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Jul 11

What You Should Expect From a Collaborative Divorce

What the Collaborative Divorce Process Involves

While divorces can be messy and time-consuming, it’s possible to avoid some of the frustrations that come with divorce by obtaining a collaborative one. In 2017, there were more than 787,000 divorces, which equates to a rate of 2.9 for every 1,000 people. If you’re seeking a divorce and you would like to explore the collaborative process, our divorce lawyer can help you understand more about this method and what it entails.

What Is a Collaborative Divorce?

This is a type of divorce that’s designed to eliminate the need to go to court by negotiating many of the issues that the divorcing couple has. This process can involve a series of negotiations in order to come to an agreement that both spouses agree on. Certain courts require the divorcing parties to attempt a collaborative divorce before going through with the litigation phase of the divorce, which occurs in court before a judge.

If the issues that you are having with your spouse are somewhat minimal in nature, this type of divorce may be possible for you and will allow you to avoid the lengthy process that comes with a court divorce. Everything from child custody and child support to property division can be negotiated during collaborative divorce proceedings.

What Are the Advantages of a Collaborative Divorce?

The benefits of obtaining a collaborative divorce as opposed to a contested divorce are numerous, the primary of which is that you will be able to save both time and money. When a divorce goes to court, there’s no way to be certain about when the divorce is going to be finalized. A collaborative divorce is much more straightforward with a timetable that’s dependent mainly on how fast you and your spouse are able to come to an agreement.

These proceedings also take place in an informal setting, which should be able to keep tempers from flaring while discussions are ongoing. It’s also important to understand that a collaborative divorce is one where you and your spouse have a substantial amount of control over the results of the divorce. When a divorce goes to court, the judge will have almost complete say over how your property is divided and what kind of spousal support is allotted. By making an agreement during a collaborative divorce, you may be able to avoid an unfavorable result for either party.

Collaborative Law Divorce Process

The collaborative divorce process begins with the hiring of attorneys who are familiar with this area of the law. Each party will hire their own attorney who understands how to progress through the mediation process. In many cases, the spouses will then speak with their attorneys privately to let them know exactly what they want from the mediation. While it’s possible that compromises may eventually need to be made, having a list of “demands” at the beginning will provide the attorney with a good starting point for the negotiations. To avoid prolonging the negotiation process, many spouses choose to provide their attorneys with lower limits that they are willing to accept. For instance, a spouse can demand weekly child support of $250 but set a lower limit that they are willing to go to of $150.

Both spouses will then meet along with their attorneys, which is a four-way meeting that will occur on a regular basis as negotiations continue. In the event that an agreement is proving to be difficult in some matters, it’s possible that a licensed mediator can be brought in to handle the negotiations. Once an agreement has been reached on all the particulars of a divorce, both spouses and their attorneys will be required to sign an agreement to avoid contesting their settlement in court, which denotes that the attorneys will remove themselves from the case if it continues to litigation despite the agreement. At this time, divorce papers can be filed, which can make for a very straightforward and seamless procedure.

If you’re thinking about starting the divorce process, call our divorce lawyer in Jenkintown today at (215) 886-1266 to schedule your first consultation and to learn more about the services we offer.

May 02

The Pros and Cons of a Nesting Divorce Plan

Can Nesting Work After a Divorce?

An estimated 50 percent of kids in the U.S. will see their parents go through a divorce. If this is happening to you and your spouse, you may be wondering how to help your kids through the transition. One option is to set up a nesting divorce arrangement with help from a Jenkintown divorce lawyer. 

What Is a Nesting Divorce Plan?

Nesting is a co-parenting arrangement that involves keeping the family home and letting the kids live there full time. It’s an alternative to moving them back and forth between the homes of two exes. 

In this situation, you’ll rent another space or two if you have the budget. You and your ex will be the ones to shift where you’re sleeping. Here’s how it works:

  • When it’s your time with the kids, you’ll move into the family home while your ex lives in the rented space.
  • When it’s your ex’s turn to be with the kids, he or she will move into the family home while you live in the rental.
  • You’ll continue to swap your shared living arrangements until your kids are old enough to be on their own or you can no longer sustain the lifestyle.

Not as Easy as It Sounds

Even if you and your ex are the ones moving in and out of the family home, you’ll need to be on good enough terms to establish a parenting plan. On its own, nesting doesn’t take the place of a plan or your time-sharing agreement.

Finances will be one major factor. You’ll need to decide who will pay for what and how. In addition to creating a regular schedule, it’s important to also work out who will be in the family home on weekends and holidays.

The Benefits of Nesting

You may benefit financially by keeping the family home and renting another small space to share. Living expenses are typically the biggest cost most people incur following a divorce. Along with the cost for the living space, you will also save on utility bills, cable/internet and other general living expenses. 

