Law Office of Joanne Kleiner

Joanne Kleiner

Jan 07

How Long Does a No-Contest Divorce Take to Complete in Pennsylvania?

What Is the Timeline for a No-Contest Divorce in Pennsylvania?

Since 2019, divorce rates have been on the rise. According to Business Insider, the physical, mental and emotional stresses of a nearly two-year-long COVID-19 pandemic are wearing on people, with those 27% of marriages in people age 20 to 24 ending in divorce in 2020. When two people want to end their marriage quickly and without a long court battle, a no-contest divorce may offer an ideal timeline for both parties.

Choosing a No-Contest Divorce

A no-contest divorce is different from a no-fault divorce. In a no-fault divorce, you and your ex-partner agree that you’re incompatible for marriage and neither party is to blame. A no-contest divorce means that you and your ex-spouse agree on the grounds for the divorce. Both a fault and a no-fault divorce can be uncontested in Pennsylvania.

Filing a Summons

The first step in a no-contest divorce is filing a summons. The summons is filed in court and to your spouse. The partner who receives the summons is called the defendant. The defendant has 20 days to respond to the summons. As soon as they accept and sign the affidavit, your divorce lawyer may immediately file divorce papers with the court. If the defendant doesn’t respond within 20 days, you as the plaintiff can have your attorney file for divorce in court.

Using a Notary Public

If the defendant doesn’t plan to contest the divorce, they can sign the affidavit in front of a notary public. You can sign the papers at the same time, then your attorney can file them with the court. This may be faster than using a summons if you and your ex-partner agree to a no-contest divorce.

Pennsylvania Waiting Period

Pennsylvania law requires a 90-day waiting period in lieu of the one-year waiting period. To do this, both parties must agree on all issues before the filing and before the papers are handed to a judge. You and your ex-spouse agree to not contest any issues, including child custody, spousal or child support or the division of property.

Filing for Divorce in County Court

The next step in a no-contest divorce is filing papers with the county clerk where the plaintiff resides. Once papers are filed with the court, the timeline is out of your hands, your ex-spouse’s hands and your attorney’s hands. Some counties have busier family courts than others. In general, it may take a family court judge six weeks to six months to read, approve of and sign the papers after the completion of the 90-day waiting period. Your attorney may have an idea of the court’s current caseload at the time of your filing, and they may be able to give you a more accurate estimate of how long it might take the judge to sign your paperwork.

Court Appearance

You will receive a letter with a court date regarding your no-contest divorce. You must appear in person to sign the documents in front of the judge. It’s a good idea to have your divorce lawyer present at this court proceeding to review the paperwork and make sure everything is in order. This court appearance is typically brief, although you may have to wait for other cases to be processed during the court’s operational hours.

Remarriage

Although remarriage might be the last thing on your mind after a divorce, you may want to know if there’s a waiting period for it in Pennsylvania. In Pennsylvania, there is no waiting requirement for remarriage after a divorce.

Anyone considering a no-contest divorce in Pennsylvania should speak with a divorce lawyer for additional information about the process and to determine whether or not it’s the best course of action. Knowledge of the typical timeline for this process will help you plan for your personal and financial future. To schedule a consultation with the Law Office of Joanne Kleiner, call 215-886-1266, or fill out our online form to be put in touch with our Jenkintown divorce attorney.

Jan 03

Is Your Mediation Agreement Legally Binding?

Are You Legally Required to Abide by Mediation Decisions?

More and more divorcing couples are choosing to get mediation instead of arguing in court. If you have tried or are considering trying mediation, it’s helpful to know just how legally binding the process is. Here is what you need to know about whether or not divorce mediation is legally binding.

Are You Legally Required to Get Mediation?

In most cases, mediation is entirely optional. People usually decide to get it when they want to divorce and keep things as amicable as possible. However, usually, you have the right to forego mediation if you don’t think it will work for your situation.

