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Jul 17

Understanding Collaborative Divorce

Collaborative Divorce Provides an Alternative Way to Settle Divorce Issues

With average divorce costs in Pennsylvania ranging from about $15,000 to over $21,000 for marriages involving children, you might be considering other options that avoid litigation. One option is collaborative divorce, which takes a team approach to the divorce process with the goal of reaching a settlement that both parties are satisfied with while avoiding a lengthy and costly court battle.

Understanding Collaborative Divorce

A collaborative divorce is a type of alternative dispute resolution process in which both spouses work together during the divorce negotiations, with a team of experts to guide and support them, until they reach a divorce settlement that meets their needs. The team of experts includes each spouse’s lawyer as well as a collaborative divorce lawyer. It can also include financial experts, accountants, mental health experts and even parenting coaches as needed.

Before the process begins, the spouses and their lawyer sign a document stating that they commit to working collaboratively to resolve their issues and reach an agreement without going to court. During this team process, both spouses receive neutral information about the various issues related to divorce from the experts and their divorce lawyer so that they can continue to work towards a resolution.

Determining If Collaborative Divorce Is Right for You

The collaborative divorce process will not be right for every family. However, couples who get along well and can commit to moving past the emotional issues that led to the split might be able to reach an agreement this way. It can also work for couples who might be struggling with their communications as the mental health expert in the team and even the parenting coach might help them overcome these problems so that the couple can continue to work together to achieve a peaceful resolution to their issues. Couples with children might also choose this option, as it can lead to a quicker, less expensive resolution to help the family move forward in a positive manner after divorce.

During this process, both spouses must be ready to be open and honest about their assets and to negotiate in good faith so that they can reach an equitable divorce settlement. If there were, or there continue to be, issues with domestic violence or drug or alcohol abuse or if one of the spouses is afraid to share a room with the other, collaborative divorce might not be the right fit for your case.

The Benefits of Collaborative Divorce

Choosing a collaborative divorce over going to court can provide you and your family with many benefits. It allows the couple to take ownership of the divorce process and decide which issues they choose to prioritize. The couple benefits from the support and guidance of a team of professionals. Advice from these experts would be expensive if you were to seek it in the course of a typical divorce hearing.

Further, a collaborative divorce is less stressful and sets a good example. Working together with your ex-spouse shows your children that you can have positive conflict resolution and compromise and that not every life event has to be an emotionally devastating ordeal. Additionally, a collaborative divorce can save you time, stress, and money as a shorter divorce can often mean a less expensive divorce.

What Happens If This Approach Does Not Work?

While collaborative divorce can work for many families, the process can fail if the parties can’t reach an agreement that satisfies both sides. If either spouse disagrees with the proposed solutions and the negotiations stall, the process fails. When this happens, all of the experts involved in the case, including the lawyers, must resign. The couple then has to go to court, with new lawyers representing them and new financial experts to help them resolve their divorce issues.

If you are considering a divorce and want to explore the options available to you for the process, you can contact the Law Office of Joanne Kleiner. We are located in Jenkintown, so call us at 215-886-1266 to set up an appointment for a consultation to see if collaborative divorce is right for you.

Jun 22

Can I File for Divorce in the Same State as my Vacation Home?

Can I File for Divorce in a Different State?

In the United States, 16.3 out of every 1,000 women got married in 2019, but 7.6 out of every 1,000 women got a divorce. Many people are as a result turning to a divorce lawyer for information about the process, because it comes with a lot of questions, like where you must legally bring the action.

Determining Where You Can File for Divorce

Some people may want to file for divorce in the state where their vacation homes are located because they wish to be in a state where they may be favored when it comes time to divide the marital assets. For example, Pennsylvania is a state where the courts divide marital assets by the process known as equitable distribution. What this means is that a court will base the decision on what it deems to be fair, which does not necessarily mean equal.

In community property states, each spouse may be able to designate some property as separate property, but the marital property will be considered to be community property. The court may divide this property evenly between the two spouses, and this may benefit the spouse with less separate property.

Residency Requirements

The purpose of residency requirements is to prevent the scenario described above from occurring. Most states require that couples set up residence in the state in which they plan to file for divorce. They may also need to meet a county residency requirement, but this will be shorter than the state requirement. You will also need to live in the location on a continuous basis to establish residency.

If your vacation home is in a community property state where it would benefit you to reside, you may wish to meet the residency requirements and file there.

Domicile Rather Than Residency

Your residence is the place where you receive mail, register to vote, and where you own, lease or rent your home. Your company may be in the location of this home, and you may have registered your vehicles and registered to vote in the area. This is evidence that the property is your residence.

Domicile means that you are physically located in the state. It also means that you intend to live there on an ongoing basis but that you are not required to remain there forever. Some states use the word “domicile” rather than residency for divorce proceedings.

The Right of Jurisdiction

Before the courts can decide how much marital property each spouse may receive, it must demonstrate that it has jurisdiction over the matter. The divorce petition is the document that states that the spouse meets the requirements for residency, and this provides the state with jurisdiction. Once the court serves the other spouse with the divorce papers, it has jurisdiction over this spouse as well. After this occurs, the filing spouse may leave the state if the couple doesn’t have any children.

