Law Office of Joanne Kleiner

divorce attorney

Sep 05

Should You Try a Divorce À La Carte?

Everything You Need to Know About Unbundled Divorce Services

Did you know that the average divorce can cost many thousands of dollars or more? However, you don’t need to let concerns about this keep you from divorcing a problematic partner. A trend called divorce à la carte, or unbundled divorce services, can save you money.

What Is Divorce À La Carte?

This type of divorce gets its name from restaurants’ à la carte pricing scheme. In à la carte pricing systems, customers pay per item instead of paying a flat fee for an entire meal. When it comes to divorce, the concept is much the same. Typically, people who get a divorce agree to a flat fee or an hourly rate that covers all attorney services. They agree to pay a set sum and then the lawyer handles every part of their divorce.

In an à la carte divorce, the client pays only for specific services. This type of legal arrangement is technically referred to as unbundled legal services. Your lawyer will give you a list of different services to pick from, and you pay them only for those activities. Anything the lawyer doesn’t handle will be left up to you and your ex-partner. Depending on your needs, you might want to pay for one or more of these services:

  • Drafting legal documents
  • Reviewing legal agreements and explaining them
  • Negotiating with the other side
  • Collecting evidence on your behalf
  • Representing you in court
  • Filing documents with the court

Benefits of Using Unbundled Divorce Services

The main benefit of this divorce method is that it’s very affordable. Since you have to pay only for the things you need help with, you save a lot of money. Especially if your divorce is simple and non-contentious, you can easily handle things like asset division yourself. You just pay a relatively small amount for paperwork instead of spending thousands of dollars on services you don’t really use. If you’re looking for a less-expensive divorce, unbundled legal representation is definitely the way to go.

Many people also like that this method puts them in charge. You don’t have to sit back and wait to hear from your lawyer all the time. Instead, you set up your own timeline and decide what needs to be done. The divorce lawyer is there to provide support as needed, but you remain in control.

In some cases, a divorce à la carte is also faster. When a couple starts disagreeing and getting into lengthy legal fights, the process can drag on for months. However, if you and your estranged spouse can work together, an unbundled divorce can be quite fast. You don’t need to wait on your respective divorce lawyers to have a free schedule, and you don’t spend a lot of time in formal negotiations. In many cases, people are able to quickly sort out the details, spend an hour or two getting basic help from a lawyer, and then have things promptly filed with the court.

How Much Do You Have to Do Yourself?

Keep in mind that these cost savings do come with some extra responsibilities for you. This type of divorce is often called a DIY divorce because you and your spouse will handle a lot of the details yourself. The more you manage yourself, the less you have to pay your lawyer. Depending on your situation, you might want to handle one or more of these following tasks:

  • Discussing fair ways to divide assets
  • Submitting prepared paperwork to the court
  • Collecting documentation on all debts and assets
  • Drafting preliminary child custody agreements
  • Communicating with your ex and their lawyer
  • Filling out basic paperwork

If you’re considering this type of divorce, the Law Office of Joanne Kleiner can help. We offer a variety of flexible pricing options, so you can find the services and fees that fit your situation. To learn how much a divorce à la carte would cost at our Jenkintown law office, schedule a consultation today. Call 215-886-1266 or fill out our contact form to learn more about our pricing options.

Feb 02

How Long Do Alimony Payments Last?

How Long Can You Receive Alimony Payments?

Each year, roughly 450,000 people receive alimony payments. This money can be a way of compensating newly divorced spouses for the unpaid labor they performed during their marriage, but it usually is not meant to last forever. If you are receiving alimony payments, understanding how long they will last can help you make smart financial choices.

There’s No Set Rule for Alimony Length

Unlike child support, there are no legal requirements for how much alimony a person gets or how long alimony lasts. If a couple comes to their own decision regarding alimony length, the court rarely interferes with a divorce lawyer drafting an agreement. However, if two people cannot reach a fair decision on their own, the court may get involved. Typically, judges determine the length of alimony based on factors such as:

  • How old both parties are
  • The length of the marriage
  • Each spouses’ realistic earning potential
  • How many savings each spouse has
  • Whether the spouse has custody
  • What each spouse’s marital expectations were
  • Whether the marriage ended due to infidelity

Though there’s no strict rule, most alimony payments tend to last for somewhere between 15 percent to 40 percent of the length of the marriage. The average alimony payments end within 5 to 10 years of the marriage ending.

Alimony Often Ends Once a Spouse Can Support Themselves

In most cases, alimony is meant to support a spouse who gave up their career to assist their partner with things like childcare and home care. Therefore, alimony is supposed to bridge the gap between a person leaving their spouse and rebuilding their career. Often, the alimony is set to end once a person has had a reasonable amount of time to become self-sufficient.

There can be various ways of determining this. The most common guideline is that alimony ends after remarriage. Pennsylvania law also acknowledges that alimony usually should end if the recipient is cohabitating with another party in a marriage-like arrangement. In some cases, a couple may agree for alimony to end after a person graduates from school, or any minor children leave the home. One party can always ask for alimony to end after a situation changes. Therefore, if one spouse gets a high-paying job, their ex may be able to petition the court to end alimony payments ahead of schedule.

