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Mar 13

Mediation Could Be Beneficial in a Divorce

A Happier Divorce Is Possible Through Mediation

Most divorce cases are actually settled out of court; only 5% go to trial. Divorce statistics show that nearly 90% of divorces that are mediated are settled successfully. Did you ever think of hiring a divorce mediation lawyer to make your divorce go more smoothly?

What Does Mediation Do?

Some think that settlement of issues is easier through an unbiased mediator who strives to have the two people reach an agreement. Divorce often brings up feelings of anger, but resentment and finger-pointing can actually make a divorce more expensive. Without the fighting, a more peaceful divorce is possible. As one of the most frequently used methods of navigating divorce, mediation has much in its favor. In fact, most divorce cases are settled out of court.

You’ll be meeting with a specially trained third party who is neutral. This mediator will work to help you resolve any issues that are related to the divorce. A quicker resolution with less stress and expense is the objective. Couples have the final say, which gives them ultimate control over any agreements. It is an effective alternative to having the final word on the subject handed down by a judge.

Improved communication is the goal of mediation. The divorcing couple works with a neutral mediator who helps both parties come to a thorough agreement on various aspects of their divorce. It is often easier on the children since fights in court are eliminated. The couple divorcing may use a mediator lawyer or someone else well versed in divorce and family law. This method has several advantages, including:

  • Confidentiality is ensured.
  • Legal advice is still available.
  • The process is less expensive.
  • You and spouse control the process.
  • Mediation promotes clearer understanding.

Moreover, a mediated divorce is private where a divorce requiring litigation is open to the public.

Mediation Is Confidential

Often beginning with a phone call, the mediator will speak with you to get information regarding the family, your marriage and the issues at hand. At the first meeting, you may be asked to sign a confidentiality agreement. This might occur in a conference room or a comfortable office space. Everyone may be in the same room, or you may be meeting separately to discuss the issues in private.

Mediation Does Not Work for Everyone

If domestic violence is involved in the marriage, mediation probably isn’t the path to take. In addition, a mediator cannot order payments. Someone who wants to delay the proceedings or avoid paying support can be abusive of the process. They might agree to mediation in order to stall the divorce. In fact, if you are in search of decisions about support or other issues that need to be made early in your divorce, a court ruling may be the answer.

With an inexperienced mediator or one who is biased in favor of one side, this process may not work. A poorly drafted agreement can be challenged, so it is important to find a mediation lawyer with a thorough knowledge of family and divorce law.

Who Does Mediation Work Best For?

Two people who are able to show up and work toward compromise are the best candidates for mediation. At the start, you may not agree on certain points, but you should not give up on the process. When both parties are committed to it, this method can often resolve issues that seemed impossible to settle amicably.

Without the fighting, both you and your spouse could be happier, even through a divorce. Moreover, the effect of a peaceful divorce is better for your children and their happiness in the long run. When everyone is on board and committed, this settlement process is a powerful tool.

If you are thinking of hiring a divorce mediation lawyer for the dissolution of your marriage, give the Law Office of Joanne Kleiner in Jenkintown, PA, a call. You can reach us at (215) 886-1266 or send a fax to (215) 886-2670.

Mar 13

Why You Might Want an Uncontested Divorce

The Many Potential Benefits of an Uncontested Divorce

After accounting for legal fees, court costs and other related expenses, it can cost up to $200,000 to end a marriage. However, an uncontested divorce may allow you to end your marriage for a fraction of the price. Let’s look at some of the other benefits of ending your marriage without putting up much of a fight.

There Is Less Chance for Conflict

A divorce can be one of the most emotional events that you will go through in your life. It isn’t uncommon to feel fear, anxiety and anger while you’re dealing with a separation. However, your feelings could cause you to say or do things that are aimed at hurting your former spouse as opposed to settling the divorce in a timely manner. By choosing to have an uncontested divorce, you can have a clean break.

From a legal standpoint, an uncontested divorce is a decree that neither party is fighting the separation. There should be no financial disputes, and both spouses must agree to the divorce.

