Law Office of Joanne Kleiner

Amicable Divorce Attorney

Archives for November 2023

Nov 10, 2023

Getting an Uncooperative Spouse To Agree To Mediation

Mediation can provide many benefits for divorcing couples. However, if your spouse is not cooperating with the process, you might feel like it will not succeed. However there are things you can do to encourage your spouse to participate.

Organizing and Agreeing on Priorities

The mediation process encourages divorcing spouses to work together to resolve their issues. Each spouse might work with their divorce lawyer to prepare for the sessions. However, for mediation to work, each spouse must be willing to engage in amicable communication. If your spouse is reluctant to do their part, you might need to organize the priorities for your divorce so you can present these to them in the hopes that they will agree with them. You might look at what you both want out of and after the divorce and begin there. This might include plans for your family, your post-divorce relationship and your finances.

Keeping the Focus on the Family

If you have children, you will probably both be very concerned about how the divorce will affect them. The process you choose can have an important role in this. A court battle, which is often the result of a high-conflict relationship between the parents, can become lengthy and drawn out, with bitter recriminations between the parties. However, you might help your spouse to get on board with the mediation process by reminding them that this might protect the children from some of the negative effects of divorce. Some things you might want to say include:

  • Remembering that you both want to protect the children’s best interests
  • Creating a parenting plan that works for everyone in the family
  • Setting up a system of communication that minimizes conflict between the parents

Focusing on the Financial Impact of Divorce

Another way to gain your spouse’s cooperation with the mediation process is by discussing the financial impact of the divorce on both of you. If you cannot resolve your issues during the mediation process and you end up going to court, you are risking a longer, more expensive path. There are many costs associated with divorce, such as your lawyer, court costs and any other fees necessary as you work with different professionals to build your case. Additionally, you will also lose some of the control you have over the situation. If you both cooperate with your mediator to resolve your issues, you have a voice in the results. The process itself can be faster, potentially costing you less on lawyer fees, fewer trips to the court and saving you money on court fees.

Keeping it Amicable

If you want your spouse to participate willingly in mediation, you might want to work on your relationship, particularly if in the past you both found yourself fighting often. While it might take effort, you should approach your spouse amicably, letting them know that you are ready to hear their case and understand what they want from the divorce, showing them that your goal is not to win but to seek solutions that work for both of you.

Finding the Right Mediator

Finally, not every mediator is right for every case. Once you have managed to work out your communication issues and agree to your priorities for the divorce, you can begin interviewing mediators, seeking to find the one who is also aligned with your priorities. Your ideal mediator should have experience working with couples in your situation, where one might be reluctant about the process. They should be willing to help guide the couple to communicate so they can find fair, balanced solutions to their issues.

Even during the mediation process, you can benefit from the support of a divorce lawyer who can help you organize your case, prepare for negotiation sessions with your spouse and the mediator and explain how the laws regarding divorce work. You can call The Law Office of Joanne Kleiner in Jenkinton at 215-886-1266 for a consultation and begin preparing for the mediation process.

Nov 06, 2023

Benefits and Challenges of Divorce

In the United States, over 34% of marriages end in divorce, according to one study. This can have both positive and negative consequences for you and your family. Here are the pros and cons of divorce.

The Advantages of Divorce

While a divorce is a life-changing event, it can provide a few benefits:

More Freedom

One of the biggest benefits of a divorce is that you will have more independence and freedom. If you had put your desires and goals on hold, now is the time to start making choices that benefit you. For those who have been suffering in a stifling marriage or experienced a power struggle, divorce can feel like a liberating experience.

Escape From an Unhealthy Relationship

Sometimes, marriages can be toxic or abusive. Often, one spouse cannot see any other way out than to file for a divorce. In these instances, a divorce can improve physical and mental health. Living with someone who is both emotionally and physically abusive can take a toll on your health and wellness. Divorce is one way to break free from the cycle of abuse.

Personal Growth Opportunities

After a divorce, it may be time for personal growth. In turn, that can lead to more self-esteem and a better understanding of yourself. During a marriage, some partners will conform to their spouse’s desires or put their journey of self-discovery on hold. With a divorce, you will have the chance to rediscover your one true self.

Improved Finances

Most of the time, divorces can lead to financial struggles, but that is not always the case. Sometimes, it can improve a person’s financial stability. A divorce may be one way to work toward financial independence. However, before taking the first step in this process, you might want to consult a divorce lawyer to learn more about your financial situation.

Provide a Better Environment for Children

When children hear their parents argue or become physically violent, it is not a safe environment for them. Witnessing these instances can be stressful and traumatic. With a divorce, the children can have a more peaceful and stable place to live. Children can feel more secure in a space when they are not in the middle of constant conflict.

The Disadvantages of Divorce

Unfortunately, there are plenty of cons of divorcing. Often, individuals are not prepared for how this process can affect them. Some of the disadvantages include:

Emotional Stress

Many times, divorce will lead to emotional stress. In some cases, that can mean depression, anxiety or other mental health problems. Unfortunately, some individuals will struggle with these challenges, especially if the case is difficult to settle. Without seeking help, these stressors can impact a person’s overall well-being.

Financial Challenges

For some, their financial situation may improve. However, that is not always the case. Some individuals may have serious economic issues, especially after the asset division or legal fees. A divorce means that there are now two separate households. That financial burden can often affect both spouses and their children.

Impact on Children

If there were any incidents of abuse, a divorce can be beneficial for children. However, that does not mean they will not face emotional challenges. Many times, the relationship between the parents and their children can be strained. They may feel loyal to one parent over the other. Sometimes, the child may feel like they have to assume a new role in the household.

Social Stigma

While divorce is acceptable, there are still some communities where a divorce can lead to social judgment. The failure of a marriage should not be seen as a personal failure. Instead, it may have been the case of two people who were incompatible with each other.

Contact a Divorce Lawyer

At the Law Office of Joanne Kleiner, we are dedicated to guiding our Philadelphia-area clients through the divorce process with empathy and professionalism. We understand that these events can have their pros and cons. For that reason, we have a supportive team ready to assist with this process. You can contact the Law Office of Joanne Kleiner at 215-886-1266 for a consultation about your divorce case.