nobody ever has to step foot into a courtroom.

When Was Collaborative Divorce Legalized in Pennsylvania?

Gov. Tom Wolf signed the Pennsylvania Collaborative Law Act on June 28, 2018. The statute made collaborative divorce a viable option in the Keystone State.

Can We Use One Lawyer in a Collaborative Divorce to Save Money?

No. Although both attorneys work together in collaborative divorces, each party needs their own divorce lawyer to represent their best interests. Otherwise, conflicts of interest could arise.

What Other Professionals Are Involved in the Collaborative Divorce Process?

In some cases, a team of experts may be brought in to facilitate negotiations. Typically, accountants or investment planners participate in the process. If you need to establish a co-parenting schedule, you may want to enlist a child psychologist or counselor.

Are Collaborative Divorce Negotiations Confidential?

Yes. In the overwhelming majority of cases, collaborative divorce negotiations are confidential. Moreover, both parties agree to not file court pleadings unless the process proves unsuccessful.

What Are the Stages of Collaborative Divorce?

Each divorce is different, so it’s impossible to give a play-by-play of how every divorce will unfold. Some couples may only need to go through four stages to get it done, and others may need eight. But the average collaborative divorce case cycles through the following six steps.

  • Step 1: Hire lawyers
  • Step 2: Sign the collaborative divorce agreement
  • Step 3: Choose the professional team that will participate in negotiations
  • Step 4: Engage in discussions and meetings
  • Step 5: Sign the divorce settlement
  • Step 6: Lawyers prepare the papers for the official divorce documents

How Long Will a Collaborative Divorce Take?

Again, every case is different. Some people are able to finalize their divorces within a few weeks, and others take months. The process is significantly shorter if you don’t have kids or many assets. Generally speaking, however, collaborative divorces move at a faster clip than litigation.

What Are the Benefits of Collaborative Divorce?

Collaborative divorce has many benefits, including:

  • More control over the process
  • No court-related scheduling issues
  • Increased confidentiality
  • Less stress/more amicable

For some families, the collaborative divorce process proves easier on the children.

What’s the Difference Between Collaborative Divorce and Mediation?

The mediation and collaborative divorce processes are very similar. The main difference is that third-party negotiators guide mediations, and collaborative divorces involve lawyers.

What Happens If Collaborative Divorce Negotiations Don’t Work?

If you and your spouse go through the collaborative divorce process and cannot reach an agreement, you can dissolve the negotiations and head to court. If you take that route, however, both of you must obtain new lawyers, as the original attorneys are required to withdraw.

Do Collaborative Divorces Cost Less Than Traditional Ones?

Each situation is different. For many people, collaborative divorces cost less than litigation. But if the negotiations are complicated, the price tag for both could be comparable.

For some Pennsylvania couples, collaborative divorce may be the way to go. To explore your options, consider speaking with a divorce lawyer at the Law Office of Joanne Kleiner. You can reach us by calling our Jenkintown office at (215) 886-1266.