collaborative divorce

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.

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

If 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

A 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.

collaborative divorce

Understanding Collaborative Divorce