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Mar 22

The Advantages of an Uncontested Divorce

The Benefits of Getting an Uncontested Divorce

About 50 percent of married Americans end up getting divorced at some point in their lives, and despite the common misconception that divorce is about conflict and winning, the truth of the matter can be very different. Through cooperation and striving for a mutually beneficial scenario, some couples can arrive at a divorce settlement that is amicable for both parties. If they can, they eliminate the necessity of going to court, and cases such as these are known as uncontested divorces.

What Does the Process Involve?

In any divorce, contentions and discussions regarding the settlement tend to fall into one of four categories:

  • Distribution of shared debt
  • Division of marital property
  • Custody and care of the children
  • Child support or spousal maintenance

When two individuals agree on most things in all four of these categories, they can avoid going to court and standing in front of a judge. Instead, they can work out the difficulties on their own and solve everything between themselves. This makes the entire process less hostile and allows it to wrap up much more quickly.

Which Couples Are Eligible?

Obviously, this type of divorce requires two mature adults who understand that their marriage is over and who both wish to move on with their lives. A big part of this scenario is learning to let the other person go. Both parties must be able to set their emotions aside in order to tackle the problems at hand in an objective fashion. Furthermore, it is important that both sides approach the negotiation as equals. In other words, there should be no imbalance in the power dynamics between the spouses. This could lead to a skewed agreement in which one party or the other might be pressured into granting concessions he or she would not have otherwise made. In cases such as these where a fundamental inequality exists in the relationship, a trial might be more appropriate. Although some attorneys will agree to act as a mediator for both sides, it is usually advisable for each one to retain separate counsel. Regardless of how civil the people involved may be, divorce is an adversarial proceeding after all, and the process can often be facilitated by each party having a lawyer present to ensure that his or her best interests are being sufficiently protected.

What Are the Benefits?

A no-fault divorce that is uncontested can be finalized in approximately 90 days. The process can be quick and quiet. It can allow a marriage to end with dignity and away from public view. A settlement that is arrived at courteously behind closed doors is less contentious and far more shielded from unwanted scrutiny. Solving things on your own will always be significantly cheaper than going through a court appearance that can drain precious resources and present unpleasant surprises. When the couple divorcing can cooperate on settling the family’s basic needs, they will not only minimize the conflict but also the costs.

How Do We Proceed?

In the event that you opt for this relatively painless method of ending your marriage, you must reach an agreement with your spouse. The two of you will have to do most of the hard work yourselves. You must first sit down together without undue recrimination and have a rational discussion. If you can reach a fair and equitable compromise on each of the major elements that have been shared and must now be distributed, there is no reason to make the separation more unpleasant than necessary. Your respective lawyers can prepare the documents and file them on your behalf. In a relatively short time, your divorce will be granted. If you’d like to deal with legal professionals who have experience handling uncontested divorces, contact the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania, today at 215-886-1266. We’ll schedule a consultation.

Mar 19

Who Benefits From Mediation?

How Everyone Can Benefit From Divorce Mediation

In 2015, the divorce rate in Pennsylvania was 2.6 per 1,000 residents. That was among the lowest in the United States. If you find yourself needing to end your marriage, it may be best to go through mediation as opposed to litigation.

Mediation Helps You Express Yourself

One of the best reasons to go through mediation as opposed to litigation to end a marriage is that it allows you to put your feelings into words. You will have the time and space necessary to say what you want or need to get out of a divorce settlement to make it worth your while. The more that you are able to talk, the more that you are able to process what is happening to your relationship. This can be helpful during both the divorce talks themselves and as you transition into life as a single person. In some cases, a positive divorce settlement process may allow you to remain friends with your former spouse.

Mediation Helps Your Former Spouse

A lack of communication is a common cause for divorce. By allowing your spouse to communicate what he or she needs in the settlement, it can generally be created and agreed to in less time. This is because you now know what you will need to give in order to get the things that you want or need. Furthermore, you will also have a better understanding of why he or she wants a settlement to be structured in a certain way. Ultimately, it provides a clearer framework for negotiating and may reduce the chance of misunderstandings that can lead to arguments.

Mediation Can Help the Children

Your child doesn’t want to be forced to choose sides in a divorce case. However, this is what can happen when they hear nothing but yelling and screaming from two adults who are putting their own needs above those of their sons or daughters. When you choose to work out your problems in a mature manner, you and your former spouse are showing what it means to problem-solve in a healthy way. Furthermore, mediation sessions are generally held without the children present, which means that they are shielded from the acrimony that their parents are going through.

Everyone Feels a Lower Level of Stress

When you choose to go through mediation, everyone is able to stay calm and collected. This is because the mediator will ensure that the settlement talks stay on track and don’t devolve into shouting matches. This person will also make sure that each party to the mediation session is given ample time to express their feelings without being judged or interrupted. Removing the stress and drama from these proceedings can make it easier for parents to interact with each other and their children with civility and grace.

