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Archives for September 2022

Sep 09

Facilitating an Uncontested Divorce Through Mediation

Divorce lawyers often recommend mediation when there is any hope of achieving an uncontested divorce as it leads to an agreement in upwards of 80% of cases. The average mediation is completed in three to six months whereas the average contested divorce is far lengthier. In addition, the cost of a traditional divorce can be 10 times higher than the cost to have your divorce mediated.

Qualifying for an Uncontested Divorce in Pennsylvania

If you would like a “no court” divorce, you must meet three criteria. At least one of you – you or your spouse – must be a resident of Pennsylvania for no less than six months before filing. Both spouses must agree on whether the case involves fault grounds or no-fault grounds. Many uncontested divorces are filed based on the ground of mutual consent, which has some special requirements that your mediator can assist with, such as affidavits and a 90-day waiting period. Both spouses must also agree on the issues in the divorce, and this is where a mediator can be especially helpful.

Agreement on Divorce Issues

Even if the spouses have a good relationship and fully intend to compromise with each other, reaching agreements on all the issues that need to be resolved can be difficult. The mediator does not represent one spouse or the other but, rather, guides both parties through this process. This includes determining how to divide marital property, how to allocate responsibilities for outstanding debts, whether one spouse will pay alimony and the amount, child support for dependent children, and child custody and visitation. While the mediator does not represent either party, both spouses can opt to have their own legal representation whose job it is to preserve their client’s rights.

Preparing, Filing and Serving Uncontested Divorce Papers

Paperwork must be completed and filed to begin the uncontested divorce process. Some Pennsylvania counties have their own forms as well, and your divorce lawyer can help ensure that all necessary documents are prepared and filed. The lawyer will also help you determine where to file. Typically, you should file in the county where your spouse resides, but that may not be the case if a couple is separated, or where they live presents issues. Once the documents have been filed, the divorce papers must be served to each spouse, which is an official process that the firm can oversee as well.

Uncontested Divorce Time Frame

As mentioned above, the average traditional divorce involving the courts takes 24 months. A mediated divorce will usually take at least three months as there is typically a 90-day waiting period requirement. It is unusual for a mediated divorce to take longer than six months to finalize.

Uncontested Divorce Expenses

There are costs to file with the courts, which are usually $200 to $300. The cost for mediation is typically $1,500 to $4,000 per person. There may be additional legal fees if you opt for personal representation. There can also be some additional expenses if you have to, for instance, make changes to retirement accounts. The average cost per person of a divorce that requires litigation is $20,000, and there can be many additional expenses as the case extends for months or even years.

Other Benefits of Divorce Mediation

Divorce mediation puts your children first as it creates a harmonious family environment and eliminates the need for them to take the stand. It lets you shape the divorce to the specifics of your family. It is much less stressful and protects your privacy as you are not exposed to public court cases.

Divorce Mediation in Pennsylvania

If you’re considering divorce mediation, the Law Office of Joanne E. Kleiner is here to help. Our law firm has more than 25 years of experience helping both men and women get divorced and move forward with their lives. If you would like to schedule a consultation with a divorce lawyer, you can contact our Jenkintown office online or call us at 215-886-1266.

Sep 05

Should You Try a Divorce À La Carte?

Everything You Need to Know About Unbundled Divorce Services

Did you know that the average divorce can cost many thousands of dollars or more? However, you don’t need to let concerns about this keep you from divorcing a problematic partner. A trend called divorce à la carte, or unbundled divorce services, can save you money.

What Is Divorce À La Carte?

This type of divorce gets its name from restaurants’ à la carte pricing scheme. In à la carte pricing systems, customers pay per item instead of paying a flat fee for an entire meal. When it comes to divorce, the concept is much the same. Typically, people who get a divorce agree to a flat fee or an hourly rate that covers all attorney services. They agree to pay a set sum and then the lawyer handles every part of their divorce.

In an à la carte divorce, the client pays only for specific services. This type of legal arrangement is technically referred to as unbundled legal services. Your lawyer will give you a list of different services to pick from, and you pay them only for those activities. Anything the lawyer doesn’t handle will be left up to you and your ex-partner. Depending on your needs, you might want to pay for one or more of these services:

  • Drafting legal documents
  • Reviewing legal agreements and explaining them
  • Negotiating with the other side
  • Collecting evidence on your behalf
  • Representing you in court
  • Filing documents with the court

Benefits of Using Unbundled Divorce Services

The main benefit of this divorce method is that it’s very affordable. Since you have to pay only for the things you need help with, you save a lot of money. Especially if your divorce is simple and non-contentious, you can easily handle things like asset division yourself. You just pay a relatively small amount for paperwork instead of spending thousands of dollars on services you don’t really use. If you’re looking for a less-expensive divorce, unbundled legal representation is definitely the way to go.

Many people also like that this method puts them in charge. You don’t have to sit back and wait to hear from your lawyer all the time. Instead, you set up your own timeline and decide what needs to be done. The divorce lawyer is there to provide support as needed, but you remain in control.

In some cases, a divorce à la carte is also faster. When a couple starts disagreeing and getting into lengthy legal fights, the process can drag on for months. However, if you and your estranged spouse can work together, an unbundled divorce can be quite fast. You don’t need to wait on your respective divorce lawyers to have a free schedule, and you don’t spend a lot of time in formal negotiations. In many cases, people are able to quickly sort out the details, spend an hour or two getting basic help from a lawyer, and then have things promptly filed with the court.

How Much Do You Have to Do Yourself?

Keep in mind that these cost savings do come with some extra responsibilities for you. This type of divorce is often called a DIY divorce because you and your spouse will handle a lot of the details yourself. The more you manage yourself, the less you have to pay your lawyer. Depending on your situation, you might want to handle one or more of these following tasks:

  • Discussing fair ways to divide assets
  • Submitting prepared paperwork to the court
  • Collecting documentation on all debts and assets
  • Drafting preliminary child custody agreements
  • Communicating with your ex and their lawyer
  • Filling out basic paperwork

If you’re considering this type of divorce, the Law Office of Joanne Kleiner can help. We offer a variety of flexible pricing options, so you can find the services and fees that fit your situation. To learn how much a divorce à la carte would cost at our Jenkintown law office, schedule a consultation today. Call 215-886-1266 or fill out our contact form to learn more about our pricing options.

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