Permanent Alimony Is Rare

It is extremely rare for a court to order indefinite alimony with no specific end date. This usually only happens after the end of long marriages in which one spouse has no savings or work experience. The most common example of this happens when two people get married at a very young age, have children immediately, decide to have one parent stay at home and do not divorce until they are seniors. Since a senior with absolutely no job history is unlikely to get a job that pays decently, they could need alimony for the rest of their life.

Permanent alimony can also occur if a spouse is incapacitated. If one person has a mental or physical condition that keeps them from caring for themselves, that individual may need alimony to survive. The court is also more likely to order extreme alimony amounts when one spouse has a lot of money and the other has none. So if one spouse is a millionaire and the other spent the 20 years of marriage without working at all, lifelong alimony is a little more likely.

If you are in a situation in which alimony can be helpful, it’s important to consult with a divorce lawyer as soon as possible. An attorney can help you draft an alimony agreement that suits your needs. At the Law Office of Joanne Kleiner, our team will work hard to help you get the alimony you deserve. Learn more about our Jenkintown divorce services by calling (215) 886-1266 or filling out our contact form.

Jun 27

Are More People Getting Divorced Due to COVID-19 Lockdowns?

How Lockdowns Are Affecting Divorce Rates

With roughly 2.6 billion people under some form of lockdown by the end of March 2020, the COVID-19 pandemic has greatly altered daily routines. Various stay-at-home orders mean that many couples are now spending all their time together. Here is what you need to know about how these lockdown measures are influencing divorce cases.

Interest in Divorce Rises Following Lockdowns

On average, about 40% of first-time marriages end in divorce. However, COVID-19 divorce statistics show that these rates may be on the rise. In countries where lockdowns have already ended, like China, there have been record-high numbers of divorce filings. Even in regions where couples are still stuck at home together all the time, there are already signs that divorces are more likely to happen. Many divorce lawyers already report that they have had an unusually high number of people inquiring about divorce. The exact rate of divorces due to lockdown still is not known. However, many analysts agree that by 2021, there will be a huge increase in divorce rates.

The Reason Lockdown Is Causing Divorces

At first glance, it does seem like people under lockdown are more likely to get divorced. However, this does not mean that the lockdown itself is directly causing divorce. Instead, it means that already unhealthy marriages are more likely to end now. For most people, realizing a relationship has run its course is a long, drawn-out process. However, the stress of lockdown is speeding up this process.

For some, the financial and health worries of the global pandemic are exacerbating underlying problems. For example, a partner who tends to have some anger management problems might get worse now. Some spouses are constantly arguing and berating to relieve their own stress. In other cases, the lockdown might just give couples more time to realize they are no longer compatible. It is easy to ignore personality differences when you and your partner are busy and separated all day. However, when you have days spent together doing nothing, it can be easier to realize that romance has left the relationship.

Another sad reality is that the lockdown is forcing many people to be with their abusers nonstop. Globally, there are estimates that domestic violence cases have almost doubled during the lockdown. This lockdown domestic violence rise may be a wake-up call for some, making them realize their abuser is never going to change or get better.

The Rate of Finalized Divorces Is Lowered

Though more people than ever are realizing they need a divorce, this does not mean there has been an immediate and drastic spike in lockdown divorce cases. Instead, many people say they are putting off divorce until after the stay-at-home orders end. For those in a safe home environment who have children to consider, this may be a smart choice for the family. It could make it easier to avoid challenges like child care or finding a new home during the pandemic. However, in cases where there is a lot of violence or acrimony, it may be a good idea to go ahead and start the process of divorce. Divorce is always a slow process, and right now, family courts are not operating at full capacity. Even once courts start running again, it will take a while for them to get through their backlog of cases. This means that most couples who have realized they want to start the divorce process now will probably need to wait at least three to four months to get into court.

In many cases, waiting until after lockdown to get a divorce is not always possible. Therefore, you may want to go ahead and speak to a Pennsylvania divorce lawyer. Our attorney at the Law Office of Joanne Kleiner is currently working from home and providing remote consultations. We are familiar with handling the complexities of child custody, spousal support, asset division, and more. If you are a resident of Jenkintown who would like to learn more about starting the divorce process, go ahead and give us a call at (215) 886-1266.

May 02

Distinguishing Between Marital and Sole Property

About a quarter of American states have community property rules in which assets and debts are split 50/50. However, Pennsylvania is an equitable division state, which means that marital assets are divided in an equal manner if not necessarily 50/50. Therefore, it is important to know the difference between what is owned jointly and what is owned separately outside of a marriage.

Assets Owned Prior to Marriage Are Generally Sole Property

If you owned an asset prior to getting married, you will generally get to keep it after the marriage ends. For example, if you owned a furniture set before getting married, that would likely be yours to keep in a divorce. However, exceptions can be made in the event that an asset appreciates during the time two people are married.