The emotional well-being of your children is another benefit of nesting. Shared living arrangements can be a lot easier on kids, especially if you have teens. Even though teens will have a better understanding of the situation, they might not like adjusting their living arrangements. Keeping children in the family home will ensure that they go to the same school and have the same friends. This may bring about better mental and emotional stability. 

The Downside to Nesting

The downside to keeping the family house is that you’ll still be tied to your ex in a very real way financially. When you sell the house and take separate paths, you’re creating a clean break. Child support would still be a factor but just until the kids are grown. Keeping the house is a much closer connection. 

Furthermore, simple matters like paying the cable bill can become major arguments. You may also run into big expenses such as the home needing a new roof or experiencing a flooding problem. In many cases, ex-couples will have to find a way to compromise on the finances. 

You’ll also need to work out child support. This can be especially tricky if you’re living in the same place. Dealing with the finances regarding food and the other shared residence expenses is another sticky challenge. 

The emotional side effect of sharing a home may be a problem as well. Are either of you planning to date? Will you bring someone home? You’ll have to decide how to work these issues out. 

A Jenkintown Divorce Lawyer Can Help You Navigate Your Divorce

If you’re considering a divorce, then let us help. At Joanne Kleiner & Associates in Jenkintown, we can help you set up a divorce nesting plan or a split involving a complete separation. Call our office at (215) 886-1266 to set up an appointment.

Apr 29

Can You Benefit From a Collaborative Divorce?

Is a Collaborative Divorce Right for You?

Dealing with a divorce is never fun, but it does not have to be frustrating and upsetting. Thanks to the innovative techniques of collaborative law, it is possible for divorcing couples to compromise and find win-win solutions. While the average collaborative split is completed four times faster than a litigated divorce, there are a few things you need to consider before deciding if you want to go with this option.

What Is a Collaborative Divorce?

Before you can decide if you want to follow this route, it is helpful to learn a little about what a collaborative divorce is. This type of separation uses concepts from mediation and traditional court divorces. It involves each party getting their own attorney, signing a contract agreeing to work together without involving the court, and then meeting with financial, legal, and child care specialists to negotiate a mutually beneficial agreement.

Does Divorce Type Affect Collaboration?

If this sounds good to you, it is time to figure out whether you qualify for a collaborative divorce in Pennsylvania. In the commonwealth of Pennsylvania, divorces can be divided into three basic categories:

  • Mutual consent divorces where both people agree to the split
  • At-fault divorces where one party is in the wrong
  • Separation divorces where the couple has been separated for at least two years

Legally speaking, a divorce based on mutual consent or spouses living separately can be done collaboratively. By definition, an at-fault divorce requires a hearing before a judge to prove that one spouse is at fault. Therefore, you cannot get a collaborative divorce if you want to pursue this route.

Does Your Spouse Have to Agree to Collaboration?

Like the name implies, this style of divorce only works when both parties are willing to collaborate with each other. You and your spouse both have to agree to work together without involving the court. This means that you might have to put aside old arguments or hurt feelings. For the process to work properly, you both need to be ready to communicate with each other. A collaborative divorce is more likely to work when both parties want to cooperate with each other and focus on providing for their children’s well-being and equitably splitting joint property. Though a collaborative divorce is a great option, it usually will not work if one partner is abusive, does not want a divorce, or wants to make things unpleasant for their ex. If you try a collaborative divorce with someone like this, you may end up having to give up, get new attorneys, and settle the situation in court. 

Do You Prefer a Convenient and Cost-Effective Divorce?

The final step in deciding if a collaborative divorce will work for you is figuring out whether you want to receive the benefits of working with a collaborative divorce lawyer. Statistics show that a typical litigated divorce will cost around $14,000 to complete. The average collaborative divorce will cost closer to $9,000. If your main goal is getting back at your spouse or taking all their money, collaboration is not for you. However, you may decide to work with a collaborative divorce lawyer if you want to:

  • Save time and money on your divorce
  • Avoid a court case where you have to share personal information in public
  • Create an agreement that works for you and your family
  • Find unique solutions instead of having a judge give you a one-size-fits-all ruling
  • Keep a positive and emotionally healthy mindset
  • Avoid petty arguments and accusations

Situated in Jenkintown, Joanne Kleiner & Associates is committed to helping the residents of Montgomery, Bucks, and Philadelphia counties with the divorce process. Our lead attorney has spent over 25 years refining collaborative law and other techniques that help provide a more efficient, stress-free, and budget-friendly divorce. Give us a call at (215) 886-1266 or fill out our online contact form to learn more about how we can help you.

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.