Law Office of Joanne Kleiner

collaborative divorce

May 08

Why You Should Try Divorce Mediation

Explore the Benefits of Divorce Mediation

Since it has a high success rate, mediation is one of the most effective forms of handling a divorce. Why does mediation work so well? More and more couples are choosing this process because it provides several benefits.

The Whole Process Is Faster

If you just want your divorce to be over with, mediation is the way to go. One of the big benefits of mediation is that it’s far quicker than going through the courts. When your case is decided in front of a judge, you must wait months for your court date. Depending on your situation, you may have to wait weeks while you file paperwork and send documentation back and forth. Mediation is a lot more straightforward. You schedule your meetings, attend each session for an hour or two, and then go on your way. In most cases, mediation is completed in four to 10 weeks.

You Have Less Stress

Of course, a good divorce lawyer will manage a lot of the difficult parts of the process for you, but it’s still stressful to have to go to court and argue your case in front of a judge. Since mediation is more cooperative, it has an entirely different tone. You don’t have to feel like the law is getting involved, and you don’t have to feel like you’re having a confrontation. Instead, it’s simply you and your estranged spouse sitting down with a few helpful advisors while you figure things out.

Your Discussions Are Confidential

Court proceedings typically become a matter of public record. If you have a contentious divorce, all your dirty laundry gets aired to the public. Anyone who is interested can pull court documents and learn about your relationship and your finances. If this sounds too awkward for you, you should try mediation. Mediation is a private matter. If desired, you can even negotiate nondisclosure agreements to further safeguard your privacy.

Your Children Are Less Affected

If you have children, mediation is especially helpful. By working with the other parent, you maintain a more positive relationship with your co-parent. Mediation reduces the chances of an acrimonious divorce that can lead to years of disagreements with your child’s other parent. It also keeps your kids from being involved. They don’t have to testify in court and feel like they’re getting dragged into your disagreements with their other parent.

It’s More Affordable

If you’re worried about losing money in a divorce, mediation is a good option. Divorce mediation costs are usually around 40% to 60% lower than traditional divorce costs. Part of this is due to the simplicity of mediation. You don’t have to hire a divorce lawyer to carefully prepare court arguments and spend hours negotiating with your ex’s divorce attorney. Mediation is also more affordable because it’s over faster and has fewer court filing fees associated with it.

You Have More Control

If you decide to take your estranged spouse to court for a divorce, you end up relying on the judge’s discretion. The court will decide what it deems fair and make a ruling you’re legally bound to follow. This can lead to problems like your spouse ending up with the house you renovated or you obtaining one of your spouse’s family heirlooms. If you want to avoid these issues, mediation is a good idea. You’re entirely in control, so you get to decide how your assets should be divided. You can also make more flexible arrangements regarding issues like pet custody or reduced child support.

Mediation is definitely simpler and less contentious, but it’s still a good idea to have a knowledgeable lawyer on your side. At the Law Office of Joanne Kleiner, we can help guide you through the mediation process. Our Jenkintown team is here to handle the paperwork, collect evidence for you and represent your side of the story. We can oversee everything from child custody to alimony. To learn more about our services, call (215) 886-1266, or fill out our contact form.

May 04

How Do Traditional Court Divorces Differ From Collaborative Divorce?

How Do Collaborative and Traditional Divorce Differ?

It’s never an easy decision to seek a divorce. However, there are different options available for couples who find that they can no longer salvage their marriages. Traditional court divorce and collaborative divorce are among them, but it’s helpful to know the differences between them.

What Is Traditional Divorce?

With a traditional divorce, one spouse files for divorce against the other while the other spouse may not want the divorce at all. This often leads to court proceedings. When there is a lot of animosity between the parties, it can lead to an emotional, long, drawn-out situation that’s uncomfortable. This is especially the case if the marriage involves children.

After one spouse files for divorce, the other is served the papers and is required to answer. The reason for the divorce that is usually specified by the plaintiff in a no-fault divorce is that the marriage has irretrievably broken down, although there are a number of “fault” grounds such as adultery if that is the path that is taken.

A traditional divorce involves disputes over many different matters within the marriage. It’s common for couples to disagree on issues like property division, spousal support or alimony, child custody and child support.

In traditional divorce proceedings, each spouse will likely want to have a divorce lawyer to represent them. The attorneys work hard to help the parties through the most important matters they cannot agree on. A judge makes the final decision on how property is distributed through the state’s equitable distribution laws. This means that all marital property and assets are divided fairly but not necessarily equally.

