Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Archives for September 2023

Sep 09, 2023

What to Look for in a Divorce Mediator

How to Choose a Divorce Mediator

If you and your spouse have chosen to use the mediation process for your divorce, you will want to take time to research and choose a mediator. Because all mediators are different, you should be ready to ask questions and review their backgrounds to decide if you are both on the same page when it comes to divorce goals.

Research the Mediator’s Background

Choosing a mediator for your divorce might be one of the most important decisions that you and your spouse make as the mediator will be guiding you through the process, providing legal information, and encouraging you and your spouse to reach agreements on the various issues. During mediation, you and your spouse can each also work with your own divorce lawyer as part of your divorce team. Part of the preparation in choosing a divorce mediator should be research into their background. There are several things to look for, including:

  • How much they focus on divorce mediation in their practice
  • Their professional preparation, including certifications and ongoing studies
  • Their former clients’ perceptions of their work
  • Their involvement in professional organizations related to mediation

Get to Know Your Mediator

You can schedule a consultation to meet the mediator. During this meeting, you and your spouse should ask questions that will allow you to judge how they might fit with your divorce goals. This initial consultation is a good way to decide if you are both comfortable with the mediator and if you feel that you will be able to trust their guidance and advice. You can evaluate how empathetic the mediator is and whether you believe that they will be truly neutral during the process.

During this consultation, you can also talk about the mediator’s background since they will be offering you advice during the process. Finally, as part of the consultation, you should also discuss the services offered by the mediator and the costs involved.

Understanding the Mediator’s Role in Your Divorce

As part of your initial meeting with the mediator, you should discuss the process of mediation and the role of the mediator. Understanding this is important so that you and your spouse can successfully reach a divorce agreement on the issues, even if you each also retain a divorce lawyer during the process. Some of the other important aspects of mediation that you might want to ask about include:

  • The length of mediation, which can take several sessions
  • The impartial role of the mediator, who will not take sides during the negotiations and instead will guide you both to communicate and negotiate
  • The preparation each spouse must do before the mediation starts, such as outlining their case and goals and gathering important documents

Mediation might help you reach an agreement on all your divorce issues. However, there are times when that is not possible. In those cases, you might draft an agreement that outlines only the issues that were resolved and then choose how to proceed with the remaining issues, either by settling them later or by going to court.

How Much Does Mediation Cost?

The costs of mediation can vary and will depend on the way that each mediator chooses to charge for their services. If a mediator charges by the hour, then the total cost will depend on how many sessions you and your spouse need to solve your issues and how long those sessions are.

Other mediators might charge a flat fee for all their services so that you can have more control over the costs from the beginning of the process. Either way, mediation is often a more economical way to resolve your divorce issues than a court battle, particularly as you usually spend less time reaching agreements on the issues.

If you are ready to resolve your divorce issues in a less contentious way, you can schedule an appointment with the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania. We have over 35 years of experience helping our clients reach divorce agreements that allow them to move forward with their lives. You can call 215-886-1266 to set up a meeting.

Sep 05, 2023

Negotiating a Fair Divorce Settlement Outside of Court

Strategies for Achieving a Fair Divorce Settlement Outside of Court

The most well-known path to a divorce is through a lengthy set of court proceedings. However, this is not the only option. For many couples, it’s possible to achieve a favorable divorce outcome without the court’s intervention. This could save both parties a substantial amount of time, money, and stress while allowing for more creative and practical solutions.

Know Your Rights

Before you begin the divorce process, you should be aware that you and your spouse have the right to negotiate a fair settlement on your own. You can choose to draw up a mutually beneficial agreement without having the court decide on the terms of your divorce. The court is only required to review and finalize your divorce agreement.

Common elements of a divorce settlement include the division of assets, child support and custody agreements, and alimony. To pursue a divorce outside of court, you and your spouse must be willing to discuss all of these issues and come up with an arrangement that considers the best interests of all involved, including your children. You’ll then implement the terms in a written agreement before submitting it to the court for the judge’s final approval.

Consider Professional Assistance

If you and your spouse are particularly amicable, you may be able to draft a settlement agreement without the help of any outside parties. However, pursuing a no-court divorce doesn’t necessarily mean that you should forgo legal assistance. It is recommended that, at the very least, you each have separate counsel review your agreement to ensure that it is fair and legally binding.

You may also choose to have both parties be represented by your own divorce lawyers throughout the negotiation process, which can help ensure that each party’s interests are protected. Even if it saves time and money and you have a good working relationship with a lawyer who has helped your family in the past, you and your spouse cannot share a lawyer, however.

It may also help to enlist the assistance of a financial advisor who can help you divide assets fairly and come up with creative and equitable solutions. This professional could help you decide whether to sell property, stocks, and other assets.

In addition to legal assistance, couples may also benefit from mediation services. A neutral third-party mediator can help facilitate conversations and ensure that both parties are heard and respected during the negotiation process. This could be an appropriate option if you and your spouse have difficulty communicating or need help finding common ground.

Communicate Effectively

Once you’ve decided to pursue divorce outside of court, you must be willing to engage in active and respectful communication with your spouse. This means setting aside any animosity or hurt feelings and focusing on understanding each other’s needs, wants, and concerns.

During this process, compromise is key. It’s unlikely that you and your spouse will agree on every point in the settlement agreement, so both parties should be willing to make some concessions in order to reach an agreement that works for both of you. Know where you’re willing to be flexible and use effective negotiation techniques, like brainstorming creative solutions or making counteroffers. Be prepared to meet in the middle and accept compromises that you may not necessarily love but can live with.

Negotiating a fair divorce settlement outside of court is a viable option for many couples. It takes some extra care, attention, and patience, but it can be the best path forward. However, a no-court divorce isn’t for everyone, and it’s a good idea to consult with a divorce lawyer before you decide to go down this route.

If you’re considering a divorce in Jenkintown, Pennsylvania, and the surrounding area, the Law Office of Joanne Kleiner can guide you through your options and provide legal advice tailored to your unique situation. Contact us today at 215-886-1266 to schedule a consultation.