Law Office of Joanne Kleiner

collaborative divorce attorney

Jul 31

The Effects of the COVID-19 Pandemic on Collaborative Divorce Cases

How the COVID-19 Pandemic Has Changed Collaborative Divorce Processes

Although it’s too early in the COVID-19 pandemic to tell if being cooped up will cause more couples to file for divorce, more than 32% of married people said that the pandemic-related lockdowns, quarantine and isolation have harmed their relationships. Many divorce lawyers in Pennsylvania have anecdotally noted an increase in inquiries about initiating a divorce, and being stuck inside together may be the proverbial straw that breaks the camel’s back. If you’re already in the midst of divorce proceedings, the pandemic has also likely caused some changes in what you thought, or hoped, would be a smooth and speedy process.

Technology for Facilitating Discussions

When you need to discuss an issue with your divorce lawyer, you’ll probably rely on technology for it. Due to COVID-19, in-person meetings may not be an option. Instead, you may discuss the issue with your attorney over the phone or a video call. You’ll still maintain confidentiality and be able to get answers to your questions about the proceedings.

Remote or Virtual Meetings Instead of In-person Consultations

Before COVID-19, mediation for collaborative divorces took place in person, usually in a small conference or meeting room in the courthouse. Now, that option may not be available. Instead, you’ll likely use an app, website or software such as Zoom to have a secure meeting. If the court has facilities that will allow you to maintain social distancing while negotiating in person, you may be able to engage in face-to-face discussions. However, you’ll need to wear a face covering and prepare for long backlogs for accessing courthouse facilities and services.

New Areas of Disagreement Requiring Mediation

The COVID-19 pandemic may have brought about some new areas of disagreement that require assistance from your mediator. For example, if you or your ex-spouse is a health care worker or another type of essential worker, your custody preferences may change. If one of you has a health condition that puts you at a higher risk of developing a serious illness or dying from COVID-19, you may need to work on backup plans for guardianship, custody and visitation that you hadn’t considered before the pandemic. If you or your ex-spouse lost a job as a result of the COVID-19 shutdowns, you may have new areas to mediate around spousal support and the division of assets.

Increase in Stress and Anxiety

Many people are more stressed and anxious because of the COVID-19 pandemic. This affects your mood, train of thought, ability to focus and overall sense of well-being. When you’re stressed and anxious, it’s easier to lose your temper or be disagreeable. Keep in mind that the pandemic has had deep effects on mental health, and it may affect your ex-spouse differently than it affects you. You or your ex-spouse may be worried about job loss, securing food, getting sick or losing a loved one to COVID-19.

Postponement of Processes If a Party Becomes Ill

Sometimes, you need several meetings with your ex-spouse, his or her attorney and your lawyer as well as the court appointee to work through all of the areas of the disagreement. It’s possible that over time, one of the parties could become ill with COVID-19 or experience some other health problem. In such a case, you may be able to petition for an extension of the collaborative process.

If your needs or situation have changed due to the COVID-19 crisis, we can help. At the Law Office of Joanne Kleiner, we’re here to help you with updating your collaborative divorce agreement to change custody schedules, visitation and alimony or child support payments. The COVID-19 pandemic has caused an upheaval in many lives, and you can turn to us for help with alleviating some of the stress related to your divorce process or arrangements. To schedule a consultation with our Jenkintown, Pennsylvania, attorney, contact us online or call (215) 886-1266.

Jul 20

The Benefits of the Collaborative Approach to Divorce

The Benefits of the Collaborative Approach to DivorceA divorce proceeding is commonly perceived and contentious and messy, but it doesn’t necessarily have to be that way. After all, that will likely just end up costing you a lot of time and money. If you’re done, and you want to move on with your life, using the collaborative approach to divorce can speed up the process, cost you less money, and help keep your blood pressure down.

In the collaborative process, you’ll still be represented by legal counsel, but you and your attorney will agree with your ex and his/her counsel (usually in writing) that you’ll work together to resolve all your differences without the intervention of the court. Instead of spending your time and energy taking sides and trying to figure out how you can come away with as much as possible, you’ll be encouraged to work cooperatively with your ex to find mutually beneficial solutions. When dealing with complex or challenging issues, it’s not uncommon for parties in a collaborative proceeding to bring in experts, such as child psychologists, accountants or financial planners, to identify workable solutions.

As a part of the agreement, it’s typical that, should you be unsuccessful in your efforts and require an adversarial proceeding in court to settle any disputes, your collaborative process attorneys will withdraw from your case, so that you will need to hire new counsel for any hearings or proceedings involving the court.

If you are successful in the collaborative process, you’ll work with your ex and with attorneys to prepare and sign an agreement stating all the terms of your settlement. That agreement must typically be reviewed and approved by the court and entered into the record of your divorce.

