Law Office of Joanne Kleiner

Joanne Kleiner

Nov 12

Divorce and your medical practice

The Impact of a Divorce on Your Private Medical Practice

The divorce rate among all physicians is 21.8%, which is lower compared to many other occupations. Scientists theorize that physicians marry later and spend more time choosing their spouses. However, when your marriage has come to an end, and you’re a practicing physician who owns a medical practice, speaking with a divorce lawyer will help you know how to protect your reputation, finances, professional reputation and future.

Evaluation of the Medical Practice

You will have some questions to address during your initial consultation with a divorce lawyer. These relate to the evaluation of your medical practice. Your lawyer may inquire about when the practice began to determine if you had it before your marriage or started it after your wedding. You may also need to answer questions about the type of entity your practice is under IRS regulations, how you funded the practice, whether or not there are co-owners and if shares were issued, if there is a buy/sell agreement in place, and if there are future vesting or stock options that others would be entitled to if you were to stay married. Remember that your soon-to-be ex-spouse may hire a forensic accountant to dispute your accountant’s findings.

Determine the Practice’s Assets and Liabilities

As the owner of a medical practice, you will want to work with a forensic accountant to categorize its assets and liabilities, and your divorce lawyer will need this information. This will include the list of long-term patients, office equipment, the building if you own it, accounts receivable and furniture. Your medical practice’s liabilities include rental or mortgage payments, equipment payments, taxes, payroll, insurance, retirement contributions, employee benefits and loans.

Evaluation of Your Income From the Practice

Working with a forensic accountant will also help determine if you’ve been getting a fair income from your medical practice. Many physicians only take a small salary and reinvest their earnings into their practice. The accountant may evaluate your income compared to other physicians within the same field and your income compared to other physicians who work in the same specialty and have the same level of experience.

Regulations Pertaining to the Ownership of Medical Practices

According to Pennsylvania law, only a physician can own a medical practice or be a shareholder in one. Because of this, your non-physician spouse can’t be awarded any ownership interest in the practice in your divorce settlement. Therefore, while the court will consider the value of the practice when approving the settlement, ownership will not be on the table.

Contracts Between Physicians Within the Practice

Another consideration for the future of your medical practice after a divorce is the terms of the contracts you have with other physicians in the practice. Some medical practices have contract stipulations requiring that if one member gets a divorce, they forfeit their stock. This stipulation is for the protection of the other members. Some contracts might allow you to repurchase your stock after a certain period, but this could allow your ex-spouse to protest the settlement and take you back to court.

If you’re a practicing physician and a divorce is in your future, a consultation with a lawyer could help you understand how divorce could impact your medical practice. For more information about the impacts of a divorce on your medical practice, schedule a consultation with the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania by calling us at (215) 886-1266. Our quick contact form also enables you to request a consultation. Complete and submit the form, and an office associate will be in touch with you.

Nov 04

Planning for collaborative divorce sessions

What You Need To Know About the Collaborative Divorce Process

In the United States, the typical duration of a marriage that ends in a divorce is just eight years. Many people have heard horror stories about long, stressful divorce processes that end up with the airing of dirty laundry and much frustration in court, but working with a collaborative divorce lawyer could reduce the level of stress and the amount of time that it takes to end a marriage. Before you choose a collaborative divorce attorney, here are some questions to ask.

Will You Consider What my Spouse Wants in the Divorce Settlement?

This type of question gets to the heart of collaboration versus cooperation. A collaborative process ensures that the other person’s goals are met, even when those goals don’t match yours. Collaboration is more difficult than cooperation. It’s about mutual benefits and common goals. By the end of a marriage, many couples have few goals in common. However, some common goals might include ensuring what’s best for any minor children or protecting meaningful assets, such as the family home. A collaborative process requires both parties to respect each other’s goals and concerns and to understand that no agreement will be reached until both spouses meet their personal goals.

Can Divorcing Spouses Really Collaborate on the End of Their Marriage?

An attorney who has experience in collaborative law understands the differences between positions and interests. Positions relate to insisting on a specific result. Some would call this “a line in the sand.” Interests involve keeping an open mind about different options that meet one’s needs. Collaborative attorneys counsel their clients to explain their interests and avoid taking positions.

Do Collaborative Divorce Lawyers Work Well With Other Professionals?

Most collaborative divorce attorneys will work with other professionals who are advising their client or the other spouse during the divorce process. For example, the client might work with a financial advisor for clarification regarding financial concerns about spousal or child support, retirement, or avoiding bankruptcy. The financial professional could provide advice on structuring the settlement of the divorce in order to meet each spouse’s financial needs and goals. Collaborative divorce attorneys may also work with child therapists or psychologists who represent the child’s voice and perspective.

What Types of Collaborative Training and Experience Do You Have?

Collaborative law isn’t taught in every law school. An attorney who practices collaborative law often learns these techniques through professional associations or affiliations with specific groups. These groups offer ongoing training and educational opportunities. You may want to ask the attorney how many collaborative divorce cases they have worked on and how many of those cases were settled through collaboration versus how many of the cases went to court.