There are a few exceptions to this rule though. The court can order a couple to enter mediation if they think that would benefit the family. This is a special type of mediation called court-ordered mediation. If you have court-ordered mediation, you are legally bound to show up for your mediation sessions. You don’t necessarily have to be talkative during the session, but if you skip it, you could be found in contempt of the court.

Another reason you might be legally bound to go through the mediation process is if you signed a prenup saying you would. Many prenuptial agreements include a clause that says you have to go into mediation if you want to end the marriage. Skipping mediation at this point could result in civil lawsuits or other penalties.

Do You Have to Follow the Mediator’s Recommendations?

During your mediation session, the mediator will hear both sides of the story. You and your ex can get a mediation lawyer to present your case and explain the solution you want. After hearing all the facts, your mediator might make suggestions for how you should proceed.

Keep in mind that the mediator is not a judge. What they say is not a final ruling that you are legally bound to follow. Instead, the mediator is just there to guide the discussion in a proactive manner. Whether or not you choose to follow any suggestions from the mediator is up to you.

Which Mediation Documents Are Actually Legally Binding?

The process of just talking with a mediator is not legally binding. However, usually, the whole point of mediation is for you and your ex to create a legal document that you both agree on. Depending on your circumstances, your mediation attorney might prepare documents like child custody arrangements, asset transfer agreements, or child support schedules.

Unless your mediation is court-ordered, you have the option of walking away without signing any documents. It’s very important to only sign legal agreements in mediation if you agree with them. Once you sign them, they are just as legally binding as any child custody or asset division settlement your divorce lawyer helps you get in court.

What Should You Do If You’re Not Happy With Your Mediation Outcome?

You cannot just shrug and quit paying your child custody because you sorted it out in mediation instead of in court. However, that doesn’t mean you are stuck with your mediation agreement forever. Just like any other legal agreement, you might have options to contest or appeal the decision.

In some cases, you can argue that the mediation contract is not valid due to irregularities such as being signed under duress. Mediation usually isn’t recommended for couples dealing with domestic violence, because one can intimidate the other into signing something unfair. Another option for changing your agreement is petitioning the court for an adjustment. Since some agreements, like child support, are ongoing, you can alter them when circumstances drastically change. This means that things like getting a new job or moving may let you make some changes to your mediation agreement.

If you’re considering mediation, the Law Office of Joanne Kleiner is here to help. We are happy to offer mediation and explain how it works. And if you’re unsatisfied with a previously mediated agreement, our divorce lawyer team can help you explore your options further. Call our Jenkintown office at 215-886-1266 or fill out our online contact form to learn more.

Dec 06

Is it Possible to Involve a Child Psychologist in a Mediation Session?

Can Child Psychologists Be Involved in Mediation?

Divorce is never easy, and it’s even harder when children are involved. However, this difficult process is made easier when you understand what’s permitted and what isn’t in a mediation. If you’re considering involving a child therapist or psychologist in a mediation, it’s helpful to know exactly what the process will look like and how these types of professionals can work to your advantage.

If you’re feeling unsure about how to approach finding the right mediator, it might help to focus on what the purpose of mediation is. The mediator’s main job is to assist both parties in making critical choices about their custodial situation with their children moving forward.

Mental health professionals are particularly well-suited to identify the needs of both parents and children. They will help bridge any communication breakdowns and get everyone to work together towards a common goal.

Benefits of Involving a Mental Health Professional

There are numerous benefits to going the mediation route as opposed to other divorce options, and when a mental health professional is involved, you’re ensuring that you get the most out of it. It’s a great way of ensuring your children are taken care of. In cases of domestic violence and child abuse, it’s best to have someone who is professionally trained in those types of issues.

Mediation is a great choice when parents don’t want to lay blame on one another and those who aren’t seeking revenge. If you simply want to move on with life and do what’s best for everyone involved, mediation is probably right for you.