Asset Appreciation and Commingling Exceptions

When an asset appreciates in value during a marriage, that appreciation is often considered to be a joint asset. For instance, say you had a 401(k) that was worth $1,000 on your wedding day. That $1,000 would typically be exempt from being divided in a divorce. However, if the account was worth $10,000 when the divorce became official, some or all of that $9,000 in appreciation could be eligible to be split in a divorce settlement.

Commingling of funds takes place when joint money is used to maintain a separate asset, such as if you spent $10,000 to upgrade the home that your new husband owned while you two were dating. While the house started out as separate property, it could now be considered a joint asset since both parties have contributed money to its upkeep.

A Prenuptial Agreement Could Determine How Property Is Labeled

A prenuptial agreement is a customized divorce agreement that is created before a marriage even takes place. It allows both parties to the relationship to determine who keeps the marital home or what happens to a business owned by one person in the marriage. It can also determine if property is to be sold instead of one person keeping it for him or herself.

For a prenuptial agreement to be valid, it should be created and signed several months before the wedding. Each party can have a Jenkintown family lawyer review the agreement before signing it. In addition to property division matters, a prenuptial agreement can also help a couple work out whether either party is entitled to spousal support.

Assets Held in a Trust May Be Treated as Separate Property

If an asset is held in a trust, it is generally considered to be owned by the trust. Therefore, it would likely be considered separate property or an asset that is otherwise not allowed to be divided per the trust’s terms. As a general rule, if creditors and tax authorities can’t get at something owned by a trust, a former spouse likely cannot either.

Just as with a prenuptial agreement, a trust’s terms can be reviewed by a divorce lawyer prior to the wedding. If necessary, edits may be made to help strengthen the protection it provides the asset from a divorce.

Inheritances Are Often Considered Separate Property

If you inherit money from a family member, you are generally allowed to keep it in the event that a marriage ends. However, rules relating to the commingling of assets may come into play as they relate to how the cash is treated when the marriage actually dissolves. If you are planning to inherit money or assets, you can also make arrangements to open separate accounts to better track how they will be handled.

Everything Else Could Be Considered Marital Property

Anything else that is acquired during a marriage may be considered joint property that can be divided in a divorce settlement. This includes everything from a toaster set or artwork gifted to a couple at a wedding to a cat that was adopted during the last months of the union. It is important to note that animals are generally considered property, much like a house or a car. However, some jurisdictions have allowed the creation of legally binding pet custody arrangements.

If you need a Jenkintown divorce lawyer, call (215)-886-1266 to learn more about how Joanne Kleiner & Associates can be of assistance. An online intake form is also available to begin the process of finding legal counsel.

Jan 10, 2018

Nesting Divorce Plans: What You Need to Know

Nesting Plan | Divorce Lawyer

Now more than ever couples considering divorce want options. There are many different variations of how people choose to get divorced and how they structure their life after the fact.

What is Nesting?

One recent development that more families are considering is called a nesting plan and it could help you and your former spouse chart out an appropriate way to parent. However, nesting plans are not right for everyone. Read on to learn more about how these plans work and how you can identify whether or not it’s the right fit for you.

For the vast majority of people going through a divorce, keeping the children in the family home is the main priority and this is for a good reason. The marital residence might be the only home ever known by the children and with so much change on the rise, stability may be the only thing you and your former spouse can agree on.

As parents go through a divorce, they may feel that the children should be kept in the home because it will help with stability and comfort during a time of major transition.

A nesting plan means that both parents take a turn living in the primary home while the children stay there all the time. There are a number of different issues you need to consider before deciding if this is the right choice for you, and the help of your family lawyer cannot be understated.

How Do I Know Whether Nesting is the Right Fit for Us?

Your Montgomery County Pennsylvania family attorney may be able to recommend whether or not nesting makes sense in your case. A nesting plan refers to co-parenting in which both children keep the marital family home. The parents then might also rent additional space for the two of them to share or their own one-bedroom apartment after their divorce and it’s not their parenting time.

The parent will live in the marital home and the other parent lives in the rented space until the parenting time switches; however, this might initially seem simple but if you and the spouse are rotating in and out of your previous marital home, you will still need a parenting plan. A bird nesting plan is not a substitute for a time-sharing agreement or a parenting plan.

Pros and Cons of Nesting Plans

There are benefits and disadvantages to the nesting plan. It could reduce your potential post-marital housing costs to have a small apartment while keeping the family home that you may already own. This is usually the biggest expense that each person will incur after a divorce.

There are also costs of having a second location, however. Emotionally, your primary concern is probably about the well-being of your children, however, it can be challenging for children to adjust to these this new situation.

Furthermore, you might find it difficult to go back and forth especially if you and the other spouse are not able to get along well or if you have disagreements about appropriate parenting style. Many different issues can emerge in the bird nesting agreement and if you do not have a system in place with the other spouse to discuss how these issues will be addressed, you could put yourself at risk for constant arguments and problems with the other spouse. Bird nesting maybe something to consider in the short-term but you need to see how it might work for your family. If you’re unable to come to terms of agreement with your former spouse on anything else, it is unlikely that a bird nesting plan would be most appropriate for you.

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.