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Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

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Aug 12

Collaborative Divorce vs. Mediation

Comparing and Contrasting Mediation and Collaborative Divorce

Man toying with wedding ringIf your marriage isn’t working, but you don’t want to go through the bitterness and recriminations that often accompany the traditional divorce process, there are options, including mediation and the collaborative approach to divorce, that will allow you to resolve your difference in a more amicable fashion. You may have heard about these processes, but be unfamiliar with the differences between them. Here’s a comparison of mediation and collaborative divorce.

In mediation, a neutral third party (the mediator) is brought in to facilitate resolution of all disagreements. The mediator does not represent either party and has no vested interest in a particular outcome. As a general rule, the mediator does not weigh evidence, take testimony from witnesses or render any opinion. In some states, the parties may be represented by attorneys, and in other states, attorneys are generally involved only in an advisory role. The parties to mediation can typically reject any proposal or counteroffer from the other party, and typically put all agreements in writing. Mediation is usually less expensive than the traditional divorce process, and can be completed within a fairly short period of time.

In the collaborative process, the parties retain their own legal counsel, but work amongst themselves to find solutions, agreeing to resolve their differences without the intervention of the court. Whereas mediation involves a scheduled proceeding, where parties state their positions and try to come to a resolution, the collaborative process can take place over a period of weeks or months. Often, the parties will engage experts to help resolve issues such as child custody or the division of marital property. If the parties must turn to the court to resolve a dispute, they are usually required to terminate their existing attorney-client relationship and hire new counsel.

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At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Jul 14

More Men Receiving Alimony

Increase in Spousal Support for Stay-At-Home Dads

Divorced manThough national statistics still show women lagging substantially behind men in average earnings, more and more women are out-earning their husbands, and in many instances, families are opting to have the father stay at home with children because of the greater earning potential of the mother. As that trend has increased, so has another–that of stay-at-home dads successfully seeking spousal support in a divorce proceeding.

Most family law experts say that, as gender roles in society have become less delineated, the demand has been that the courts take a more gender neutral approach to divorce, custody and support. They acknowledge, though, that the legal system has been and remains, to a significant degree, biased against men in family law matters. Even though the “tender years doctrine,” the premise that mothers are biologically more skilled at nurturing small children, has been rejected nationwide, many judges (who are mostly men) still balk at the idea of a woman paying a man any level of support, even if the woman earns ten times as much as the man.

Experts also say that cultural stereotypes come into play. Many men who might have a legitimate claim for alimony, who have given up a lesser paying career to stay home with children, often don’t seek spousal support in a divorce because of the cultural perception that it would not be very “manly” to accept payment from a woman.

Not surprisingly, as more and more women out-earn their husbands, legal experts have seen a dramatic increase in the number of women asking for a prenuptial agreement. In a recent study, more than half of all family law attorneys polled said they had seen such an increase.

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At the law office of Joanne E. Kleiner & Associates, we have protected the rights of men and women in and around Philadelphia for more than 25 years. Let us help you successfully resolve your family law problems. To schedule an appointment with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

Jul 09

Supreme Court Decision in Alabama Same-Sex Marriage Case Sends Message

Is Justice Thomas Correct? Is Supreme Court Clearing Way for Same Sex Marriage?

Two men holding handsIn a scathing dissent, Justice Clarence Thomas of the United States Supreme Court complained that the high court’s refusal to block the ruling in a federal district in Alabama, invalidating that state’s ban on same-sex marriage was tantamount to paving the way for gay marriage nationwide. Many legal experts agree. Judge Callie V.S. Granade, of the Federal District Court for the Southern District of Alabama, held the state’s laws prohibiting same-sex marriage to violate the U.S. Constitution.

Legal authorities across the country believe that Thomas is correct, that in light of its recent actions, the Supreme Court has decided not to interfere with the trend toward nationwide legalization of same-sex marriage. In the last six months, the high court has refused to hear appeals from numerous states where same-sex marriage bans were found to be unconstitutional. During that time period, the number of states permitting same-sex marriage has grown from 19 to 37.