Length of Time

If your vacation home is located in one of 26 states, you must establish residency for six months if you want to divorce in that state. Nevada requires one of the shortest residencies. If your vacation home is in Nevada, you will only need to reside there for six weeks. If your vacation home is in Washington, Alaska, or South Dakota, you aren’t required to establish residency. The remaining states have residency requirements of between 60 and 90 days.

Two extreme cases are Connecticut and New York. If your vacation home is in Connecticut, you will need to establish a domicile for a full 365 days. If you and your spouse did not get married in New York, you will need to live in the state for two years before you can file for divorce.

How Do Courts Determine Domicile?

Courts determine domicile by examining where the family lives, where the adults vote, where the vehicles are registered, and where they obtained their licenses to drive. Where they work and whether or not they are engaged in the community also add weight to the issue.

If you are in need of a divorce lawyer, contact us at the Law Office of Joanne Kleiner. We are located in Jenkintown, Pennsylvania, and we can be reached at (215) 886-1266.

Jun 18

Can You Get Some of Your Ex’s Pension During a Divorce?

Am I Entitled to My Ex-spouse’s Pension?

Roughly 56% of Americans include a pension or other retirement savings plan as part of their financial assets. Dividing up these sorts of assets in a divorce can be tricky. Whether or not you get part of your ex’s pension will depend on a few factors.

Pensions Are a Joint Asset

Even if your spouse was the only one contributing to the pension, part of it might be your property. Your divorce lawyer can argue for you getting a share of the pension because it’s a joint asset. Over the course of the marriage, you and your spouse’s contributions both went into things like producing children, obtaining a career, and getting home goods. Therefore, any funds that you or your partner got during the marriage are called joint marital property. In a divorce, these joint assets are split up. Depending on the way that you either choose to divide assets or a court issues an order, you can get some of a pension.

You Might Not Get Half of the Pension

Pensions are treated just like any other asset division in Pennsylvania. This means that they are split based on what is equitable and fair. Keep in mind that this doesn’t necessarily mean you automatically get half. Instead, the judge will split any pensions based on factors such as:

  • Whether you contributed to the home non-financially, such as helping with child care or cooking
  • How long you have been married
  • How much money you and your spouse each have
  • Your age, health, and ability to work at a job
  • Whether you’ll be a custodial parent or not
  • Your contributions to the pension or other marital property

Additionally, you might have the option of choosing to forgo your share of the pension in exchange for something else. For example, if you want to keep a car, you and your divorce attorney might offer to relinquish your right to the pension and get the vehicle instead.

Reasons That You Might Not Be Entitled to Some of the Pension

In most cases, a pension is part of joint marital property that needs to be considered during asset division. However, there are a few factors that can keep a pension from being a joint asset. In these cases, the answer to who gets the pension in a divorce will be your ex. You won’t be able to ask for part of it or use it while negotiating for certain property.

The most common reason that you won’t get part of the pension is just that your partner earned it before you were married. When your spouse brings a pension into your marriage, it is their personal property that they get to take when they leave. If they started the pension before your marriage but kept contributing after, you’re only entitled to the portion of the pension accrued after your marriage.

Another reason you might not be entitled to a pension is if you signed a prenuptial agreement. Though judges can throw out prenups for certain reasons, this doesn’t happen often. Typically, if you agreed you wouldn’t take any of your ex’s pension, you can’t. A final reason that you might not get their pension is the type of the account. Some pensions, such as those through the military, may follow a separate set of rules. These can potentially bar the pension owner from splitting the account with an ex. If the owner cannot transfer the pension to anyone else, you might not get any money from it.

Ultimately, most couples who divorce will end up splitting pensions or substituting other assets. However, this sort of asset division can be tricky, so it’s a good idea to discuss your unique situation with a divorce lawyer. At the Law Office of Joanne Kleiner, we take pride in helping people achieve satisfactory divorce outcomes. Our team provides the representation you need during this challenging transition. Call 215-886-1266 or fill out our contact form to schedule a consultation today at our Jenkintown office.

May 18

What is a Certified Divorce Financial Analyst?

A Certified Divorce Financial Analyst, or CDFA, is a financial professional who can help with all the financial details pertaining to your divorce. This person typically works alongside a divorce lawyer and has a background in finance or accounting. CDFAs undergo special training to become certified, so they can offer essential advice on all financial areas of a divorce.

Why You Should Hire a Financial Planner for Your Divorce

Going through a divorce is difficult enough. However, there are always many aspects to consider during this time. Finances rank as one of the top reasons why married couples end up ending their marriage in the first place.

Women, in particular, are often concerned about the financial aspects of a divorce. If you are going through a contested divorce, things can get sticky when you want your fair share. A certified financial planner can be a valuable tool to have on your side. There are a few benefits to hiring this professional to help you through the process.

