Law Office of Joanne Kleiner

divorce attorney philadelphia

Dec 29, 2017

Is January a Good Time to Consider Filing for Divorce in Pennsylvania?

It is never an easy decision to come to terms with the fact that you may want to file for divorce, although the decision that you make immediately after that one such as selecting the date that you will actually move forward with the divorce petition is one that mandates more strategic considerations. Your filing date for divorce impacts many different financial aspects of the final divorce settlement because it is the formal beginning of the legal process for divorce.

The right lawyer can walk you through each stage of your case so that you know whether or not now is right for you. Divorce is so personal that it helps to have someone who cares about your best interests.

Your date of filing might also impact your children and you psychologically. There is no one right answer to when is the right time to file for divorce in Pennsylvania, however, for people who have opted already to divorce over the holiday season or in the fall, the answer for them is often January. There are numerous different reasons why January comes out on top as one of the most popular months for people to initiate a divorce petition. First of all, the holidays are finished in January.

Parents may help children cope and adjust to the transition of divorce by keeping as much stability as possible during the holiday season. It can represent significant challenges and emotional problems for children who are in the midst of a sudden divorce with their parents during the holidays. The holidays are usually a busy time for families with children and this makes it all the more important and also challenging to maintain the necessary stable environment.

If you and your spouse have not yet separated asking for your kids to suddenly deal with you in separate houses during the holidays can be stressful and confusing. This can also lead to questions about who will see the children when. If it is possible for you to stay under one roof peacefully during this time, you may do so for your children’s sake.

Another reason that many people consider filing for divorce in Pennsylvania in January is because the year-end bonus may be in the bank. If you or your spouse gets a bonus from your employer every December, filing for divorce in January clarifies that all income over the previous year, such as year-end work bonuses, is classified as marital property. Other common reasons for people to consider waiting for January has to do with planning for the new tax year and New Year’s resolutions.

The fresh perspective on the change of the year could cause you to finally make the decision to initiate a divorce petition after consulting with an experienced divorce attorney. The perspective of new year’s resolutions may lead you to reflect back on your life and think about whether or not the marriage is capable of being salvaged. With numerous different tax implications involved in a divorce, finishing out the year before rearranging the finances between two different households is often a practical decision.

No matter when you decide to move forward with a divorce, scheduling a consultation with an experienced Pennsylvania divorce lawyer is strongly recommended to give you a clear understanding of what is required of you as well as any necessary steps you should take to protect yourself as you move forward in the legal system. There are many different details to keep track of but you can increase your likelihood of success by working directly with a lawyer who can advise you about all of the things you need to consider before initiating your divorce petition.

CONTACT US

At the Law Office of Joanne E. Kleiner, 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.

 

Jun 14, 2012

Divorce Mediation in Pennsylvania

Divorce can easily become a lose-lose proposition, and often everyone involved ends up emotionally scarred — particularly in heavily litigated divorces. However, divorce mediation offers an alternative to bitter court battles and may make your divorce less stressful. Even in cases where the ex-spouses feel animosity toward one another, an experienced Pennsylvania divorce mediator can help resolve situations that at first seem impossible.

What is divorce mediation?

Mediation is a process in which a neutral third party helps you resolve disputes relative to your divorce. The goal of divorce mediation is to help the spouses reach agreements on all or some of their disputes. Divorce mediation is successful because it is based on the following principles:

• Communication
• Fairness
• Flexibility
• Negotiation
• Problem solving
• Privacy and confidentiality

The family court often encourages divorcing couples to try divorce mediation before bringing issues to court. Successful divorce mediation can resolve numerous issues including:

• Spousal/child support
• Child custody/visitation
• Property/debt division

Divorce litigation can drain your finances and your emotional fortitude — especially in divorces involving embittered child custody issues and/or large marital assets that can drag on in court for years. And even once the divorce is over, you can still suffer from the financial and emotional fallout.

In a divorce you have a choice — you can either battle over every issue in court, expending time, money and energy, or you can try mediation. A mediated divorce can offer many benefits, including:

• Reduced legal and court costs
• Quicker problem resolution
• Increased control of problem resolution
• Equal airing of grievances
• Cooperation between spouses
• Co-parenting solutions
• Family issues decided by you rather than the judge

A Pennsylvania mediator can help

A contentious divorce can have devastating effects on you and your family. To discuss how a divorce mediator can help you navigate your divorce, contact us online or call (215) 886-1266 to schedule a consultation.