Mediation Can Even Help Friends and Other Family Members

Anyone who has a relationship with a person who is going through a divorce can be impacted by it. For instance, grandparents may feel torn between supporting their child and being able to see their grandchildren. Those who are friends with both you and your former spouse may also feel awkward about spending time around you two during a contentious divorce process. When individuals can get divorced in an amicable and supportive manner, others in that social circle don’t have to kowtow around them. Therefore, by going to mediation, you could obtain a favorable resolution to the divorce without having to risk pitting family members and friends against each other. Your divorce mediation lawyer may be able to further explain the social benefits of choosing to end a marriage in an amicable manner. If you would like to go through mediation as opposed to litigation, the divorce mediation lawyer at Joanne Kleiner & Associates may be able to help. You can call our office in Jenkintown, Pennsylvania, by calling (215) 886-1266. It is also possible to fill out the form on our website to learn more.

Feb 24

What Happens When Divorced Parents Don’t Agree on Child Vaccinations

How to Handle Vaccination Decisions for Kids After a Divorce

The non-vaccination rate for children in the United States has been increasing for several years, which is leading to many outbreaks of many previously rare diseases such as measles. In particular, only 83.7 percent of children have completed the four or more doses for diphtheria, tetanus and pertussis with many parents claiming exemptions for personal reasons. If your spouse has different opinions regarding vaccinating your child after a divorce, this is a matter that will have to be settled with the help of a Jenkintown family lawyer.

Think About the Risk to Your Child

Vaccine-preventable diseases are making a comeback with many outbreaks occurring during the early months of 2019. In communities such as Portland, Oregon; Clark County, Washington; and neighborhoods of New York City, hundreds of children have been sickened with measles. Other outbreaks of rubella and pertussis are making the rounds in vulnerable children, some of whom have been hospitalized. A community-wide vaccination rate of 90 to 95 percent is necessary in order to protect children who cannot receive a vaccine because of medical contraindications. Consider the risk to your child. If your child has a chronic medical condition such as asthma or is around a lot of other vaccinated kids, he or she has a high risk of contracting an illness. Also consider the long-term effects of infections on a child. A childhood case of mumps could cause permanent sterility in males.

Evaluate the Reason for Non-Vaccination

The parent who does not want to vaccinate the child should consider the seriousness of the decision and evaluate his or her reasoning for not wanting to vaccinate. Religion is one reason, but if the child is not being raised according to that doctrine, it may not be valid in court. A parent’s philosophical reasons may also not be valid in the courtroom. The parent who does not want to vaccinate may need to have a respectable medical professional provide testimony as to the benefits of not vaccinating the child.

Consider an Alternative Vaccination Schedule

Many parents object to their children receiving multiple shots in one visit to the pediatrician’s office. They believe that giving a child several vaccinations in a short period of time overwhelms and stresses his or her immune system. This has not been scientifically proven, but people do have anecdotal experiences that cause them to have strong feelings about the situation. With your lawyer’s help, you may be able to negotiate an alternative vaccination schedule with your former spouse. You could plan this with the pediatrician. For example, you could have your child get one vaccination per month.

Ask the Child

Children tend to take on the beliefs of their parents, but it would be wise to ask school-age and teenage children about their preferences. A child might not understand the scientific jargon of vaccine benefits and risks. However, it is important to be aware of the child’s opinion about getting vaccinated. Children can be given information about the pros and cons of vaccination. A pediatrician could do this under the court or family lawyer’s supervision. Teenagers should be able to read information on the Center for Disease Control and Prevention’s website about vaccine benefits and risks. In some communities, teenagers are defying their custodial parents and seeking out vaccinations on their own. Parents should keep this in mind and include their children whenever possible when it comes to making medical decisions.

Working with a Jenkintown family lawyer helps you understand your rights and responsibilities when it comes to providing medical care and making medical decisions on behalf of your child. A consultation in Jenkintown with a family lawyer may help you communicate with your ex-spouse about vaccination decisions. To learn more about your parental rights and making medical decisions for your child, contact Joanne Kleiner & Associates by phone at (215) 886-1266.

Feb 21

Common Mistakes That Can Occur During the Divorce Process

Mistakes That Are Commonly Made During a Divorce

If a divorce is contested or the particulars take a long time to finalize, the process can be a lengthy one; during this stressful time, a large number of mistakes can be made by either spouse. Each year, approximately 800,000 divorces occur across this country. While some of these divorces are finalized without issue, others go through turbulent events that are oftentimes caused by simple mistakes that could have been easily avoided.

Not Focusing on the Details of the Divorce

Many spouses who are going through a divorce try to disengage from the process as much as possible, which can create numerous problems. Any negotiations between the two spouses or arguments brought into court will need to be supported by myriad facts and documents from the marriage. Solely because he or she wants to get through the divorce quickly and without any additional distractions, there are times when a spouse may sign a divorce settlement without reading all the details. Of course, this is unwise. The agreement just signed might not be as it was described, and it may not be fair or equitable. Regardless of how anxious or weary you become, remember that focusing on the specifics is important.

