Law Office of Joanne Kleiner

Amicable Divorce Attorney

collaborative divorce

Jul 12, 2023

Choosing the Right Mediator for Your Amicable Divorce

When couples choose to pursue an amicable divorce, they often are able to significantly avoid stress and promote healthy resolutions. One crucial element in achieving a successful amicable divorce is finding the right mediator. Mediators are trained professionals tasked with helping couples navigate the divorce process by facilitating open communication, fostering compromise, and guiding them towards mutually beneficial agreements. 

In an amicable divorce, a mediator plays a vital role in guiding couples through the process by acting as a neutral third party, facilitating communication, and helping spouses find common ground. Mediators are trained professionals skilled in conflict resolution techniques, and they work to create an environment conducive to productive discussions. By understanding their unique approach, couples can make an informed decision about engaging a mediator for their amicable divorce.

Every divorce situation is unique, and couples should assess their specific needs and goals before choosing a mediator. Consider factors such as child custody arrangements, property division, financial agreements, and communication dynamics. Understanding your priorities and expectations will help you find a mediator who can address your specific concerns and guide you towards desired outcomes.

A mediator’s qualifications and experience are key factors in determining their suitability for your amicable divorce. Look for mediators with relevant training, certifications, and experience in handling amicable divorces and related family law matters. Consider their professional memberships and commitment to ethical standards to ensure they adhere to the established guidelines and best practices of an amicable divorce.

Woman sitting across from man with a laptop in a professional setting.

Familiarize yourself with the typical steps involved in the mediation process. From the initial meeting to the final agreement, mediators guide couples through discussions, helping them navigate issues such as child custody, asset division, and financial arrangements. Understand the importance of confidentiality, voluntary participation, and the mediator’s role in facilitating productive dialogue and finding common ground.

Choose a mediator who specializes in amicable divorces and cooperative dispute resolution. These individuals have specific expertise in preserving relationships, promoting healthy co-parenting, and facilitating mutually satisfactory resolutions.

Weigh all the factors discussed above, including qualifications, experience, compatibility, and cost, to make an informed decision. Trust your instincts and choose a mediator who aligns with your values, needs, and goals. Remember, selecting the right mediator is crucial for a successful amicable divorce, as they will guide you through the process and help you achieve a positive outcome.

At the Law Office of Joanne Kleiner, our team has plenty of experience helping people to divorce outside of court. Our clients can count on us to make the process as simple, fast, and stress-free as possible. To set up a free consultation with a Jenkintown divorce lawyer, call 215-886-1266 or email us today.

Jul 07

Financial Considerations in an Amicable Divorce

Divorce is a challenging life event, but it doesn’t always have to be adversarial and ugly. In an amicable divorce, couples work together to end their marriage in a respectful way, focusing on good communication and understanding. One important aspect of an amicable divorce is dealing with the financial side of things.

Before starting the divorce process, it’s important for both of you to understand your financial situation. This means having a comprehensive understanding of your assets, liabilities, income, and expenses. Take the time to gather and organize all the relevant financial documents, like bank statements, tax returns, and property ownership documents. Having a clear picture of your finances will help you make smart decisions and work out a fair settlement.

Female hand shaking male hand.

Assessing Assets and Liabilities

In an amicable divorce, it’s necessary to figure out both what you currently own and what you owe. This means looking at the properties, investments, retirement accounts, and any other assets acquired during your marriage. It’s also important to think about the debts you have, such as loans or credit card balances. By taking a good look at your assets and debts, you can make sure everything is divided fairly and equitably between the two of you.

Deciding how to divide your assets is a big part of a divorce. The division of marital property is often a significant consideration during divorce proceedings. Different jurisdictions adopt varying approaches, such as equitable distribution or community property principles. Equitable distribution aims to divide assets fairly based on various factors, including each party’s contributions to the marriage, earning capacity, and future financial needs. Through negotiation and compromise, couples can achieve a fair and mutually beneficial division of their shared assets.

Family Financial Planning

Spousal support, commonly known as alimony, is another financial consideration in divorce.  This is when one person pays the other person to help them financially after the divorce. The amount of support depends on things like how much money each person makes, how long the marriage lasted, and each person’s needs. Talking openly about spousal support and thinking about the future can help you come up with a fair agreement.

When children are involved, the financial well-being of the children becomes a primary concern. Child support ensures that both parents continue to provide financial support for their children’s upbringing and welfare. During an amicable divorce, it is essential to determine child custody arrangements that prioritize the best interests of the children. Open discussions and cooperation are crucial in creating a child support plan that is fair and sustainable for both parties.

