Joanne Kleiner & Associates

collaborative divorce

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.

Sep 05

Making the Collaborative Divorce Process Work

MAKING THE COLLABORATIVE DIVORCE PROCESS WORKIf your marriage has failed, but you don’t want to spend months or years bickering over the same things that brought the relationship to an end, you may have considered the collaborative approach to divorce, where all parties and their attorneys work to resolve any issues or disagreements without the intervention of the court. It can be an effective and less stressful process than a traditional divorce, but both parties (and their lawyers) have to be on board, and need to concur on a number of basic principles:

  • There needs to be a free and open exchange of information at all times — It will be difficult to reach a mutually acceptable solution if you try to hide information from the other parties. The more transparency you have, the smoother the process will be.
  • You need to be committed to listening, as well as advocating — The collaborative process is a two way street. Try to listen to your ex and understand his or her concerns.
  • All interactions should be as courteous and respectful as possible — Very little will be accomplished if you try to bully or dominate your ex.
  • You’ll have a better chance of moving forward if you leave the past behind — The past can’t be changed, and no amount of bringing it up will help resolve y our differences. Focus on where you are headed, not where you’ve been.
  • Put your children’s interests ahead of yours — Your children will probably be affected more acutely by the divorce than you will be, and they don’t have all the tools to cope. When making any decision, always ask first how it will affect your children, both in the short term and for years to come.
  • Always bargain in good faith — Deception or posturing has no place in the collaborative process. You’ll reach a better solution, and sooner, if you honestly seek a solution that works for everyone.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

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.