Someone Who Is Unbiased

Working with a psychologist provides you with a neutral party. Everyone is put in a safe environment so they’ll be more open for discussion. It’s practically a given that some level of disagreement will occur, but it’s how these disagreements are approached and handled that makes the biggest difference. A mental health professional with firsthand experience and knowledge of the people involved truly helps to smooth things over.

Therapists are great at focusing and directing the conversation between you and your divorce lawyer, helping everyone to get through strong feelings. Both parents are almost definitely going to be in highly vulnerable states, to say nothing of the children, so having a professional who is experienced in handling these types of situations is a huge asset.

Professional Discussion

Sometimes, depending on the situation, when a psychologist or therapist deems it to be in your best interest, they will obtain your consent to discuss you and your children with other professionals. But it’s important to remember that a psychologist can only take this action with your written consent, so you don’t have to worry about your private information being shared against your wishes.

Divide and Conquer

With heightened emotions, it might be in the best interests of both parties to meet with the mediator separately. A psychologist will know when this is the best course of action to take, and they’ll carry it out in such a way that ensures no one feels singled out.

Simply removing one party from the discussion may help children be more comfortable, allowing certain critical information to come out. Once the mediator is working with a complete picture of the situation, the issue can be brought to resolution as efficiently and painlessly as possible.

Not a Substitute for Therapy

Parents should remember that going through mediation is not the same thing as receiving psychotherapy. This is still the case when your mediator is licensed in psychotherapy. There are significant benefits to having a child psychotherapist involved in the mediation process when there are complex issues related to the custody of your children, but it’s important to distinguish it from an actual therapy session.

Call 215-886-1266 for a divorce lawyer you can count on. When you need help with your family law matter, the Law Office of Joanne Kleiner is here to help. Visit us online and chat with a real person at no obligation to receive immediate advice and find out if involving a child psychologist in your mediation is the right move for you.

Dec 02

What Are the Differences Between Getting an Annulment and a Divorce?

Key Differences Between an Annulment and a Divorce

If you’re considering ending your marriage with the assistance of a divorce lawyer, you’re not alone. In the USA, about 50% of marriages end in divorce. Second and subsequent marriages have even higher divorce rates, and understanding the difference between an annulment and a divorce will help you make the best decision for your personal and financial future.

Invalidation of the Marriage

The biggest difference between a divorce and an annulment is that an annulment declares the marriage to have been legally invalid. A divorce is the ending of a legally valid marriage. By declaring a marriage invalid, an annulment is like erasing a marriage. However, the legal marriage records still remain on file in the courts. A religious annulment has no legal standing. If you want a legally binding annulment, this requires a court process.

Legal Termination of a Valid Marriage

A divorce is the legal termination of a valid marriage. The divorce decree states that both parties are single again. It ends all of the legal rights and obligations that married spouses have to each other. It also ends the legal benefits of a marriage, such as health care and survivorship benefits.

Reasons for a Divorce

Courts accept a wide variety of reasons for a divorce. The most common type of divorce is a no-fault divorce. This means that neither party is the cause of the ending of the marriage. “Irreconcilable differences” is the most frequently cited reason behind a no-fault divorce.

Pennsylvania law allows you or your soon-to-be-ex-spouse to file for a fault divorce. A fault divorce entails proving that the other party in the marriage acted in a way so as to end the marriage. Some reasons for a fault divorce include adultery, domestic violence, and cruel treatment. In a fault divorce, there are differences in the divorce settlement. For example, the spouse who committed adultery may be ineligible for alimony. The other spouse will have to prove to the court that the adultery took place in order to be granted a fault divorce.

Reasons for an Annulment

You may consider filing for an annulment if you or the other party believes that the marriage should never have taken place. For example, you may have gotten married by the justice of the peace after going on just two dates with your spouse. If you decide this marriage should never have taken place, filing for an annulment is a way to erase the marriage. Other reasons for an annulment include the discovery of secrets. If you would have had access to this information at the time of the marriage, you would not have gone through with it. For example, if your spouse had a child and didn’t tell you about them, this may be a reason for annulment.