Make Life Easier for Your Children

If you have children, the last thing that you want to do is put them in the middle of a protracted conflict with your former spouse. While you might not intend to hurt them, they could potentially hear anything negative that you say about their other parent. They may also see the ways you try to undermine your former spouse’s authority as a parent or personal dignity.

The trauma that a child endures during a divorce could linger after your marriage formally ends. If your child is now spending time in two different households, fighting with your ex will only make the transition more stressful. By minimizing the chances of conflict occurring during a divorce, you maximize the chances that you and your former spouse can work together for the good of your child.

You Don’t Have to Be an Open Book

In a typical divorce case, you are generally required to make significant financial disclosures. This information is used to determine the amount of alimony that you might get or the level of child support that you may need to pay. Furthermore, your spouse may enter text messages or other private messages into evidence.

By opting for an uncontested divorce, you don’t have to worry about other people exposing your secrets to the public. You also don’t have to worry about anything that you say to friends or post online being used to undermine your position in court.

Uncontested Divorces Usually Save Time and Money

An uncontested divorce can typically be settled for a flat fee to your attorney and to the court where the divorce takes place. In most cases, an uncontested divorce requires little more than submitting a few forms and making a brief appearance in court. The entire process can be completed in a matter of days or weeks.

Conversely, a divorce trial can take up to a year or more to complete assuming that everything goes as planned. The court may order that you appear to testify on certain days that are not convenient for you. Therefore, uncontested divorces are more ideal for those who can’t take time off work or afford suitable daycare for their kids.

Most Cases Get Settled Anyway

Roughly 90% of divorce cases are settled, which means that you are likely to resolve the matter outside of court regardless of what method you use. However, it is important to note that any parenting plan that you come up with will need to be approved by a judge before it can go into effect. This is because the court needs to be sure that the agreement is in the best interests of the child.

If you need legal assistance from someone who understands how uncontested divorces work, it may be a good idea to contact the Law Office of Joanne Kleiner. You can call our office in Jenkintown by dialing (215) 886-1266. You can also send us a fax to (215) 886-2670.

Feb 18

How Technology Can Help Co-Parents Communicate Better

Using Software Systems to Improve Co-Parenting

One of the keys to a successful co-parenting relationship is communication between the ex-spouses as just over 50 percent of parents are remarried or recoupled. If conversations are respectful and professional, strife will be lessened, and there will be more harmony for the children. There is some help available for high-conflict situations in which the parents have difficulty communicating without fighting.

Third-Party Apps Can Help With Your Tone

There are third-party systems that can host communications between the parents. These are usually ordered by the court when two parties have a history of acrimony and conflict. All communications are done through the third-party system, and the parents are generally not even allowed to text each other unless there is some kind of a pressing, time-sensitive issue that cannot be handled through the communication system.

Many of these systems have artificial intelligence features that scan messages before they are sent to examine the body of the message. The system has the ability to spot words with a negative tone and highlight them before the email is sent. This gives the writer time to stop and review the message to make sure that he or she really intended to send a message with those words. Oftentimes, the writer does not realize that there is a negative tone to his or her message and needs some extra help to spot areas that could lead to trouble. The writer then has the ability to choose different words that may not lead to conflict.

Judges Can Access the Messages

All communications through these systems are generally saved and cannot be deleted. This means that in the event that there is a matter that goes to court, a family law judge has access to all of the messages and can easily read the relevant communications. This knowledge should help the parties learn to be a little more restrained when dealing with each other since these systems are the equivalent of not being able to take back a combative email.

Reduce Your Stress Levels With Better Communication

Even if you do not like your ex-spouse, these systems can help your communication improve to the point where the co-parenting relationship may become more civil. Less conflict can help reduce your stress level because constant arguing reaches a point where it can wear you down over time. Therefore, these systems are generally a great idea for increasing the level of harmony. In a worst-case scenario, these software systems are an extra layer of protection for you in a litigious relationship.

Other Features to Improve Co-Parenting

Not only is there help with communication, but there are also calendars and other features to improve all aspects of the co-parenting relationship. Many of these software systems even have banking features that allow for money transfers and other accountability tools to make sure that each parent responds to the other. The aspects of the relationship that have been chaotic can be managed, bringing with it some relief to struggling co-parents.

