Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Archives for October 2023

Oct 09

How a Collaborative Divorce Attorney Can Help

Divorce is a personal and often emotionally charged experience. While it can be seen as adversarial, many couples seek options that avoid contentious litigation. In the United States, there are over 20,000 collaborative lawyers guiding clients through these alternative divorce processes.

What is Collaborative Law?

Collaborative law is found in divorce and other aspects of family law. This legal process allows couples to work with their lawyers and other professionals to avoid court. With that, they can achieve a settlement that best meets the specific needs of both parties and their children.

This voluntary process begins when the couple signs a participation agreement. This contract binds them to the process and disqualifies their respective lawyers’ rights to represent them in any type of litigation.

The collaborative process can also be used for disputes between parents. It can also be used to create pre- and post-marital contracts. The traditional method of drawing up marital agreements is oppositional. However, some couples prefer to have these documents created in a mutually agreeable process.

One unique aspect of collaborative law is that the parties cannot use or threaten to use the court system. If a party threatens a lawsuit, the collaborative law process terminates. As a result, the lawyers cannot further participate in the dispute.

Collaborative law processes also have the added benefit of being cost-efficient for the involved parties. The legal process is a unique and innovative approach to divorce.

Collaborative lawyers in this setting serve as advocates for their clients. They encourage communication between spouses, assist in negotiations and provide legal guidance throughout the process.

A collaborative divorce lawyer also works closely with other professionals, such as financial experts and divorce coaches. Together, they can ensure that their clients receive comprehensive support.

What sets the collaborative process apart is the commitment to avoiding litigation. Collaborative lawyers help couples navigate divorce’s emotional and legal complexities with respect and dignity.

What Is a No-Contest Divorce?

When a couple unanimously agrees on all aspects of their divorce, they can opt for a no-contest divorce. In these cases, collaborative lawyers make sure that all necessary legal documents are accurately prepared. They also assist in creating a divorce agreement that reflects the mutually agreed-upon terms.

With their experience in family law, a collaborative lawyer can help clients navigate the complexities of the necessary paperwork. They are here to protect their client’s rights and interests throughout the process.

Collaborative lawyers can be valuable in cases involving:

  • A division of assets
  • Child custody
  • Support arrangements

Can They Assist With Mediation?

Many times, mediation involves the presence of a neutral third party. During this process, a mediator assists divorcing couples in reaching mutual agreements.

Collaborative lawyers play an important role in preparing their clients for mediation sessions. They educate their clients on their legal rights and responsibilities.

Additionally, a collaborative lawyer will serve as a legal advisor throughout the mediation process. In all cases, they want to make sure that any agreements align with their client’s best interests.

When the mediation is successful, the collaborative lawyer formalizes these agreements into legally binding documents. They will also make sure that negotiated terms are enforceable.

What Happens in Divorce Arbitration?

Divorce arbitration is another option for couples who want to avoid going to court. In this case, the arbitrator makes binding decisions on contested issues.

Once again, the collaborative attorney helps prepare their clients for arbitration. They assist in:

  • Presenting their client’s case
  • Gathering and presenting evidence
  • Advocating for their client’s position during arbitration proceedings

While the arbitrator makes the final decisions, the collaborative lawyer keeps the process fair and equitable. With this approach, couples can resolve disputes while maintaining more control over the process than traditional litigation.

For divorces that don’t require court intervention, collaborative lawyers are highly skilled professionals who can help in the process. They can guide couples through various divorce pathways, including no-contest divorce, divorce mediation, and divorce arbitration. In turn, they can help their clients reach amicable, respectful and legally sound solutions to their marriage dissolution.

Reach Out To a Pennsylvania Divorce Attorney

Find a skilled divorce attorney to assist with spousal support, child custody and other issues. Contact the Law Office of Joanne Kleiner at 215-886-1266. Feel free to schedule a consultation to learn more about the options for your divorce case.

Oct 05

Who Should You Include in a Collaborative Divorce Team?

The average cost of a divorce in the United States is between $15,000 and $20,000. It can be less expensive both financially and emotionally when you and your spouse are committed to working out your issues to benefit all members of the family in a collaborative divorce. To make this possible, it’s a good idea to gather a collaborative divorce team to support you through the process.

Who Makes Up Your Collaborative Divorce Team?

Your collaborative divorce team is composed of several professionals who work together to help you and your spouse reach positive outcomes on the issues that remain to be resolved. They focus on the interests of all members of the family and work towards a solution that is satisfactory to both spouses and that protects the best interests of the children. These professionals can include:

  • Each spouse’s divorce lawyer
  • A collaborative financial professional who can explain all aspects of the couple’s finances and the consequences of financial decisions
  • A divorce coach to help spouses learn to communicate and negotiate amicably
  • A mental health professional who specializes in family issues and child development

Why Is a Collaborative Divorce Team Important?

As with any process, your support team is vital for success. In a collaborative divorce, this team is made up of professionals who can help you understand the different areas that are relevant as well as help you find solutions to any issues that you’re facing. The team should be made up of professionals who are knowledgeable about and committed to the collaborative process. They can help you find ways to better communicate with your spouse, focus on the needs of the children, and understand your legal and financial situation.

The Divorcing Spouses and the Collaborative Divorce Team

Both spouses are also active members of the team. The collaborative divorce process allows them to keep control of the outcome as they work their way to solutions that they both approve of. While each spouse consults with their own divorce lawyer, they also work together with the other team members and with each other to find a way forward. They can be creative in resolving issues and can ask their team members for clarification and specific support. Team members can help spouses look at different options available to them to help them choose the one that best fits the needs of their family.

The Importance of a Financial Professional

The financial choices made during a divorce will impact each spouse’s life afterward. For this reason, a financial professional can help the spouses understand their own financial status during and after the divorce and explain the different options they have and the impact of each choice, including tax consequences. Finally, they can help each spouse financially plan for their post-divorce future, creating realistic budgets and evaluating their future financial needs.

Supporting the Family Through the Process

Legal and financial issues are not the only factors in a collaborative divorce. The emotional impact will have repercussions for years to come. To assist with this side of the process, spouses can work with a divorce coach who can help them learn methods of positive communication and conflict resolution and understand the family dynamics, including the triggers that might lead to conflict. A divorce coach can also help the couple develop a custody plan and provide tools as the family transitions into the new normal.

Similarly, when the couple has children, a mental health professional focused on child development can assist the parents in maintaining the interests of the children at the forefront of the process and help them focus on what outcomes they want as a family for the future. They may even be able to meet with the children independently to help them address any feelings that they’re having.

Finding the right lawyer who is committed to the collaborative process is important for the success of your divorce. Joanne Kleiner can answer your questions and guide you through the process. You can contact us at the Office of Joanne Kleiner in Jenkintown at 215-886-1266 to make an appointment for an initial consultation.