Divorce can have significant tax implications, and understanding them is vital for effective financial planning. Various aspects, such as the treatment of alimony, child support, and property transfers, can impact tax obligations. Seeking professional advice from a tax specialist or accountant will help you navigate these complexities and make informed decisions that align with your financial goals.

Planning for the Future

Considering the long-term financial implications of the divorce is essential for securing your financial future. Setting realistic goals and developing a post-divorce financial plan will help you move forward with confidence. Seeking the guidance of financial planners or advisors can provide valuable insights into managing your finances, investments, and retirement plans.

In an amicable divorce, addressing financial considerations is crucial for a smooth transition and fair outcomes. By understanding your financial situation, dividing your assets and debts fairly, and considering things like spousal support and child support, you can make the financial side of divorce a little easier. With the help of professionals and by planning for the future, you can set yourself up for a stable financial future after the divorce.

Amicable divorce ultimately requires commitment, compromise, and patience from both parties, but is an excellent option for Pennsylvania couples who are motivated to part ways peacefully without the need for court intervention. If you’re interested in this type of divorce, you might want to seek the assistance of a qualified divorce lawyer who can help you determine if it’s the right choice for you. Contact the Law Office of Joanne Kleiner at 215-886-1266 to speak with an attorney at our Jenkintown office about your legal rights and options.

Nov 04

Planning for collaborative divorce sessions

What You Need To Know About the Collaborative Divorce Process

In the United States, the typical duration of a marriage that ends in a divorce is just eight years. Many people have heard horror stories about long, stressful divorce processes that end up with the airing of dirty laundry and much frustration in court, but working with a collaborative divorce lawyer could reduce the level of stress and the amount of time that it takes to end a marriage. Before you choose a collaborative divorce attorney, here are some questions to ask.

Will You Consider What my Spouse Wants in the Divorce Settlement?

This type of question gets to the heart of collaboration versus cooperation. A collaborative process ensures that the other person’s goals are met, even when those goals don’t match yours. Collaboration is more difficult than cooperation. It’s about mutual benefits and common goals. By the end of a marriage, many couples have few goals in common. However, some common goals might include ensuring what’s best for any minor children or protecting meaningful assets, such as the family home. A collaborative process requires both parties to respect each other’s goals and concerns and to understand that no agreement will be reached until both spouses meet their personal goals.

Can Divorcing Spouses Really Collaborate on the End of Their Marriage?

An attorney who has experience in collaborative law understands the differences between positions and interests. Positions relate to insisting on a specific result. Some would call this “a line in the sand.” Interests involve keeping an open mind about different options that meet one’s needs. Collaborative attorneys counsel their clients to explain their interests and avoid taking positions.

Do Collaborative Divorce Lawyers Work Well With Other Professionals?

Most collaborative divorce attorneys will work with other professionals who are advising their client or the other spouse during the divorce process. For example, the client might work with a financial advisor for clarification regarding financial concerns about spousal or child support, retirement, or avoiding bankruptcy. The financial professional could provide advice on structuring the settlement of the divorce in order to meet each spouse’s financial needs and goals. Collaborative divorce attorneys may also work with child therapists or psychologists who represent the child’s voice and perspective.

What Types of Collaborative Training and Experience Do You Have?

Collaborative law isn’t taught in every law school. An attorney who practices collaborative law often learns these techniques through professional associations or affiliations with specific groups. These groups offer ongoing training and educational opportunities. You may want to ask the attorney how many collaborative divorce cases they have worked on and how many of those cases were settled through collaboration versus how many of the cases went to court.

Do You Belong to Any Collaborative Law Groups?

The law evolves over time, and psychologists, legal scholars and other professionals frequently develop new techniques for successful collaborations between conflicted parties. A key way for a collaborative divorce lawyer to keep up-to-date on evidence-based collaborative processes is through a professional group affiliation. In Pennsylvania, many such groups exist. For example, the Central Counties Collaborative Law Community is a group consisting of licensed attorneys, psychologists, financial professionals and others who work with divorcing couples on collaborative agreements.

When a divorce is in your future, a collaborative process may reduce the stress on everyone involved. A consultation with divorce lawyer provides you with the information you need so you can make an informed decision about the legal process. To schedule a consultation with the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania, call (215) 886-1266. You may also fill out our contact form, and an office associate will contact you.

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.