May 31, 2012

The Collaborative Divorce Process in Pennsylvania

Collaborative divorce is an alternative to litigated divorces that resolves your issues through cooperation with your ex-spouse — and takes places entirely outside the courtroom. The collaborative divorce process forms a team of the spouses, their attorneys and other professionals to address the unique needs of your family. The cooperative dynamic of collaborative divorce gives you a better chance for a positive outcome than litigation, in which a judge ultimately decides the issues for you.

The collaborative divorce process offers many advantages over litigation because it:

• Creates an atmosphere for civil negotiation and cooperation
• Involves other professionals to address more than just legal concerns
• Develops a financial plan to address future concerns
• Addresses each spouse’s emotional concerns
• Develops co-parenting plans for divorces involving children

The collaborative divorce process is based upon the spirit of cooperation. In fact, the first action in a collaborative divorce is a commitment by both parties and their attorneys not to involve the court in the process. This commitment is fundamental to the process and key in creating the cooperative atmosphere necessary to make collaborative divorce successful. Collaborative divorce is different than mediated divorce, in which a neutral mediator helps to resolve your issues. In the collaborative divorce process, the parties, though working cooperatively to achieve a negotiated settlement, are not neutral. Each party’s collaborative divorce attorney provides their client with independent legal advice regarding any proposed agreements. Should you or your ex-spouse opt to go to court, however, the process ends and both attorneys must withdraw.

Talk to a Pennsylvania collaborative divorce attorney today

Collaborative divorce has increased in popularity because it is a non-litigated approach to divorce aimed toward resolution for both parties. To learn more about the collaborative divorce process contact us online or call (215) 886-1266 to schedule a consultation.

May 17, 2012

Types of Divorce in Pennsylvania

Divorce law in the Commonwealth of Pennsylvania provides for many approaches to divorce, as follows:

• Uncontested divorce. When spouses in a divorcing couple can agree on all the issues and do not site fault grounds, they file for an uncontested divorce.

• Contested divorce. A divorce in which the spouses disagree on issues such as child custody, visitation, spousal support and property division is contested. In a contested divorce you go to court to resolve the issues. A contested divorce can be an expensive and drawn-out process, and requires the assistance of an experienced Pennsylvania divorce attorney to get through the process.

• Collaborative divorce. A collaborative divorce allows couples to resolve their differences without going to court. In a spirit of cooperation, the spouses negotiate an agreement on the issues, and both parties are represented and advised by separate collaborative attorneys. Collaborative divorce is a completely voluntary process, and if either spouse opts to go to court, the process ends and the attorneys withdraw.

• Mediated divorce. Divorce mediation is a process in which a neutral third party helps the divorcing spouses to resolve disputes on the issues and reach an agreement.

• Legal separation. Pennsylvania has no such status as legal separation. However, a divorce attorney can prepare a separation agreement for you. The separation agreement is a legally binding document that offers protections for both spouses during the separation. The agreement can include provisions on property division, support and custody, and any issues covered in a divorce decree.

You don’t have to face a divorce alone

Each family is unique and has its own special needs. An experienced divorce attorney can help you determine the best approach to divorce for your family. Contact us online or call (215) 886-1266 and schedule a consultation to discuss your divorce needs.

Apr 19, 2012

The Divorce Process in Pennsylvania and What to Expect

In order to file for divorce in Pennsylvania, one of the parties must be a resident of the state for at least six months. Either party can obtain a divorce by claiming that the marriage is irretrievably broken, and both spouses must consent to the divorce in sworn affidavits or must have been separated for two years.

Like any legal proceeding, the divorce process has specific steps that must be taken as follows:

  • Filing the divorce petition. The divorce process begins when one spouse files a divorce petition, and this step also includes serving the petition on your spouse.
  • Response. After the divorce petition is served, your spouse may respond to the complaint.
  • Discovery. During the discovery stage, the parties exchange documents and information relative to assets and income. Discovery may also include depositions and/or interrogatories.
  • Temporary orders. If either spouse wants the court to make temporary orders while the divorce is pending, they may file with the court. Temporary orders often include support, child and property issues.
  • Settlement/mediation. The court may order mediation in order to settle as many matters as possible before trial. Divorcing spouses are free to participate in voluntary mediation to resolve issues and thereby avoid litigating the issues in court. If the spouses are able to settle all issues, a Marital Settlement Agreement can be drafted and filed with the court.
  • Litigation. If an agreement cannot be reached or certain issues cannot be settled, the parties proceed to court. After evidence and arguments are presented, the judge has the final say on any contested issues. Once all matters have been adjudicated, a judgment is prepared and entered by the court.

An experienced Pennsylvania divorce attorney can provide advice and discuss the options in your circumstances. Contact us online or call (215) 886-1266 to schedule a consultation today and discuss your divorce needs.