What Is Collaborative Divorce?

Collaborative divorce is an alternative option for ending your marriage. If the couple has an amicable split, collaborative divorce can work as it allows them to work together with their respective family law attorneys to decide on all the pressing issues within the marriage. While working together, you can ultimately come to a settlement that works for you and your spouse.

Negotiation is the key to a collaborative divorce proceeding. The spouses and their respective lawyers have periodic meetings until they are able to reach an agreement and a settlement. However, with collaborative divorce, if you aren’t able to settle all matters and you proceed to litigation, your attorneys are required to withdraw from the case, you each will have to hire a new divorce lawyer, and your case ends up going to court.

How Do These Two Options Differ?

Traditional court divorces and collaborative divorce are considerably different. Collaborative divorce can only occur when a married couple is open to working together to settle things. It’s a better option for getting a divorce faster and is better as a whole for your family. It’s called “collaborative” because of the way that both parties work together.

Collaborative divorce is often confused with divorce mediation. While both give couples the option of working together to settle their divorce, collaborative divorce does not involve a neutral third party to help the parties reach an agreement. Legal advice comes from the attorneys, which is something this method shares in common with traditional divorce. Other professionals might also be brought in to assist in helping the parties reach an agreement on specific matters. These professionals have expertise in areas of concern within the marriage such as a financial advisor or child psychologist.

With a traditional divorce, it’s common for the spouses to argue and have heated battles on issues. Collaborative divorce allows for the free exchange of information while agreeing to work together to settle things. It is also generally a less-costly process than a traditional court divorce.

Is Collaborative Divorce Right for You?

Collaborative divorce might be right for you if you and your spouse are willing to work together to negotiate all the terms of the end of your marriage. If you want a process that’s faster, private and confidential and that protects your children, you can benefit from this alternative method. Collaborative divorce allows you and your spouse to both take control over the eventual outcome and settlement.

If you live in or near Jenkintown, Pennsylvania, and are interested in learning more about the collaborative divorce process, give the Law Office of Joanne Kleiner a call at (215) 886-1266. You can also contact us online, and we’re happy to set up an appointment for you.

Nov 01

Answers to Questions About Collaborative Divorce

Collaborative Divorce in Pennsylvania: FAQs

According to a 2019 statistical survey, Pennsylvania’s divorce rate is 2.6, meaning an average of 2.6 residents out of 1,000 end their unions each year. But every dissolution of a marriage doesn’t have to be War of the Roses 2.0, and increasingly, people are choosing the collaborative divorce route.

What Is a Collaborative Divorce?

A collaborative divorce is an excellent option for people who want to avoid court. Instead of attending hearings in front of a judge, the two parties use mediation and joint negotiations to craft an agreement. When both parties sign the terms, the lawyers oversee the legal legwork, and nobody ever has to step foot into a courtroom.

When Was Collaborative Divorce Legalized in Pennsylvania?

Gov. Tom Wolf signed the Pennsylvania Collaborative Law Act on June 28, 2018. The statute made collaborative divorce a viable option in the Keystone State.

Can We Use One Lawyer in a Collaborative Divorce to Save Money?

No. Although both attorneys work together in collaborative divorces, each party needs their own divorce lawyer to represent their best interests. Otherwise, conflicts of interest could arise.

What Other Professionals Are Involved in the Collaborative Divorce Process?

In some cases, a team of experts may be brought in to facilitate negotiations. Typically, accountants or investment planners participate in the process. If you need to establish a co-parenting schedule, you may want to enlist a child psychologist or counselor.

Are Collaborative Divorce Negotiations Confidential?

Yes. In the overwhelming majority of cases, collaborative divorce negotiations are confidential. Moreover, both parties agree to not file court pleadings unless the process proves unsuccessful.

What Are the Stages of Collaborative Divorce?

Each divorce is different, so it’s impossible to give a play-by-play of how every divorce will unfold. Some couples may only need to go through four stages to get it done, and others may need eight. But the average collaborative divorce case cycles through the following six steps.

  • Step 1: Hire lawyers
  • Step 2: Sign the collaborative divorce agreement
  • Step 3: Choose the professional team that will participate in negotiations
  • Step 4: Engage in discussions and meetings
  • Step 5: Sign the divorce settlement
  • Step 6: Lawyers prepare the papers for the official divorce documents

How Long Will a Collaborative Divorce Take?