A Financial Analyst Can Save You Time

On average, a divorce in the United States takes around one year to finalize. A CDFA can help explain all the pertinent financial aspects of your divorce. This can save you precious time when you know what to expect concerning separation, spousal support and child support if your marriage produced children. You will have the advantage of being able to make better decisions about finances throughout the divorce process.

A CDFA Can Save You Money

In addition to helping their clients understand more about their basic expenses, financial professionals can also save you money. By giving you a better understanding of all the consequences of your financial choices, you will be more knowledgeable about how to make better decisions about your finances.

A Finance Professional Can Help You Avoid Long-Term Financial Problems

Working with a financial planner during your divorce can help you avoid certain long-term financial problems once you are single. CDFAs can inform you about the long-term effects they foresees in your divorce settlement. They will provide you with details about benefits and tax liabilities alike. This can help you avoid pitfalls that you might otherwise be susceptible to if you did not have a financial professional on your side. The issues a financial analyst can coach you about include events in the immediate future as well as those well into the future, such as your retirement.

An Analyst Can Help You Devise a Budget

Your financial professional can help you create a budget for your monthly spending, which can help you stay in check after your divorce has been finalized. This type of advice is practical and can keep you better balanced in terms of your money and expenses. Items such as rent, health insurance, life insurance and other basic living expenses are taken into account.

A CDFA Can Reduce Problems During the Divorce

A financial professional can also reduce certain problems that can arise during divorce proceedings. It is quite normal for confusion, misunderstandings and nervousness to occur during this stage of your life. Many people who legally end their marriage have a false sense that they will be able to obtain divorce settlements that will allow them to continue enjoying the type of daily lives they led while married. Their former spouses may have a different attitude about this, and as a result, issues can arise. Your financial professional can help ease your mind and allow you to retain stability with your finances while preventing financial mistakes from happening during the proceedings.

While a divorce lawyer is definitely an essential asset to have, you will want a financial professional on hand as well. The former is skilled in the area of the law may not know everything that a CDFA does. Having the two professionals working together on your divorce case can ensure that the proceedings go more smoothly so that you can have a positive outcome.

If you live in Pennsylvania and are going through a divorce, contact the Law Office of Joanne Kleiner for a consultation. Our office is located in Jenkintown and can be reached at (215) 886-1266.

May 14

Divorcing a Spouse Living in a Different State

It’s not uncommon for divorcing spouses to want to get farther away from each other, sometimes even going so far as to move to different states. Divorcing while living in different states shouldn’t be a problem. However, certain rules must be followed in order for the marital dissolution to be valid.

State Jurisdiction

The first order of business is to look at what state the divorce has been filed in. If you and your spouse have been living together in the same state, filing requirements may be easier, but each state has its own requirements pertaining to residency. If one of the spouses has moved to another state before the divorce was filed, the requirements need to be looked at closely as some states may have a requirement that mandates that a person must have lived in the state for at least six months in order to file for divorce in that state. Other states may specify a different time frame. In fact, this is usually the case with most states. Some states may even require that a person live there for a year before becoming a resident.

Residency Requirements

The residency requirements must be met before filing for a divorce petition in that state. If the spouses are already living in different states, each state can have jurisdiction over the divorce and hear the case in a local court. Jurisdiction means that a state has authority over the divorce proceedings. Spouses do not have to return to the state they were married in and where the marriage license was actually issued. However, if the spouses live in different states, both states technically have jurisdiction over the divorce proceedings.

Who Files First?

Proceedings will take place in the state in which the divorce was filed. Each party may need to attend the court dates regardless of which state it is in or if he or she has already moved out of state. This being the case, it would benefit the spouse who files the divorce papers first as that means the divorce proceedings will take place in his or her state. Because travel arrangements can be expensive and time-consuming, it usually behooves the spouse who files first to make quick filing arrangements.

Help Where Needed

Working with a divorce lawyer is the best way to ensure that the divorce goes smoothly. If the spouses are still on mutually good terms, they may compromise on travel arrangements or other details. Also, if the couple is agreeing on most things without a battle ensuing, it could mean that the proceedings won’t have to take place inside the courtroom other than the judge approving a settlement agreement that the couple has negotiated or has reached after participating in mediation sessions.

Things a Couple May Agree On

  • Custody and visitation of minor children
  • Alimony
  • What to do with the family home
  • Who gets to keep the pet
  • The division of assets obtained during the marriage

The more things that the couple agrees on, the faster the proceedings will be, and future travel expenses could e avoided. Sometimes, the spouses live in different but neighboring states. In this case, it may be easier to participate in mediation sessions and attend court appearances.

A divorce lawyer can often play a leading role in the negotiation of a comprehensive settlement agreement. It’s also important to have an attorney that is fair, knowledgeable and able to provide assistance when needed. Feeling as if your lawyer understands what you’re going through is also preferable. Divorces are not an easy time for most people, and having a trusted advisor and attorney can help you feel more confident and relaxed.

If you’re looking for compassionate legal advice and assistance, call the Law Office of Joanne Kleiner at (215) 886-1266. We have over 25 years of experience in Pennsylvania family law, and our office is located in Jenkintown.