Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Archives for March 2024

Mar 09, 2024

What is a Collaborative Divorce Participation Agreement?

In 2022, approximately 29,000 Pennsylvania marriages ended in a divorce, a slight decrease from the previous year. While some of them ended up being litigated, you might prefer a no-court option, including collaborative divorce. An important step of this process is the collaborative participation agreement, which outlines what the spouses are committing to, how it will work, and that both spouses and their lawyers will sign before the process begins.

The Collaborative Divorce Process

When couples choose the collaborative divorce process for their divorce, they opt for an alternative conflict resolution method that keeps them out of court and encourages them to work together to resolve their issues. Each spouse works with their divorce lawyer, but neither pursues litigation. They all sign an agreement that establishes their commitment to the process. Court divorces can be time-consuming and expensive, but a collaborative divorce can help couples reach solutions faster, therefore saving them time and money. Some of the issues couples can resolve in a collaborative divorce include:

  • Child custody and support
  • Alimony
  • Division of marital property

Spouses Have to Commit to the Collaborative Process

Before it all begins, the spouses and their lawyers sign the collaborative participation agreement, which commits them to having open, honest cooperation to resolve their issues together. It is the document that shows that both spouses are entering into this type of process in good faith, to resolve their issues through positive communication and want to avoid the additional tensions that a court divorce entails. However, in the agreement, the spouses usually also agree to provisions that address the possibility of being unable to resolve all issues, as the process itself is voluntary. On the other hand, the agreement also includes language that shows both parties are committed to seeking a resolution of their issues without litigation. Finally, it contains provisions regarding the use of third-party experts when necessary, such as accountants, financial professionals, therapists and others, who might provide a variety of support services.

The Collaborative Participation Agreement Can Protect the Children

Children can be an important part of the divorce process. However, protecting them from the effects of the marital conflict is a high priority for their estranged parents, particularly as they look out for the best interests of their children. For this reason, divorcing spouses might include information about insulating the children, as much as possible, from their conflicts and differences, and parents can commit to this through the agreement. This might include a promise to not seek a child custody evaluation without the consent of the other parent. The collaborative process encourages parents to seek child custody solutions unique to their family situation.

What Other Issues are Addressed in the Collaborative Participation Agreement?

Even the spouses who want to avoid court might find themselves struggling to resolve their issues through the collaborative process. Since the entire process depends on both spouses being on the same page about resolving issues amicably, there might be cases where either one or both spouses decide to back out. To address that situation, couples might add a variety of points in their agreement, including:

  • The process for canceling the collaborative process if either spouse is no longer committed
  • How to handle any misrepresentation or withholding of information from the other party
  • Language preventing either divorce lawyer from representing their client in court if the collaborative process ends

If you are looking for a no-court option for your divorce, you will need a lawyer who has experience helping their clients resolve their issues without litigation and helping them reach a fair, balanced settlement. You might find the answers you seek by calling the Law Office of Joanne Kleiner at 215-886-1266 to schedule a consultation at our Jenkintown office.

Mar 05, 2024

Debunking Common Myths About Divorce Mediation

Roughly half of all marriages in the United States end in divorce, and divorce rates are higher among those over the age of 55 compared to all other age groups. While a divorce might have to be resolved in court, it’s possible to do so through mediation. However, it’s important to understand exactly what the process entails so that you can make the most of your time and money spent there.

Not All Mediators Are the Same

It’s true that the mediator that is retained will serve as a neutral party who seeks to facilitate a conversation. However, your mediator’s background will play a significant role in how your case plays out. For example, if you and your spouse are struggling to resolve issues related to property division, it may be best to find a mediator who has experience in the financial sector.

If you’re struggling to resolve issues related to child custody or support, it may be best to work with a child psychologist. Of course, there are mediators who simply serve as neutral parties with no specific professional background.

Mediation Isn’t Just a Way to Save Money

Mediation is often thought of as a process that low-income people use to save money during the divorce process. However, the truth is that anyone can benefit from mediation regardless of their financial status. This is because people of all income levels generally experience the same emotions or have the same general desire to end their marriage as quickly and equitably as possible. Parents also tend to have the same urge to protect their children regardless of how much money they have, and mediation can be an effective way to shield kids from the toxic side of divorce settlement proceedings.

You Don’t Need to Agree for Mediation to Work

Many people believe that mediation only works if you are on the same page about key issues. Of course, if you were on the same page as your spouse, there would likely be no need for mediation at all. In fact, there is a good chance that you would still be together if everything was going smoothly within the relationship.

Mediation allows you to express yourself openly and honestly without feeling judged by your spouse or anyone else in the room. In many cases, the ability to engage in such a manner makes it easier for each side to drop their guard and negotiate in a collaborative manner.

It’s important to understand that the mediator’s role is to anticipate power dynamics within a relationship and work to neutralize them. This means that your spouse won’t be able to use the fact that he or she earned all the money in the marriage as a tool to get you to agree to a bad deal.

There Are No Winners or Losers

You may think that your gender, economic status or other variables might preclude you from getting a fair deal in a mediated settlement. However, the truth is that the mediator will work with both sides to ensure that each person walks away with what they need.

Ultimately, the goal is not to win or lose the negotiation. Instead, the goal is to simply express yourself and to work in good faith with your spouse and the mediator. It is important to note that mediation probably isn’t in your best interest if you or your spouse aren’t interested in reaching a consensus.

Instead, it may be in your best interest to hire a divorce lawyer and head straight to court to have outstanding issues resolved by a judge. However, it’s not uncommon for one or both parties to initially take a cold or condescending approach to mediation before eventually softening over the course of a session or over the course of multiple sessions.

If you are in need of a Pennsylvania divorce lawyer who has experience with the mediation process, don’t hesitate to contact the Law Office of Joanne Kleiner today. You can do so by calling the Montgomery County office at 215-886-1266 or by sending a fax to 215-886-2670.