Do You Belong to Any Collaborative Law Groups?

The law evolves over time, and psychologists, legal scholars and other professionals frequently develop new techniques for successful collaborations between conflicted parties. A key way for a collaborative divorce lawyer to keep up-to-date on evidence-based collaborative processes is through a professional group affiliation. In Pennsylvania, many such groups exist. For example, the Central Counties Collaborative Law Community is a group consisting of licensed attorneys, psychologists, financial professionals and others who work with divorcing couples on collaborative agreements.

When a divorce is in your future, a collaborative process may reduce the stress on everyone involved. A consultation with divorce lawyer provides you with the information you need so you can make an informed decision about the legal process. To schedule a consultation with the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania, call (215) 886-1266. You may also fill out our contact form, and an office associate will contact you.

Oct 09

What Are the Types of Divorce and the Litigation Alternatives?

Are There Alternatives to a Divorce in Court?

In 2020, 58,960 couples got married in Pennsylvania, and 28,884 got divorced. Many people are hesitant to proceed with a divorce because of how they perceive the attention, expense and stress of the process. If you’re considering a divorce, a consultation with a divorce lawyer will help you understand the alternatives to a costly, time-consuming and public divorce in a courtroom.

Collaborative Divorce

If you and your spouse are on good terms, a collaborative divorce offers an effective way to end the marriage. It’s designed to reduce the cost and stress of the divorce process. Both parties work with their individual divorce lawyers to resolve issues without the court having to decide for them. In some cases, such as child custody, the parties might work with other professionals in order to work through disputes. The final settlement comes from the decisions made by the two parties and their lawyers. A judge then signs and enters the final settlement into the public record.

Mediation With a Third Party

When you want to stay out of court as much as possible but you and your spouse also have a wide range of disagreements, working with a mediator may be your best option. When you choose this process, a neutral party works to resolve disputed issues. Mediation is common for helping couples make agreeable decisions on spousal and child support, child custody, pet custody and the division of assets.

The mediator doesn’t represent either party. They also don’t make any of the decisions. They simply facilitate communication with the goal of reaching a settlement as quickly as possible. If you choose to use a mediator, you and your spouse will each want to have an attorney. Mediation costs less than having attorneys argue for you in court, and it also gives you more control and privacy over the divorce process.

Arbitration

Using arbitration is another effective option when you and your spouse want to keep your business out of the public courtroom. This process features a private trial in which one or more arbitrators function as a judge. The arbitrators typically have several years of legal experience, and they may be attorneys who do this on a full-time or part-time basis. This type of alternative dispute resolution allows you and your attorney to present your case.

The hearing isn’t as formal as what takes place in a courtroom. Less evidence is required than what a judge would mandate in court. After a hearing, the arbitrator decides on the issues. One or more issues may be discussed at each hearing. The decisions made by an arbitrator can be non-binding or binding.

Using an arbitrator costs more than a mediator or the collaborative process, but it’s less time-consuming and expensive than handling these disputes in court. The downside of using an arbitrator is that you and your spouse lose control over the decision-making process.

Choosing an Alternative to Divorce

Many divorcing spouses start with a collaborative process. If you don’t make any progress on resolving your disagreements, you can then move on to another option, such as a mediator. Working with a mediator doesn’t prevent you from moving on to an arbitrator if the mediator can’t resolve the areas of disagreement.

Some divorcing spouses work their way through all of these court alternatives in order to reduce the cost, stress and publicity surrounding a traditional divorce process. No matter which type of divorce alternative you consider, consulting with an attorney helps you know what to expect and ensures that all documents are in order and filed with the court in a timely manner.

When you’re considering a Pennsylvania divorce, you may benefit from an appointment with attorney Joanne Kleiner. Contact our office in Jenkintown at (215) 886-1266, or fill out our contact form, and an associate will contact you with scheduling options.

Oct 05

Why Divorce Mediation May Be a Better Option for You

Why Divorce Mediation Works for All Parties

As of 2022, the median cost of a divorce in the United States is $7,000. Contested divorces with a wide range of disagreements require court settlements that may cost upwards of $20,000. Instead of dealing with the publicity, expense and long duration of a court battle, you may be able to work out areas of disagreement through divorce mediation. In addition to hiring a divorce lawyer to represent you, working with a divorce mediator helps you protect your long-term financial security and your short-term and long-term well-being.

What Does a Mediator Do?

A mediator acts as a neutral third party in order to manage the discussion and conflict between the estranged spouses. The goal of a mediator is to resolve disputes in a way that satisfies the interest of both partners. When people feel respected and listened to, they’re more likely to compromise and make fair and thoughtful decisions. Mediators would equalize the playing field and power level, even if there were a significant imbalance during the marriage.

How Is a Mediator Different from an Attorney?

A mediator has training and skills in resolving problems and managing conflicts. They help create agreements and use creative problem-solving skills to negotiate terms. A mediator starts by identifying where two parties agree. Then, they progress to determining and isolating the areas of disagreement and resolving them in a step-by-step, logical matter. Finally, the needs of both parties are acknowledged as essential and treated equally between the two parties.

