Law Office of Joanne Kleiner

divorce lawyer philadelphia

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.

Apr 05, 2012

Filing for Divorce in Pennsylvania

Divorce is a difficult and emotionally trying process to go through, even under the best of circumstances. In the Commonwealth of Pennsylvania you may file for a no -fault or fault divorce. To file for a divorce in Pennsylvania, at least one of the spouses must have been a resident of the state for six months. An experienced Pennsylvania family law attorney can help you through each step of the process, including:

  • Filing your divorce complaint
  • Settlement negotiations
  • Providing mediator services
  • Representing you in court

To obtain a no – fault divorce in Pennsylvania, you must meet one of two conditions:

  1. Both spouses agree to the divorce
  2. The spouses have been separated for two years or longer

A divorce in Pennsylvania that holds one of the spouses accountable for the divorce, also known as a fault divorce, may cite the following grounds if appropriate:

  • Desertion of spouse
  • Adultery
  • Bigamy
  • Cruelty (abuse)
  • Imprisonment
  • Personal indignities
  • Mental institution commitment

Matters that typically arise during a Pennsylvania divorce include:

  • Mediation/counseling. For couples with children, the court may require participation in counseling and may consider the recommendations of counselors relative to custody issues.
  • Property/debt division. Pennsylvania divorce law provides for equitable property division, which is based upon fair rather than equal standards.
  • Spousal support. The court may award spousal support to either party at its discretion.
  • Child custody. In determining custody your child’s best interests are the guiding principle, and the court considers many factors when deciding child custody awards.
  • Child support. Pennsylvania uses the income shares model to determine child support. Either or both parents may be ordered to provide equally for educational costs.

Finding the right Pennsylvania family law attorney

Finding and retaining the right family law attorney can make a big difference in getting through the divorce process smoothly. Contact us online or call (215) 886-1266 to schedule a consultation today.

Mar 16, 2012

Division of Marital Property in Pennsylvania

Pennsylvania divorce law provides for the equitable division of marital property. Equitable division is based upon what is fair rather than on a straight equal division of property.

Generally, marital property is defined as the assets acquired during the marriage, although there are some exceptions, and marital assets may include:

  • Real property
  • Pensions
  • Retirement accounts
  • Business concerns
  • Stocks and bonds
  • Certificate of deposits
  • Bank accounts
  • Insurance policies
  • Other valuables such as vehicles, jewelry, etc.

Gifts and inheritances are typically excluded from the marital assets.

An experienced Pennsylvania family law attorney can help you ascertain what assets should be included and excluded from the marital estate. And when necessary, we can bring in experts such as forensic accountants and business valuators to help determine the value of assets.

The court considers several factors when determining the division of marital assets including:

  • Duration of the marriage
  • Spouses’ age, health, skills and employability
  • Contributions to the marriage (including from homemakers)
  • Spouses’ income sources
  • Tax liabilities for each spouse
  • Which spouse is the main caregiver of minor children
  • The earning capacity of each spouse
  • Alimony awards

In the case in which the parties cannot agree on marital property, the court will decide. Generally, the court cannot transfer a property title from one spouse to the other. However, it can award money to one party to compensate for the other party keeping property. When property was purchased with both marital and non – marital funds, the court determines what percentage of the property should be included in the marital estate and factors this into the monetary award.

Talk to a Pennsylvania property division attorney today

Determining the disposition of marital assets can be complex, and an experienced attorney can help you in sorting out your marital assets. Contact us online or call (215) 886-1266 to discuss your asset division matter today.