Contact Us

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.

Feb 01

The Collaborative Divorce Process

Collaborative Divorce

If you know that your marriage is over, but you don’t want a long and nasty divorce proceeding, you may want to consider a relatively new legal process—the collaborative divorce process. Here’s how it works.

In the collaborative divorce process, both parties retain their own legal counsel. However, instead of using the traditional process, where counsel may use any means to further the interest of his or her own client, both the parties and their attorneys agree in advance that all matters will be resolved without the intervention of the court. Accordingly, the parties and their attorneys are encouraged to identify and implement cooperative solutions.

To accomplish this objective, it’s common for the parties to bring in outside experts for guidance. For example, to identify the most appropriate custody and visitation arrangements, the parties may turn to child psychologists or counselors, who may meet with children and parents, assess needs and skills, and make a recommendation. With respect to property distribution, the parties often hire financial planners or consultants to determine how the parties can fairly allocate debts and assets.

If the parties successfully resolve all matters without the intervention of the court, an order is typically drawn up and submitted to the court, to be signed by the judge. However, if the parties run into any insurmountable hurdles and must ask the court for guidance, each party must hire new legal counsel for any further representation.

The collaborative process offers a number of potential benefits. Because it avoids a lot of the typical pre-trial discovery, it can be less expensive and can be resolved more quickly than through the traditional divorce process. In addition, if the parties successfully complete the collaborative process, it can have significant benefits when dealing with any minor children.

Contact Us

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.

Nov 27

Is the Collaborative Divorce Process Right for You?

Collaborative Divorce

Your marriage has ended, but you’re just tired of the fight. You don’t want to simply capitulate to be done with the relationship, but you don’t want a long, protracted fight, either. Have you considered the collaborative approach to divorce?

The Collaborative Approach to Divorce

The collaborative approach to divorce is an alternative that can save you time, money and hard feelings moving forward. It looks a little bit like mediation, but has some distinct differences.

In a collaborative divorce proceeding, you and your ex-spouse agree up front to resolve all your differences without the intervention of the court. That means that you, your lawyers, your ex and his/her lawyers all agree to seek cooperative and mutually beneficial solutions to all issues related to the divorce, from custody and visitation to child or spousal support and the equitable distribution of the debts and assets of your marriage.

At the onset of a collaborative divorce proceeding, you’ll usually enter into a “collaborative law participation agreement,” a contract that requires that you:

  • Negotiate all issues in good faith, seeking solutions that are beneficial and acceptable to all parties
  • Focus your energies on where you will go, not where you’ve been
  • Put the best interests of any minor children as a top priority in custody and visitation matters

Because you’ve agreed to attempt to resolve matters without the intervention of the courts, such matters as the division of the marital estate and the best arrangements for custody and visitation are often determined by consulting experts. In the collaborative process, it’s not unusual for the parties to retain a financial planner to propose a fair allocation of property or a child psychologist to suggest the best approach for custody and visitation.

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. 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.

May 31, 2012

The Collaborative Divorce Process in Pennsylvania

Collaborative divorce is an alternative to litigated divorces that resolves your issues through cooperation with your ex-spouse — and takes places entirely outside the courtroom. The collaborative divorce process forms a team of the spouses, their attorneys and other professionals to address the unique needs of your family. The cooperative dynamic of collaborative divorce gives you a better chance for a positive outcome than litigation, in which a judge ultimately decides the issues for you.

The collaborative divorce process offers many advantages over litigation because it:

• Creates an atmosphere for civil negotiation and cooperation
• Involves other professionals to address more than just legal concerns
• Develops a financial plan to address future concerns
• Addresses each spouse’s emotional concerns
• Develops co-parenting plans for divorces involving children

The collaborative divorce process is based upon the spirit of cooperation. In fact, the first action in a collaborative divorce is a commitment by both parties and their attorneys not to involve the court in the process. This commitment is fundamental to the process and key in creating the cooperative atmosphere necessary to make collaborative divorce successful. Collaborative divorce is different than mediated divorce, in which a neutral mediator helps to resolve your issues. In the collaborative divorce process, the parties, though working cooperatively to achieve a negotiated settlement, are not neutral. Each party’s collaborative divorce attorney provides their client with independent legal advice regarding any proposed agreements. Should you or your ex-spouse opt to go to court, however, the process ends and both attorneys must withdraw.

Talk to a Pennsylvania collaborative divorce attorney today

Collaborative divorce has increased in popularity because it is a non-litigated approach to divorce aimed toward resolution for both parties. To learn more about the collaborative divorce process contact us online or call (215) 886-1266 to schedule a consultation.