Though the high court has ruled on the Alabama law, the matter is far from settled there. In actions reminiscent of the state’s belligerent opposition to civil right in the 1960s, top public officials have ordered probate judges to ignore the Supreme Court ruling. Alabama Supreme Court Chief Justice Roy S. Moore ordered Alabama probate judges on Sunday not to issue marriage licenses to same-sex couples. Thus far, probate judges in 52 of Alabama’s 67 counties have complied with Judge Moore’s order. Many same-sex marriages were held, though, in the 15 counties where license were issued.

In Justice Thomas’s dissent, he contended that the Supreme Court decision, in United States v. Windsor, which in 2013 invalidated some provisions of the federal Defense of Marriage Act as unconstitutional, did not resolve all issues. He argued that the status quo should have remained in effect in Alabama until those questions were addressed by the high court. In his opinion, the court’s refusal to hear appeals amounted to “acquiescence” and “a signal of the court’s intended resolution of the question.”

Contact the Law Office of Joanne E. Kleiner & Associates

Let us help you successfully resolve your family law problems. To schedule an appointment with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

Jul 01, 2015

Divorce Rates Decline

Changing Social Trends Contribute to Drop in Divorce

One of the initial consequences of the women’s liberation movement and the increased economic and social opportunities for women that evolved in the 60s and 70s was an increase in the national divorce rate, as many women who had previously felt “trapped” in a marriage decided that they could get out. As a result, divorce rates in the United States in the late 70s and early 80s hit rates of 50-55%. That trend has changed though, over the last 20 years. Currently, the national divorce rate is just over 40%.

Experts say one of the key factors in reducing the divorce rate is that people are waiting longer to get married. Authorities have long known that divorce rates were much higher among people who married at a very early age. They cite a number of factors as contributing to the decision to postpone marriage:

  • Increased academic opportunities–In the last 20 years, a college education has become a standard expectation for many people. Most decide to wait until after graduation to get married, even if they have met their future spouse. In a study conducted by the Pew Research Center, nearly twice as many people who got married in 2012 had college degrees, as opposed to a high school education.
  • Focus on careers–The modern trend, especially with more educated people, is to focus on a career first, then consider marriage. In fact, in some states, including New York and New Jersey, the average age of persons marrying for the first time is close to or above 30 years of age.

Experts say that waiting to get married reduces the likelihood of divorce for a number of reasons. First, spouses tend to be financially healthier–financial problems are routinely cited as one of the principal reasons for divorce. In addition, waiting allows for greater emotional maturity and less focus on fleeting factors, such as physical attractiveness.

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Let us put our commitment, experience and dedication to work for you. To arrange a confidential meeting with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

Jun 24, 2015

Same Sex Divorce Follows Same Sex Marriage

Same – Sex Marriages No Different – Some Work and Some Don’t

In a study conducted by the Williams Institute, through the University of California at Los Angeles, researchers concluded that, while same-sex divorce rates are currently lower than in heterosexual marriages, the rates will probably be comparable within about 10 years.

The study considered about 150,000 same-sex couples–the number that had filed legal documents for either marriage, domestic partnership or same-sex civil unions. Officials say that this represents about 20% of those who acknowledged in census reports that they were living in a same-sex relationship. According to the study, about one percent of those who had filed some type of registration had subsequently sought to legally dissolve the relationship (compared with two percent of heterosexual marriages that annually end in divorce).

Researchers believe, however, that the divorce rate among same-sex couples will continue to rise and will likely equal that of heterosexual marriages within a few years. They argue that the first group of gay marriages were typically among people who had been partners for extended periods of time, so there was already a dynamic of partnership and longevity. Accordingly, most parties to same-sex marriage have been older, more financially stable, and more emotionally mature. However, as same-sex marriage becomes a legally and socially acceptable option, it will naturally involve more and more people with the same problems that lead to heterosexual divorce–immaturity, lack of financial resources, and lack of commitment.

Researchers noted that the numbers may be somewhat skewed, as until recently many states have not had the capacity to distinguish same-sex divorce filings from heterosexual divorce filings. Additionally, judges in some states have been reluctant to consider divorce proceedings in a same-sex case, where the parties were married in a state that allowed gay marriage, but are seeking divorce in a different state. The Missouri Supreme Court only recently ruled that judges there had the authority to consider a divorce petition by a same-sex couple married in Iowa. The state’s ban on gay marriage was ruled unconstitutional in November, 2014, but the matter is still unresolved.

Contact Attorney Joanne E. Kleiner

Let us help you find a workable solution to a marital property dispute. Contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.