An attorney has to represent their client with vigor. They work in competition with the opposing party in an adversarial environment. Attorneys use legal procedures to resolve points of conflict. Attorneys typically have an assertive problem-solving style, while mediators focus on cooperation.

What Are the Advantages of Choosing Divorce Mediation?

When you choose the process of divorce mediation, the settlement is in your control. When you retain control, you feel more at ease and less stressed. You can focus on settling areas of disagreement instead of negative feelings about your ex-spouse. Because you and your ex-spouse directly work with the mediator to create the settlement, both parties are more likely to uphold it. As a result, mediated divorces are more successful and less likely to end up in court.

A mediator charges less per hour than a divorce lawyer. When you and your estranged spouse have a lot of areas of disagreement, fighting it out in court could get expensive. Working it out with a mediator won’t cost as much, and you’ll be able to start your new life on a better financial foundation. In mediation, you have a cooperative mindset, while litigation creates an aggressive and belligerent attitude.

Working with a mediator keeps your business private. If you don’t want the public to know all of the details of what went wrong in your marriage or who gets what in the settlement process, working with a mediator preserves more of your privacy. Discussions with a mediator are private and confidential.

Working with a mediator reduces their burden if you and your spouse have minor children. They may not experience the anxiety and fear that come with a contested divorce that goes to court. When the two of you aren’t fighting and arguing about everything, you can focus your emotional energy on your child’s well-being and emotional health, as well as yourself. Mediation also shows responsible behavior and models the ability to have calm, productive discussions with a person, even if you don’t like them. Children are less likely to feel like pawns in a divorce when their parents work with a mediator.

If you are thinking about ending your marriage in a less-stressful manner, contact the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania at (215) 886-1266 to schedule a consultation. You may also fill out our contact form, and an office associate will promptly contact you to set up an appointment.

Sep 09

Facilitating an Uncontested Divorce Through Mediation

Divorce lawyers often recommend mediation when there is any hope of achieving an uncontested divorce as it leads to an agreement in upwards of 80% of cases. The average mediation is completed in three to six months whereas the average contested divorce is far lengthier. In addition, the cost of a traditional divorce can be 10 times higher than the cost to have your divorce mediated.

Qualifying for an Uncontested Divorce in Pennsylvania

If you would like a “no court” divorce, you must meet three criteria. At least one of you – you or your spouse – must be a resident of Pennsylvania for no less than six months before filing. Both spouses must agree on whether the case involves fault grounds or no-fault grounds. Many uncontested divorces are filed based on the ground of mutual consent, which has some special requirements that your mediator can assist with, such as affidavits and a 90-day waiting period. Both spouses must also agree on the issues in the divorce, and this is where a mediator can be especially helpful.

Agreement on Divorce Issues

Even if the spouses have a good relationship and fully intend to compromise with each other, reaching agreements on all the issues that need to be resolved can be difficult. The mediator does not represent one spouse or the other but, rather, guides both parties through this process. This includes determining how to divide marital property, how to allocate responsibilities for outstanding debts, whether one spouse will pay alimony and the amount, child support for dependent children, and child custody and visitation. While the mediator does not represent either party, both spouses can opt to have their own legal representation whose job it is to preserve their client’s rights.

Preparing, Filing and Serving Uncontested Divorce Papers

Paperwork must be completed and filed to begin the uncontested divorce process. Some Pennsylvania counties have their own forms as well, and your divorce lawyer can help ensure that all necessary documents are prepared and filed. The lawyer will also help you determine where to file. Typically, you should file in the county where your spouse resides, but that may not be the case if a couple is separated, or where they live presents issues. Once the documents have been filed, the divorce papers must be served to each spouse, which is an official process that the firm can oversee as well.

Uncontested Divorce Time Frame

As mentioned above, the average traditional divorce involving the courts takes 24 months. A mediated divorce will usually take at least three months as there is typically a 90-day waiting period requirement. It is unusual for a mediated divorce to take longer than six months to finalize.

Uncontested Divorce Expenses

There are costs to file with the courts, which are usually $200 to $300. The cost for mediation is typically $1,500 to $4,000 per person. There may be additional legal fees if you opt for personal representation. There can also be some additional expenses if you have to, for instance, make changes to retirement accounts. The average cost per person of a divorce that requires litigation is $20,000, and there can be many additional expenses as the case extends for months or even years.

Other Benefits of Divorce Mediation

Divorce mediation puts your children first as it creates a harmonious family environment and eliminates the need for them to take the stand. It lets you shape the divorce to the specifics of your family. It is much less stressful and protects your privacy as you are not exposed to public court cases.

Divorce Mediation in Pennsylvania

If you’re considering divorce mediation, the Law Office of Joanne E. Kleiner is here to help. Our law firm has more than 25 years of experience helping both men and women get divorced and move forward with their lives. If you would like to schedule a consultation with a divorce lawyer, you can contact our Jenkintown office online or call us at 215-886-1266.