This can also be an issue after the divorce has been finalized and child support payments are being made. If the right details about child care expenses aren’t recorded, the payments may end up being lower than they ought to be.

Making a Settlement That Doesn’t Take Future Events Into Account

When they are obtaining a divorce, many individuals focus on making a settlement agreement with their spouse that only takes the status quo into account, which means that the equitable split is made based solely on the current valuation of the marital assets. However, all sorts of future events could alter a person’s ability to live as she or he did before the occurrence. Some of the unfortunate possibilities that could take place following a divorce include:

  • A physical disability
  • A loss of a long-term job
  • A substantial depreciation of assets
  • Significant health problems in a child

Here’s an example. Suppose a perfectly reasonable agreement was made for paying future college expenses for a child, and it was based on a 50/50 split between the spouses. However, one spouse later loses his or her job and is only able to find work that provides a much lower salary. In this altered scenario, the original agreement may no longer be fair. A divorce lawyer can help design a settlement agreement with future contingencies in mind.

Progressing Through the Divorce Too Quickly

It’s common for spouses who are seeking a divorce to attempt to get through the proceedings as fast as possible. However, trying to rush this process can cause costly errors that lead to serious issues later on. When attempting to get through a divorce without unnecessary hurdles or roadblocks, various sound strategies can expedite the process. These solutions include arriving at a complete settlement agreement with the help of a mediator or an attorney and creating a parenting plan before going to court.

How Our Attorneys Can Help You During Your Divorce

The divorce process can be a difficult one to navigate without an attorney by your side. At Joanne Kleiner & Associates, a divorce lawyer can assist you by taking care of every detail of the proceeding from the initial filing to arguing your case in court if necessary. If you’re trying to come to an agreement with your spouse about how property is divided or what the parenting responsibilities should be, we can help you with these decisions. This should relieve you of some of the stress that invariably occurs during a divorce. If you find that you are having difficulties understanding what the divorce process entails, call our office in Jenkintown today at (215) 886-1266 to obtain the assistance you require.

Jan 18

Common Reasons for Child Support Modification Orders

Why a Judge Would Modify a Child Support Order

On average, a noncustodial parent pays $430 per month in child support, but this amount could be higher or lower. It would depend on various factors such as your income, the number of children you have or whether a child has special needs. If your financial situation changes, it’s also possible that your payment could increase or decrease.

A Modification Could Occur If a Parent’s Employment Status Changes

Losing your job could be grounds for having a child support order modified. This may be true regardless of whether you are the custodial or noncustodial parent. In such an event, a judge might look to see whether you have any other assets that could be liquidated in an effort to make payments as currently ordered.

Conversely, if you were to see an increase in your pay, it may be possible that your child support obligation would be increased. If the other parent got a new job that came with a higher salary, he or she could be asked to accept more of the financial burden of raising a child. In that case, your payment could be decreased.

Unexpected Medical Expenses Could Result in a Modification

If you were to become ill, it could mean thousands of dollars or more in out-of-pocket medical expenses you didn’t budget for. That cost could have a negative impact on your ability to provide for your child. While you should still make an effort to provide to the best of your ability, a judge may nevertheless agree to modify an existing child support order due to your circumstances.

 

A child support attorney may be able to further explain how medical bills could impact an existing order. In the event that your child becomes ill or has medical needs that must be paid for, you could be asked to contribute more money each month until those needs subside.

Child Support Can Be Modified If Parental Roles Change

In the event that you start spending more time with your child, it may be possible to ask to pay less in child support. This is because the state generally recognizes that housing and feeding a child and otherwise meeting immediate needs are valid forms of support.

Of course, there is no guarantee that this will be true in your given case. As with any other matter pertaining to child custody and support, the best interests of the child are the primary concern. Therefore, if a child needs the additional financial support, he or she will be allowed access to it.

If the Other Parent Receives a Financial Windfall

In addition to getting a job with a higher salary, there are other ways in which the child’s other parent could see a positive change in financial circumstances. For example, he or she could receive an inheritance from a parent or win the lottery. This could mean that you will be granted the opportunity to pay less in child support each month. In some cases, a personal injury award could also have an impact on child support payments, and your family law attorney can help answer any questions you have on that topic.

Alterations When the Child Is About to Turn 18

Assuming that a child does not have any special needs, your obligation to pay child support generally ends when your son or daughter turns 18. In Pennsylvania, you typically have to request that a support obligation be terminated at least six months prior to this taking place. You should be aware that you may be obligated to help pay for college tuition or other costs in certain cases even after a child reaches the age of majority.

If you need a child support attorney to help with your case, contact the Law Office of Joanne Kleiner today. This can be done by calling our office in Jenkintown at 215-886-1266. You can also send a fax to 215-886-2670.