Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Archives for July 2024

Jul 14, 2024

When Only One Spouse Wants A Divorce

What Happens When Only One Spouse Is Ready for Divorce?

Divorce rates have consistently declined in the United States over the last few decades, and Pennsylvania currently has one of the lowest ones in the country. However, not all couples wish to remain married, and sometimes, only one person wants to proceed with the divorce. This situation can complicate things, but in the end, if one person wants a divorce, they will be able to acquire one.

Each Spouse Has Their Own Journey

Both spouses rarely decide on divorce at the same time. Usually, one spouse might consider it first, but the other spouse might not agree immediately. Some couples might choose couples therapy to work on their relationship. When couples are in opposite emotional places—with one set on divorce and the other focused on the marriage—they might choose a short-term therapy called discernment therapy. There are few sessions to this type of therapy, and the therapist meets with the couple and then with each person individually during each session. By the end of the process, the spouses decide on whether they want to continue or not. The goal of discernment therapy is that each spouse gets to know themselves better and that each gains a deeper understanding of their marriage so they can be more confident in deciding where to go from there.

When Only One Spouse Wants to Move Forward With the Divorce

Even after therapy, only one spouse might be ready to move forward with the divorce, so they may face resistance from the unwilling spouse. That resistance might be expressed in different ways, all of which could affect the process. Some of the ways a spouse’s reluctance may manifest include:

  • Agreeing to the divorce and then not going through with anything requested of them
  • Using emotional manipulation and threats to attempt to control the other spouse
  • Acting in a loving, supportive way, hoping for a reconciliation then lashing out in anger when the reconciliation does not happen

Approaching an Unwilling Spouse

If you anticipate that your spouse will be reluctant to pursue a divorce, you need to figure out the best way to approach them. Understanding why you are choosing to end the marriage will be difficult for them, but showing them compassion from the beginning can help them eventually understand your decision and, in turn, realize that the marriage is over. However, you need to also be sure that divorce is the path you want to take, as you will need to be firm when you do speak to them about it. Before you have the conversation, be prepared to explain why you want the divorce while remaining respectful of your spouse and their feelings.

Choosing a Non-Adversarial Divorce Process

One of the ways you can show your spouse that you have compassion for their situation is by choosing a non-adversarial divorce process. Not all divorces have to be long, drawn-out court battles. Once you have decided to move forward, you should speak with a divorce lawyer about your choices. You have several options to choose from that allow you and your spouse to keep more control over your decisions in a more private setting, which can help when the other spouse might still be unsure about where the marriage is heading. Some of these options include:

  • Collaborative divorce
  • Divorce mediation
  • Divorce arbitration

These alternative dispute resolution options can help you avoid litigation. Your divorce lawyer can invite your spouse to begin the process and advise about what to do if they are still reluctant and combative about the process.

Finding the Right Attorney Is Important

Divorce is complex even when both spouses agree to move forward with it. Finding the right attorney is important. You should find a Pennsylvania lawyer who will listen to you about your situation and your desires for the process and beyond, who will explain your options carefully and advise you as to the ones that will meet your needs. At the Law Office of Joanne Kleiner, you can find the compassion and guidance you seek. Call us today at 215-886-1266 or use our contact page to set up an appointment at our Jenkintown office.

Jul 10

When You First Meet With Your Divorce Attorney

Meeting Your Divorce Attorney: The Initial Consultation

The stress associated with divorce causes many to dread the first encounter with their divorce attorney. Even if it’s the right decision for everyone involved, it’s still hard to get through the process. There were nearly 700,000 divorces reported in the U.S. in 2022, so you don’t have to feel alone in this struggle.

But meeting with a divorce lawyer doesn’t have to be scary or stressful. Before you step into our office for the first time, it may be helpful to learn what you might expect from the experience.

Potential Conflicts of Interest

The first thing that generally happens before the initial consultation is a conflict of interest check, but there’s no need to feel singled out by this. It doesn’t mean our office has anything against you. This is just standard practice as a way to make sure that there are no situations that would make it impossible for us to represent you in court.

The conflict check may be done by another member of the staff at the divorce attorney’s office. Provided there aren’t any issues, our office will reach out to make an appointment.

Meeting for the First Time

At this first meeting, you’ll want to make sure you’re ready to talk about your situation both emotionally and mentally. It’s helpful to both the attorney and you if you have all the facts straight beforehand.

This first meeting should feel more like a conversation than an interrogation, but you will likely be expected to do most of the talking. Your potential attorney will want to learn everything they can from you, so prepare for a lot of questions.

Some information may be reviewed multiple times and from different angles to ensure that a complete and accurate picture is portrayed. This is all so the attorney has everything they need to know about the circumstances in your situation to build the strongest case possible.

All About You

The attorney will probably start with basic personal information like your address and how to get in touch with you. They will then move on to your background as it pertains to this family law matter.

You’ll be asked about when you got married and if you and your spouse have any kids together. Your attorney will want to know their names and how old they are.

Next, you’ll talk about where you and your spouse work and how much money you both make. The attorney will ask about any liabilities and assets that you both have.

Assets encompass things like vehicles, stocks, bonds and accounts including retirement. Liabilities encompass student loans, mortgages and credit card debt. You’ll need to know how much you have in each account. Your lawyer will also ask about your current income.

Be prepared to talk about any prenuptial agreements that were made. Your potential lawyer will ask if there were any assets held by you or your spouse before you got married and that you still retain. They will also need to know whether either of you inherited money at some point while you were married.

Potential Problems

You’ll then discuss the obstacles that your case presents. Custody and parenting time are common examples, along with the associated money matters of child support and alimony. There’s also the cost of college tuition and the myriad other expenses that come with it.

Your attorney will run you through the property division principle of equitable distribution when it comes to your real estate, bank accounts and liabilities. You’ll also discuss the potential need for an expert witness to help build a strong case.

Alternate Dispute Resolution

You may talk about alternative ways to resolve the dispute. These include collaborative divorce, arbitration and mediation. Your lawyer will explain the advantages and disadvantages of each when compared to standard courtroom divorce proceedings.

If you do decide that traditional litigation is best for you, your divorce lawyer will then give you a breakdown of the judicial procedures to expect, how long the process takes and important dates to keep in mind.

Finally, you’ll also talk about the financial aspects of working with the attorney. These include the method of payment, how much they charge per hour, the initial retainer and the frequency of billing.

Call the Law Office of Joanne Kleiner at 215-886-1266 for a Pennsylvania divorce attorney who will work with you through every step of the way. You can also visit our office in Jenkintown at 261 Old York Road, Suite 402.