Law Office of Joanne Kleiner

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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.

Sep 12, 2012

Common Paternity Issues in Pennsylvania (PA)

A home DNA paternity test can cost as little as $79 dollars, but it will not hold up in a court of law. A DNA paternity test that legally can establish paternity costs $230 or more in Pennsylvania. The issues of paternity, however, revolve around far more than money.

Single Moms

When a single mother has a baby, paternity of that child must be determined to resolve questions involving child support and child custody.  Once paternity is established, an order of child support will be directed to the father. Additionally, he can seek visitation rights or even child custody, in some situations.

Married But Not the Father

A mother may hesitate to address paternity if she does not want the alleged father to have anything to do with the child, or if she is married to another man who is not the father.

Sometimes, a paternity case involves a man legally acknowledging that he is the father of a child, but then he learns that the child in question is not actually his biological child. IT may take more than just a DNA test to set aside an acknowledgement of paternity, especially if many years have passed. If there is the slightest question about paternity, it is wise to take the DNA paternity test before signing the document of paternity.

When Grandparents Are Raising the Child

There can be occasions when the birth mother may not be able to parent her baby. The young mom’s parents may take over parenting, but they may refuse to allow the biological father access to the baby in question. The alleged father will need to take a paternity test to establish parenthood. Once that is established, he will then need to seek visitation or even custody of the child through the family court system in Pennsylvania.

In other cases, blood relatives of the child in question believe that the biological father is no longer alive. The father may not even know, however, that he has a child. If he does learn of the child and believes that he is the father, he will also need to establish paternity through DNA testing.

Paternity cases can be quite complex, and having an attorney who is experienced in representing clients involved in paternity cases can protect your rights and provide reassurance at every step of the way through these emotionally challenging situations.

Talk Your Situation Over With a Family Law Attorney – Southwestern PA

Contact the Pennsylvania law firm of Joanne E. Kleiner & Associates or call (215) 886-1266 to schedule a consultation with an experienced family law attorney.

Aug 29, 2012

Alimony Guidelines in Pennsylvania (PA)

Dividing marital assets and liabilities in a divorce can be a difficult, challenging process wrought with financial concerns and clouded by emotions. It is helpful to understand the property division laws in Pennsylvania, so that you can make wise, sound decisions as you transition into your next phase of life.

Marital assets are divided equitably in Pennsylvania between the two divorcing spouses. This does not mean that assets, property, and liability are divided evenly. It means that they are divided fairly between both spouses. Additionally, the courts in Pennsylvania will take into consideration the contributions, both financial and otherwise by each of the divorcing partners.

Asset Valuation

Asset valuations, or discerning the value of involved assets, are determined in most situations at the time the asset is being divided.

General Points to Consider With Equitable Division

 

Length of marriage, degree of education, and age of divorcing spouses are all factors that the courts take into account when determining how to divide property. Additionally, the health, ability to earn a living, and the standard of living that has been the status quo of the marriage are all taken into account.

 

Pensions

Pensions that will be subject to equitable property division include the amount that was acquired during the time of the marriage up to the separation, in most cases. In some cases, disability pensions may not be considered as marital property.

Gifts and Inheritances

Those gifts and/or inheritances that were given specifically to one spouse during the marriage will generally not be subject ot marital division. Again, it will depend on the specifics of your individual situation.

Sacrifice of Spouse

 

Here the question becomes whether one spouse did give up a potentially lucrative career to support the other spouse in his or her career efforts or to provide a stable home for the children. If one spouse did sacrifice in manners like these, the sacrifice can potentially be compensated for and monetized upon division of property.

Custodial Parent and Children’s Financial Needs

 

This issue becomes especially important when a divorce involves a special needs child or a child with serious health problems.

Pre-Nuptial Agreements

Agreements like these could have excluded some assets, including a business, from property division.

Marital Misconduct

Although indeed troubling, misconduct does not impact equitable distribution in Pennsylvania.

Talk Your Situation Over With a Family Law Attorney – Jenkintown, PA

In any divorce proceeding, equitable division can become a difficult, upsetting process. Having an experienced family law attorney who knows how to protect your rights and help you understand consequences of your decisions can make a world of difference in how you proceed with your life after the divorce. Contact the Jenkintown law firm of Joanne E. Kleiner & Associates or call (215) 886-1266 to schedule a consultation with an experienced family law attorney. Our law firm represents clients throughout Southwestern Pennsylvania.

Sep 10, 2010

No one won. Everyone lost.

Years ago, when I would return from a Family Court hearing, my husband would routinely ask me who won. Now he knows better than to ask me that. It’s not because I’d come home in defeat – in the majority of my cases, I get a favorable outcome for my client – but because he knows that my answer is going to be, “No one won. Everyone lost.” That’s how I feel about litigation in family cases. If the case is in court, everyone ultimately loses.

Imagine for a minute that the first time you see your soon-to-be former spouse is across a table at a support conference; or, worse yet, across a courtroom crowded with cases of wronged spouses waiting to be heard. Suddenly, you’re not talking together, making the best decisions for your family. You’re opposing parties, thinking only about what’s best for you. You listen to your attorney describe the merits of your position, while poking holes in your spouse’s. If you’re angry at your spouse, and feel that he/she did you wrong, does it feel good to hear your attorney speak that way? Sure – that’s called human nature. It validates our feelings. But in the long run, it’s highly destructive. Think about this: after hearing your attorney, on your behalf, describe your husband as an unfeeling and uncaring parent, how do you go home and assure your kids that daddy loves them and wants only the best for them? After hearing your attorney, on your behalf, describe your wife as lazy and unstable, how do you keep those feelings from communicating themselves to your kids? Better yet, how do you expect that uncaring or unstable parent – who’s listened to him/herself described that way – continue to co-parent with you? And effective co-parenting is what your kids expect and deserve.

Needless to say, engaging in the collaborative process prevents the scenarios I’ve described above. But even if you choose to engage in the more traditional litigation model, it’s important to keep that in mind. There will be many times when you will need to stop and ask yourself if the short term gain is worth the long term destruction.

At Joanne E. Kleiner & Associates, Ms. Kleiner brings more than 25 years experience of family law and divorce to the table. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out an online intake form.