How to Implement These Systems

Your family lawyer can help you figure out the best strategy for adding this type of communication to your custody agreement. In some cases, the judge will order this software on his or her own when he or she sees that there is a contentious relationship. Of course, you can always seek a modification to your custody agreement that states that all communications are to be through a third-party software application.

These Systems Can Help You Get on a Better Path

In many cases, this is the solution that enables divided families to engage in better communications. Many co-parents have reported that these communications systems helped improve their overall relationships and created more of a sense of normalcy for their children.

These software packages are not free, but they are money well-spent when there is an improvement in your relationship. Any conflict or litigation that is averted means less time battling it out in court, so these can be worth your while. Therefore, if your ex-spouse has requested one of these communications systems, be open to considering it.

The Law Office of Joanne Kleiner in Jenkintown, PA, stands ready to assist you in either strategically avoiding court or litigating if it is unavoidable. Call us today at (215) 886-1266 to set up a consultation with our family lawyer in Jenkintown.

Feb 15

What You Need to Know About Divorce With Adultery in Pennsylvania

How Does Adultery Affect a Divorce in Pennsylvania?

Most marriages don’t survive after adultery, with more than 66% of unions resulting in divorce. If adultery has taken place in your marriage, there are several important things to know about how it’s going to impact your divorce.

Divorce With Adultery Affects Alimony

The spouse who has committed adultery usually isn’t eligible for alimony in Pennsylvania. Many people think of alimony as given to the woman, but it’s actually given to the earner with the lower income.

However, in Pennsylvania, alimony isn’t automatically given to the person of lower income. The court considers a wide range of factors before deciding whether or not a person must pay alimony to their former spouse. These factors include:

  • Misconduct during the marriage
  • Length of the marriage
  • Financial needs
  • Assets and liabilities
  • Education
  • All sources of income
  • Earning potential
  • Potential inheritance
  • Health
  • Age

The court examines these factors of both spouses, not just one side.

Alimony in Pennsylvania doesn’t last forever. When the person receiving alimony improves his or her financial situation, the court may end payments. Sometimes, the court will rule that alimony must be paid for a certain period of time. In Pennsylvania, alimony isn’t necessarily paid monthly. Instead, the court may put you on an annual payment basis.

Pennsylvania courts have the right to modify or end alimony based on the changing financial circumstances of both parties.

If you’ve committed adultery and your spouse hasn’t, you’ll be more likely to have to pay alimony because adultery falls under misconduct.

How Adultery Affects Child Custody and Visitation

If a spouse’s infidelity has negatively impacted the children, then this can affect child custody and visitation rights. Without proof that a spouse’s adultery has negatively impacted the children, the adultery usually doesn’t influence a court’s decision on child custody and visitation.

Our Jenkintown family lawyer can help you protect your rights if you’re struggling to come to an agreement with your spouse on child custody and visitation. The Law Office of Joanne Kleiner has experience handling numerous aspects of divorce in Pennsylvania.

Adultery Is Sometimes Not Considered Cause for Divorce

If you forgave your spouse after their adultery, then Pennsylvania law likely won’t recognize it as the cause behind your divorce. You must prove adultery caused the divorce.

Another situation in which the state won’t acknowledge adultery as the cause for divorce is when both spouses cheated. However, alimony can still be given to the spouse with a lower income if both of you committed adultery.

Your spouse having an affair with another isn’t adultery if you consented to it or you received a benefit from it. An example of receiving a benefit from your spouse’s affair with another is knowingly spending money that was obtained from prostitution.

Be aware that your spouse may claim to have been insane when they committed adultery in order to still be eligible for alimony. If it turns out the spouse who committed adultery was actually insane at the time they cheated, then the court may allow them to receive alimony from the divorce as long as they can prove a financial need.

You Can’t Sue Someone for Adultery in Pennsylvania

People who commit adultery in Pennsylvania can no longer be prosecuted for it. However, a spouse can still be considered at fault for a divorce because of their infidelity. The court may give the adulterer a smaller portion of the property as a result of their infidelity.

How Do You Prove Adultery in a Divorce?

