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Archives for December 2021

Dec 06

Is it Possible to Involve a Child Psychologist in a Mediation Session?

Can Child Psychologists Be Involved in Mediation?

Divorce is never easy, and it’s even harder when children are involved. However, this difficult process is made easier when you understand what’s permitted and what isn’t in a mediation. If you’re considering involving a child therapist or psychologist in a mediation, it’s helpful to know exactly what the process will look like and how these types of professionals can work to your advantage.

If you’re feeling unsure about how to approach finding the right mediator, it might help to focus on what the purpose of mediation is. The mediator’s main job is to assist both parties in making critical choices about their custodial situation with their children moving forward.

Mental health professionals are particularly well-suited to identify the needs of both parents and children. They will help bridge any communication breakdowns and get everyone to work together towards a common goal.

Benefits of Involving a Mental Health Professional

There are numerous benefits to going the mediation route as opposed to other divorce options, and when a mental health professional is involved, you’re ensuring that you get the most out of it. It’s a great way of ensuring your children are taken care of. In cases of domestic violence and child abuse, it’s best to have someone who is professionally trained in those types of issues.

Mediation is a great choice when parents don’t want to lay blame on one another and those who aren’t seeking revenge. If you simply want to move on with life and do what’s best for everyone involved, mediation is probably right for you.

Someone Who Is Unbiased

Working with a psychologist provides you with a neutral party. Everyone is put in a safe environment so they’ll be more open for discussion. It’s practically a given that some level of disagreement will occur, but it’s how these disagreements are approached and handled that makes the biggest difference. A mental health professional with firsthand experience and knowledge of the people involved truly helps to smooth things over.

Therapists are great at focusing and directing the conversation between you and your divorce lawyer, helping everyone to get through strong feelings. Both parents are almost definitely going to be in highly vulnerable states, to say nothing of the children, so having a professional who is experienced in handling these types of situations is a huge asset.

Professional Discussion

Sometimes, depending on the situation, when a psychologist or therapist deems it to be in your best interest, they will obtain your consent to discuss you and your children with other professionals. But it’s important to remember that a psychologist can only take this action with your written consent, so you don’t have to worry about your private information being shared against your wishes.

Divide and Conquer

With heightened emotions, it might be in the best interests of both parties to meet with the mediator separately. A psychologist will know when this is the best course of action to take, and they’ll carry it out in such a way that ensures no one feels singled out.

Simply removing one party from the discussion may help children be more comfortable, allowing certain critical information to come out. Once the mediator is working with a complete picture of the situation, the issue can be brought to resolution as efficiently and painlessly as possible.

Not a Substitute for Therapy

Parents should remember that going through mediation is not the same thing as receiving psychotherapy. This is still the case when your mediator is licensed in psychotherapy. There are significant benefits to having a child psychotherapist involved in the mediation process when there are complex issues related to the custody of your children, but it’s important to distinguish it from an actual therapy session.

Call 215-886-1266 for a divorce lawyer you can count on. When you need help with your family law matter, the Law Office of Joanne Kleiner is here to help. Visit us online and chat with a real person at no obligation to receive immediate advice and find out if involving a child psychologist in your mediation is the right move for you.

Dec 02

What Are the Differences Between Getting an Annulment and a Divorce?

Key Differences Between an Annulment and a Divorce

If you’re considering ending your marriage with the assistance of a divorce lawyer, you’re not alone. In the USA, about 50% of marriages end in divorce. Second and subsequent marriages have even higher divorce rates, and understanding the difference between an annulment and a divorce will help you make the best decision for your personal and financial future.

Invalidation of the Marriage

The biggest difference between a divorce and an annulment is that an annulment declares the marriage to have been legally invalid. A divorce is the ending of a legally valid marriage. By declaring a marriage invalid, an annulment is like erasing a marriage. However, the legal marriage records still remain on file in the courts. A religious annulment has no legal standing. If you want a legally binding annulment, this requires a court process.

Legal Termination of a Valid Marriage

A divorce is the legal termination of a valid marriage. The divorce decree states that both parties are single again. It ends all of the legal rights and obligations that married spouses have to each other. It also ends the legal benefits of a marriage, such as health care and survivorship benefits.

Reasons for a Divorce

Courts accept a wide variety of reasons for a divorce. The most common type of divorce is a no-fault divorce. This means that neither party is the cause of the ending of the marriage. “Irreconcilable differences” is the most frequently cited reason behind a no-fault divorce.

Pennsylvania law allows you or your soon-to-be-ex-spouse to file for a fault divorce. A fault divorce entails proving that the other party in the marriage acted in a way so as to end the marriage. Some reasons for a fault divorce include adultery, domestic violence, and cruel treatment. In a fault divorce, there are differences in the divorce settlement. For example, the spouse who committed adultery may be ineligible for alimony. The other spouse will have to prove to the court that the adultery took place in order to be granted a fault divorce.

Reasons for an Annulment

You may consider filing for an annulment if you or the other party believes that the marriage should never have taken place. For example, you may have gotten married by the justice of the peace after going on just two dates with your spouse. If you decide this marriage should never have taken place, filing for an annulment is a way to erase the marriage. Other reasons for an annulment include the discovery of secrets. If you would have had access to this information at the time of the marriage, you would not have gone through with it. For example, if your spouse had a child and didn’t tell you about them, this may be a reason for annulment.

Legal Grounds for Annulment

Pennsylvania courts also offer legal grounds for annulment that are not available for divorce. For example, if the marriage is incestuous or if one or both of the spouses were not legally old enough to marry, these are grounds for an annulment.

Eligibility for Alimony

After an annulment, neither party is eligible to receive alimony or spousal support. After a divorce, one of the parties may be able to receive alimony. Alimony may be granted if one person was a stay-at-home spouse or parent, cannot work, or earns significantly less money than the other spouse.

A consultation with a divorce lawyer in Jenkintown, PA, makes it easier to understand the options for ending your marriage. After consulting with a divorce attorney, you’ll have peace of mind knowing that you explored all of the options and made the best possible decision for your future. For more information about the differences between an annulment and a divorce, contact the Law Office of Joanne Kleiner at 215-886-1266, or fill out our online form today.

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