Law Office of Joanne Kleiner

Archives for May 2022

May 08

Why You Should Try Divorce Mediation

Explore the Benefits of Divorce Mediation

Since it has a high success rate, mediation is one of the most effective forms of handling a divorce. Why does mediation work so well? More and more couples are choosing this process because it provides several benefits.

The Whole Process Is Faster

If you just want your divorce to be over with, mediation is the way to go. One of the big benefits of mediation is that it’s far quicker than going through the courts. When your case is decided in front of a judge, you must wait months for your court date. Depending on your situation, you may have to wait weeks while you file paperwork and send documentation back and forth. Mediation is a lot more straightforward. You schedule your meetings, attend each session for an hour or two, and then go on your way. In most cases, mediation is completed in four to 10 weeks.

You Have Less Stress

Of course, a good divorce lawyer will manage a lot of the difficult parts of the process for you, but it’s still stressful to have to go to court and argue your case in front of a judge. Since mediation is more cooperative, it has an entirely different tone. You don’t have to feel like the law is getting involved, and you don’t have to feel like you’re having a confrontation. Instead, it’s simply you and your estranged spouse sitting down with a few helpful advisors while you figure things out.

Your Discussions Are Confidential

Court proceedings typically become a matter of public record. If you have a contentious divorce, all your dirty laundry gets aired to the public. Anyone who is interested can pull court documents and learn about your relationship and your finances. If this sounds too awkward for you, you should try mediation. Mediation is a private matter. If desired, you can even negotiate nondisclosure agreements to further safeguard your privacy.

Your Children Are Less Affected

If you have children, mediation is especially helpful. By working with the other parent, you maintain a more positive relationship with your co-parent. Mediation reduces the chances of an acrimonious divorce that can lead to years of disagreements with your child’s other parent. It also keeps your kids from being involved. They don’t have to testify in court and feel like they’re getting dragged into your disagreements with their other parent.

It’s More Affordable

If you’re worried about losing money in a divorce, mediation is a good option. Divorce mediation costs are usually around 40% to 60% lower than traditional divorce costs. Part of this is due to the simplicity of mediation. You don’t have to hire a divorce lawyer to carefully prepare court arguments and spend hours negotiating with your ex’s divorce attorney. Mediation is also more affordable because it’s over faster and has fewer court filing fees associated with it.

You Have More Control

If you decide to take your estranged spouse to court for a divorce, you end up relying on the judge’s discretion. The court will decide what it deems fair and make a ruling you’re legally bound to follow. This can lead to problems like your spouse ending up with the house you renovated or you obtaining one of your spouse’s family heirlooms. If you want to avoid these issues, mediation is a good idea. You’re entirely in control, so you get to decide how your assets should be divided. You can also make more flexible arrangements regarding issues like pet custody or reduced child support.

Mediation is definitely simpler and less contentious, but it’s still a good idea to have a knowledgeable lawyer on your side. At the Law Office of Joanne Kleiner, we can help guide you through the mediation process. Our Jenkintown team is here to handle the paperwork, collect evidence for you and represent your side of the story. We can oversee everything from child custody to alimony. To learn more about our services, call (215) 886-1266, or fill out our contact form.

May 04

How Do Traditional Court Divorces Differ From Collaborative Divorce?

How Do Collaborative and Traditional Divorce Differ?

It’s never an easy decision to seek a divorce. However, there are different options available for couples who find that they can no longer salvage their marriages. Traditional court divorce and collaborative divorce are among them, but it’s helpful to know the differences between them.

What Is Traditional Divorce?

With a traditional divorce, one spouse files for divorce against the other while the other spouse may not want the divorce at all. This often leads to court proceedings. When there is a lot of animosity between the parties, it can lead to an emotional, long, drawn-out situation that’s uncomfortable. This is especially the case if the marriage involves children.

After one spouse files for divorce, the other is served the papers and is required to answer. The reason for the divorce that is usually specified by the plaintiff in a no-fault divorce is that the marriage has irretrievably broken down, although there are a number of “fault” grounds such as adultery if that is the path that is taken.

A traditional divorce involves disputes over many different matters within the marriage. It’s common for couples to disagree on issues like property division, spousal support or alimony, child custody and child support.

In traditional divorce proceedings, each spouse will likely want to have a divorce lawyer to represent them. The attorneys work hard to help the parties through the most important matters they cannot agree on. A judge makes the final decision on how property is distributed through the state’s equitable distribution laws. This means that all marital property and assets are divided fairly but not necessarily equally.

What Is Collaborative Divorce?

Collaborative divorce is an alternative option for ending your marriage. If the couple has an amicable split, collaborative divorce can work as it allows them to work together with their respective family law attorneys to decide on all the pressing issues within the marriage. While working together, you can ultimately come to a settlement that works for you and your spouse.

Negotiation is the key to a collaborative divorce proceeding. The spouses and their respective lawyers have periodic meetings until they are able to reach an agreement and a settlement. However, with collaborative divorce, if you aren’t able to settle all matters and you proceed to litigation, your attorneys are required to withdraw from the case, you each will have to hire a new divorce lawyer, and your case ends up going to court.

How Do These Two Options Differ?

Traditional court divorces and collaborative divorce are considerably different. Collaborative divorce can only occur when a married couple is open to working together to settle things. It’s a better option for getting a divorce faster and is better as a whole for your family. It’s called “collaborative” because of the way that both parties work together.

Collaborative divorce is often confused with divorce mediation. While both give couples the option of working together to settle their divorce, collaborative divorce does not involve a neutral third party to help the parties reach an agreement. Legal advice comes from the attorneys, which is something this method shares in common with traditional divorce. Other professionals might also be brought in to assist in helping the parties reach an agreement on specific matters. These professionals have expertise in areas of concern within the marriage such as a financial advisor or child psychologist.

With a traditional divorce, it’s common for the spouses to argue and have heated battles on issues. Collaborative divorce allows for the free exchange of information while agreeing to work together to settle things. It is also generally a less-costly process than a traditional court divorce.

Is Collaborative Divorce Right for You?

Collaborative divorce might be right for you if you and your spouse are willing to work together to negotiate all the terms of the end of your marriage. If you want a process that’s faster, private and confidential and that protects your children, you can benefit from this alternative method. Collaborative divorce allows you and your spouse to both take control over the eventual outcome and settlement.

If you live in or near Jenkintown, Pennsylvania, and are interested in learning more about the collaborative divorce process, give the Law Office of Joanne Kleiner a call at (215) 886-1266. You can also contact us online, and we’re happy to set up an appointment for you.