Legal Grounds for Annulment

Pennsylvania courts also offer legal grounds for annulment that are not available for divorce. For example, if the marriage is incestuous or if one or both of the spouses were not legally old enough to marry, these are grounds for an annulment.

Eligibility for Alimony

After an annulment, neither party is eligible to receive alimony or spousal support. After a divorce, one of the parties may be able to receive alimony. Alimony may be granted if one person was a stay-at-home spouse or parent, cannot work, or earns significantly less money than the other spouse.

A consultation with a divorce lawyer in Jenkintown, PA, makes it easier to understand the options for ending your marriage. After consulting with a divorce attorney, you’ll have peace of mind knowing that you explored all of the options and made the best possible decision for your future. For more information about the differences between an annulment and a divorce, contact the Law Office of Joanne Kleiner at 215-886-1266, or fill out our online form today.

Nov 05

How a Legal Separation Might Save a Marriage From Ending in Divorce

Why You Should Try Legal Separation Before Divorce

No matter how or why it happens, divorce is always a painful process for everybody involved. Legal separation is often seen as one step closer down the road towards an inevitable divorce. However, there are many cases in which this not necessarily the outcome.

Legal Separations Help You Decide If Divorce Is What You Really Want

A temporary separation may be the perfect remedy for certain marriage problems. The time apart allows both parties to rekindle their feelings for one another and reconnect with why they fell in love in the first place.

Sometimes, being legally separated is a viable alternative to a full-blown divorce that gives couples a chance to test the waters. Divorces are complex, emotionally taxing, and usually quite costly. They almost always require the services of a divorce lawyer to ensure that all assets are split up fairly.

Opting for a legal separation before taking this big step may result in a change of heart that prevents a bitter and emotional legal battle, so it’s something worth trying for any couple that wants to give their relationship every opportunity to work out.

A Journey of Self-Discovery

It’s also a valuable time for self-discovery since married couples have often been together for so long that they’ve lost the sense of who they truly are inside. If a legal separation results in this kind of positive journey, it may lead the couple back together.

On the other hand, it’s not always the case that a personal journey ends with a person back in the arms of their spouse. Sometimes, the journey of personal fulfillment leads one or both parties to the discovery that they’re perfectly happy with the split.

In those cases, it’s easier to move ahead with the divorce proceedings without having to live in wonder of whether the marriage could’ve worked if you’d given it another chance. Legal separation is that chance to ask yourself if you’re sure that ending this relationship is what you really want.

Time to Heal

The old adage “Time heals all wounds” is obviously not always true. But it is the case in many legal separations that, with enough time, both parties can bounce back from whatever issues that caused the conflict in the first place.

It may take a significant amount of time for a full recovery from emotional pains caused by significant events in a relationship. No matter how long the legal separation lasts, it’s still a much easier process than going through a divorce and then later getting back together. For some couples, it’s a surprise to both parties when the relationship suddenly springs back to life after an extended time apart.

Distance Makes the Heart Grow Fonder

Legal separation doesn’t always mean being physically separated as well, but in some cases, having both may help. A bit of distance can do a lot to put things in perspective for a couple that has been together for a long time.

With physical separation in addition to the legal element, both parties are given enough space to feel like their own person again. And one of the most important things about having space between you and your partner is that you’re given the opportunity to miss them.

This sense of longing is often what helps couples remember how much they care for each other. Of course, it can also help a person realize that they truly are happier with the relationship ended, which is just as valuable a realization to have.

If you’re considering a legal separation, whether it’s an effort to save your marriage or one step closer to divorce, the Law Office of Joanne Kleiner is here for you. Through her broad range of legal experience, Joanne E. Kleiner provides reliable and knowledgeable service to her Pennsylvania clients.

Call 215-886-1266 today for help with the difficult decision of legal separation. If it is not right for you, you will still have an experienced divorce lawyer to walk you through every step of the way. We’ll explain the law in a comprehensible way and give you all the information and guidance you need to make the right decision for you and your family’s future.