Law Office of Joanne Kleiner

collaborative divorce lawyer

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.

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.

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.

May 17, 2012

Types of Divorce in Pennsylvania

Divorce law in the Commonwealth of Pennsylvania provides for many approaches to divorce, as follows:

• Uncontested divorce. When spouses in a divorcing couple can agree on all the issues and do not site fault grounds, they file for an uncontested divorce.

• Contested divorce. A divorce in which the spouses disagree on issues such as child custody, visitation, spousal support and property division is contested. In a contested divorce you go to court to resolve the issues. A contested divorce can be an expensive and drawn-out process, and requires the assistance of an experienced Pennsylvania divorce attorney to get through the process.

• Collaborative divorce. A collaborative divorce allows couples to resolve their differences without going to court. In a spirit of cooperation, the spouses negotiate an agreement on the issues, and both parties are represented and advised by separate collaborative attorneys. Collaborative divorce is a completely voluntary process, and if either spouse opts to go to court, the process ends and the attorneys withdraw.

• Mediated divorce. Divorce mediation is a process in which a neutral third party helps the divorcing spouses to resolve disputes on the issues and reach an agreement.

• Legal separation. Pennsylvania has no such status as legal separation. However, a divorce attorney can prepare a separation agreement for you. The separation agreement is a legally binding document that offers protections for both spouses during the separation. The agreement can include provisions on property division, support and custody, and any issues covered in a divorce decree.

You don’t have to face a divorce alone

Each family is unique and has its own special needs. An experienced divorce attorney can help you determine the best approach to divorce for your family. Contact us online or call (215) 886-1266 and schedule a consultation to discuss your divorce needs.