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Archives for July 2022

Jul 09

Choosing Arbitration as an Alternative Conflict Resolution for Divorce

Arbitration Is a Cost-effective, Time-saving Divorce Resolution Method

Settling a divorce in a courtroom can take time and money, and not all couples want to take that route. Arbitration provides an alternative option to avoid going to court while still retaining some of the certainties that a trial can provide.

How Does Arbitration Work?

Arbitration is an alternative way to resolve divorce conflicts. For the process of arbitration, the spouses each work with a divorce lawyer, and they also hire a third-party arbitrator to make the final decisions regarding the case. Each party presents their arguments, evidence and witnesses, and then the arbitrator, who is often a lawyer or retired judge, makes the final decision. While similar to a trial in court, it differs from it since the parties need to agree on whether the arbitrator will rule on all or just some of the divorce issues, on the scheduling for the case and on the degree of formality of the case.

Benefits of Arbitration

Arbitration provides wide range of benefits that make it attractive to many couples. Some of these benefits include:

  • Faster divorce resolution
  • Less expensive
  • Privacy and discretion
  • Informality of the process
  • Collaboration between the spouses
  • Certainty of a binding judgement

The Cost of a Trial Versus Arbitration

A divorce can cost thousands of dollars. When couples end up going to court to battle to settle their divorce issues, the cost can increase and even become prohibitive. Arbitration can help couples save money since the process itself takes less time from start to finish. Since couples do not need to wait to schedule a court date based on the judge’s calendar and each divorce lawyer needs less time to prepare for the case, arbitration becomes a more cost-effective option. Preparation for arbitration is somewhat less formal than for a court case, so the lawyers, who are often paid hourly, can spend less time preparing to present their client’s case.

Privacy and Discretion Are Important

The court records of divorces resolved by arbitration are public. However, the actual process is completed in private, which means that you can retain general privacy and discretion about your life, unlike a trial, which is open to the public. When you are negotiating how to divide your assets or how much financial support should be paid, discretion is important. Privacy can also be very valuable when the divorcing couple are parents, who want their issues and their children’s information to remain private.

Arbitration Can Be Helpful When There Are Children Involved in the Divorce

During divorce arbitration, parents can also resolve issues related to child custody and support. If both parties can come to an agreement focusing on the best interests of their children, the resolution of the arbitrator will be accepted by the court. However, if the court decides that the children’s best interests were not served by the judgment, then the court reserves the right to revert the arbitration for those issues.

However, when parents use arbitration to resolve their divorce issues, they also need to agree to the arbitration, hire the arbitrator and accept the rules for their arbitration. This can also benefit their children, who can witness their parents collaborating even as they are negotiating the dissolution of their marriage. Collaboration between the parents tells children that their parents are still willing to work together to resolve issues, something that will come in handy as they move forward with parenting after divorce. It also spares them the emotional trauma of a court battle.

Not all divorce cases need to end up in a contentious trial. Choosing an alternative method of conflict resolution such as arbitration can save you time, money and stress. You can learn more by contacting us at the Law Office of Joanne Kleiner at 215-886-1266 or via our website. Our offices are located in Jenkintown, and we will reach out to schedule a consultation.

Jul 05

How Can I Have a Child-Centered Divorce?

What Is a Child-centered Divorce?

About 72% of divorces take place within 14 years of marriage, which means that many young children experience the life-changing stress of living through this process. The long, drawn-out process of divorce can have life-altering effects on a child’s mental and physical health, and it puts their own future marriages at a higher risk of divorce. One way parents can mitigate these effects on their children is to work with a divorce lawyer who offers child-centered divorce services.

Set Your Priorities

When you or your spouse file for a divorce, you’ll have to consider what’s the most important part of the process. Many people focus on who gets the house or who keeps the family dog. In many cases, the children aren’t the first, second or even third priority. A child-centered divorce coordinated by a divorce lawyer ensures that the child or children are prioritized over everything else.

Agree on One Thing

You and your soon-to-be ex-spouse might disagree on almost everything. After all, that’s why you’re getting divorced. However, it’s important to agree on at least one item: Your children are the most important part of your lives. You both love your children more than anyone else in the world, and you want what is best for them no matter what. Once you can agree to this, you can move forward with a child-centered divorce.

What a Child-Centered Divorce Does

A child-centered divorce protects your children from emotional trauma. It also reduces their risk of developing a mental health disorder as a result of living through your divorce. Focusing on your child’s emotional needs could lower their risk of developing anxiety, depression or post-traumatic stress disorder. While a child-centered divorce won’t spare feelings of sadness or anger, it can mitigate them and make them easier for you and your child to manage.

Stay Out of Court

The first step in a child-centered divorce is staying out of the courtroom as much as possible. Going to court is costly, time-consuming and anxiety-provoking. The more time you spend in court, the more conflict your children witness. Working with a divorce mediator or with an attorney who has experience in the collaborative divorce process will help you minimize the amount of time you have to be in court.

Focus on the Future

Think ahead to five years from now. How would you want your child to view the experience of having their parents divorce? If you carry the burden of the divorce-related stress and help your child feel safe and loved, they may look at the experience as a way mature adults handle disagreements and how people can move forward with their lives in peace and with mutual respect.

Build Your Relationship With Your Child

Even though your marriage fell apart, your relationship with your child doesn’t have to follow the same path. Regularly ask your child how they feel. Spend time doing something fun with your child. If you’ve always enjoyed cooking together, playing at the playground or going to the beach, keep up those important traditions. You’ll be making positive memories that outshine the stressors of divorce. Maintaining rapport and trust with your child will solidify a lifelong positive relationship.

Be Patient

Recovery after a divorce could take a year or two for you and your child. Be patient with your child’s feelings and how they express them. Cut your child some slack on occasion. Some children may be more needy during and after their parents’ divorce while others might act out in order to get more attention. It’s okay to ask your child about their actions, but do it from a place of curiosity rather than one of frustration or anger.

Pennsylvania parents who are interested in a child-centered divorce may benefit from scheduling a consultation with an experienced family lawyer. Contact the Law Office of Joanne Kleiner at (215) 886-1266, or fill out our contact form to request an appointment at our Jenkintown office.

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Law Office of Joanne Kleiner | 261 Old York Rd., Ste. 402 | Jenkintown, PA 19046
215-886-1266
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