Again, every case is different. Some people are able to finalize their divorces within a few weeks, and others take months. The process is significantly shorter if you don’t have kids or many assets. Generally speaking, however, collaborative divorces move at a faster clip than litigation.

What Are the Benefits of Collaborative Divorce?

Collaborative divorce has many benefits, including:

  • More control over the process
  • No court-related scheduling issues
  • Increased confidentiality
  • Less stress/more amicable

For some families, the collaborative divorce process proves easier on the children.

What’s the Difference Between Collaborative Divorce and Mediation?

The mediation and collaborative divorce processes are very similar. The main difference is that third-party negotiators guide mediations, and collaborative divorces involve lawyers.

What Happens If Collaborative Divorce Negotiations Don’t Work?

If you and your spouse go through the collaborative divorce process and cannot reach an agreement, you can dissolve the negotiations and head to court. If you take that route, however, both of you must obtain new lawyers, as the original attorneys are required to withdraw.

Do Collaborative Divorces Cost Less Than Traditional Ones?

Each situation is different. For many people, collaborative divorces cost less than litigation. But if the negotiations are complicated, the price tag for both could be comparable.

For some Pennsylvania couples, collaborative divorce may be the way to go. To explore your options, consider speaking with a divorce lawyer at the Law Office of Joanne Kleiner. You can reach us by calling our Jenkintown office at (215) 886-1266.

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.

Oct 15

How to Get a Divorce Quickly

Ways to Quickly Finalize a Divorce

Getting a divorce can be an emotionally trying time for both parties involved as the marriage comes to an end. The risk of divorce is between 42-45%, which means almost half of all married couples have to endure the process. If you want to move on with your life and get a divorce quickly, there are a few critical steps to take.

Put Everything in Writing

All agreements need to be put into writing to ensure that no one changes his or her mind or goes back on his or her word whether it involves dividing assets or child custody. Creating a written agreement can prevent delays and complications even if you’re getting along with one another. It’s also necessary to collect specific documents to finalize the divorce. You’ll need to obtain your children’s birth certificates, your marriage certificate, the prenup agreement if there is one, your mortgage papers, portfolios and joint bank accounts. By staying organized, you can save extra time and avoid additional conflict.

Consider a Collaborative Law Divorce

Collaborative law divorce is one of the types of divorces available and can allow you to reach agreements outside of court. Not only could it make the process smoother and quicker, but it could also save you money. Similar to mediation, it involves a third party and includes negotiations to finalize the divorce. You won’t have to worry about the decisions that are made being imposed by the court. It can take place in an informal setting and include an honest exchange of information. Each person will need to hire his or her own attorney. Communicate to the legal representative what you want, but keep in mind that you’ll still need to compromise and remain flexible during the negotiation process. A licensed mediator may also need to be used if it becomes difficult to reach agreements. The process of a collaborative law divorce also includes meeting with other professionals, like child therapists and financial advisors, to receive additional information for your situation.

Remain Honest

Many people are prone to bending the truth while getting a divorce as a way to protect themselves. Unfortunately, a lack of transparency can be detrimental to your case if you fail to remain honest with your ex and his or her lawyer. You’ll need to completely disclose all your financial information and avoid moving money around or hiding it. If you’re caught lying, you can lose custody of your children and even some of the assets that are in the process of being divided.

Keep the Children in Mind

It can be easy to neglect kids while getting a divorce because many people focus on their own pain and trauma, which can lead to issues that lengthen the process of getting a divorce. Children can also experience the same effects, which makes it necessary to keep them in mind with each decision that is made when you’re separating from your spouse. Their well-being should be the top priority when working out the details of the child custody arrangement or dividing assets. It’s also important to avoid complaining about your spouse, which can negatively affect your kids and how they view the other parent. Consider investing in a therapist for both you and your children to ensure you can heal and move on quickly.

Make Communication a Priority

Although your marriage may have deteriorated, it doesn’t mean that you can’t engage in proper communication with your former spouse. Working together to complete the divorce can help avoid tension and conflict. Your spouse will be more willing to negotiate if he or she already has been communicating with you. Reaching an agreement on some of the main aspects of the divorce can allow it to be finalized more quickly.

Contact the Law Office of Joanne Kleiner in Jenkintown at (215) 886-1266 to find out more about how you can get divorced quickly. With the help of a family attorney, you can learn more about your rights and have the assistance of a legal professional who can help you navigate the process.