You must provide proof of adultery if you claim your spouse isn’t eligible for alimony because of adultery. Hold onto anything you can use as evidence your spouse cheated. Items you can use as evidence include hotel receipts, photos, videos, phone records, text messages, and emails. The proof you collect doesn’t need to be of sexual intercourse. Our Jenkintown family lawyer can further advise you on how to prove adultery in divorce in Pennsylvania.

Whether you’re the one who committed adultery, your spouse committed adultery, or both of you cheated, you should consult with a divorce lawyer to ensure your rights are protected. There are aspects of Pennsylvania divorce law that you may be unaware of, and you don’t want to be taken by surprise. Contact the Law Office of Joanne Kleiner at (215) 886-1266 today for advice on divorce, assistance with mediation, or representation in court in Jenkintown.

Jan 18

Why Some Couples Legally Separate

Divorce vs. Separation

Approximately 87 percent of married couples that separate eventually divorce. When a married couple separates, they decide to live apart without necessarily dissolving the marriage at that point. Couples may have an informal or trial separation to live separately while deciding if divorce may be an appropriate option, while others part ways with the full intent to make their departure legal by divorcing.

How Do Married Couples Separate Legally?

Legal separation is an official order issued by a court that describes the duties of both parties while they are separated but still legally married. To begin the process of legal separation, one party must file legal separation papers at a local courthouse. Couples who wish to file for divorce are generally not required to file a legal separation first. Once a couple has decided they will never reconcile, their separation is termed a permanent separation. Parties who wish to separate should each contact a trustworthy Pennsylvania divorce attorney to discuss the legal separation process more thoroughly and to properly file the required paperwork in court.

Similarities Between Legal Separation and Divorce

In most cases, a separation will have little legal impact. However, legal separation can bear some similarity to divorce. Similar to in a divorce case, when making determinations in a legal separation case, the court decides matters concerning property division, child custody and visitation, and maintenance. In legal separation cases, the court determines the amount spouses will receive in maintenance payments that are similar to alimony. The court also decides how much parents will pay in child support during the separation. Prior to separating, each party should obtain his or her own legal counsel. Legal separation proceedings generally involve the same critical matters couples are required to address during a divorce. Therefore, both parties should enlist the help of an attorney to ensure their needs and desires are represented throughout the legal separation proceedings.

Differences Between Legal Separation and Divorce

One major distinction between legal separation and divorce is that divorce legally dissolves a marriage. Dissolving the marriage may be an advantage to couples who simply wish to legally go their own separate ways entirely. However, some parties may find legal separation advantageous because the process allows one or both parties to retain certain legal rights and economic benefits. Legal separation allows one party to continue to be covered by his or her spouse’s health insurance and social security benefits. Neither party may legally remarry during a legal separation as they remain married as a matter of law. Spouses who are legally separated remain each other’s next of kin. Therefore, they may continue to make medical and financial decisions for each other. Spouses may be responsible for each other’s debts and liabilities during a legal separation, whereas these matters would otherwise be settled during divorce proceedings. Marital property rights also remain intact if a couple is legally separated. Therefore, each party retains rights to one another’s property in the event of the death of one of the spouses.

Permanent Separation Representation in Jenkintown

If a couple separates and decides not to reconcile, their separation becomes permanent. In most states, property and debts acquired after a permanent separation are typically viewed as unshared by the separated couple. An exception may exist for debts and properties either party acquires for the purpose of being used by the two parties’ shared family necessities. Examples of family debts may include house payments, household maintenance expenses, and childcare expenses. Unlike a permanent separation, property and debts acquired during a trial separation are generally viewed as jointly owned. A trial separation is distinguished from a permanent separation by the absence of a formal decision for the couple to remain apart. The lines between a permanent separation and trial separation period may become blurred in some cases. Therefore, couples are urged to consult a Pennsylvania divorce lawyer when considering a legal separation in PA.

Contact a Pennsylvania Divorce Lawyer

If you are considering filing for a legal separation in PA, our staff is available to serve you during your critical time of transition. Our attorney understands the delicate nature of divorce and separation. Therefore, we handle each case to the best of our ability with our clients’ needs in mind. Call the Law Office of Joanne Kleiner in Jenkintown at (215) 886-1266 to receive a case evaluation free of charge.