Joanne Kleiner & Associates

divorce lawyer

May 02

The Pros and Cons of a Nesting Divorce Plan

Can Nesting Work After a Divorce?

An estimated 50 percent of kids in the U.S. will see their parents go through a divorce. If this is happening to you and your spouse, you may be wondering how to help your kids through the transition. One option is to set up a nesting divorce arrangement with help from a Jenkintown divorce lawyer. 

What Is a Nesting Divorce Plan?

Nesting is a co-parenting arrangement that involves keeping the family home and letting the kids live there full time. It’s an alternative to moving them back and forth between the homes of two exes. 

In this situation, you’ll rent another space or two if you have the budget. You and your ex will be the ones to shift where you’re sleeping. Here’s how it works:

  • When it’s your time with the kids, you’ll move into the family home while your ex lives in the rented space.
  • When it’s your ex’s turn to be with the kids, he or she will move into the family home while you live in the rental.
  • You’ll continue to swap your shared living arrangements until your kids are old enough to be on their own or you can no longer sustain the lifestyle.

Not as Easy as It Sounds

Even if you and your ex are the ones moving in and out of the family home, you’ll need to be on good enough terms to establish a parenting plan. On its own, nesting doesn’t take the place of a plan or your time-sharing agreement.

Finances will be one major factor. You’ll need to decide who will pay for what and how. In addition to creating a regular schedule, it’s important to also work out who will be in the family home on weekends and holidays.

The Benefits of Nesting

You may benefit financially by keeping the family home and renting another small space to share. Living expenses are typically the biggest cost most people incur following a divorce. Along with the cost for the living space, you will also save on utility bills, cable/internet and other general living expenses. 

The emotional well-being of your children is another benefit of nesting. Shared living arrangements can be a lot easier on kids, especially if you have teens. Even though teens will have a better understanding of the situation, they might not like adjusting their living arrangements. Keeping children in the family home will ensure that they go to the same school and have the same friends. This may bring about better mental and emotional stability. 

The Downside to Nesting

The downside to keeping the family house is that you’ll still be tied to your ex in a very real way financially. When you sell the house and take separate paths, you’re creating a clean break. Child support would still be a factor but just until the kids are grown. Keeping the house is a much closer connection. 

Furthermore, simple matters like paying the cable bill can become major arguments. You may also run into big expenses such as the home needing a new roof or experiencing a flooding problem. In many cases, ex-couples will have to find a way to compromise on the finances. 

You’ll also need to work out child support. This can be especially tricky if you’re living in the same place. Dealing with the finances regarding food and the other shared residence expenses is another sticky challenge. 

The emotional side effect of sharing a home may be a problem as well. Are either of you planning to date? Will you bring someone home? You’ll have to decide how to work these issues out. 

A Jenkintown Divorce Lawyer Can Help You Navigate Your Divorce

If you’re considering a divorce, then let us help. At Joanne Kleiner & Associates in Jenkintown, we can help you set up a divorce nesting plan or a split involving a complete separation. Call our office at (215) 886-1266 to set up an appointment.

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.

 

Feb 14, 2012

Types of Child Custody in Pennsylvania

One of the most difficult issues of a divorce is child custody. Who gets custody of the minor children, visitation and determining parenting time can be difficult even under ideal conditions. However, custody issues can usually be revisited as circumstances change, and an experienced Pennsylvania family law attorney can help you obtain custody modifications when appropriate.

The types of child custody in Pennsylvania are as follows:

• Temporary custody (de facto). This is different from court-ordered custody and refers to who has custody of the child currently. If you want to maintain custody during litigation you must file a request for temporary custody with the court.

• Sole custody. Sole custody is when one parent is given both legal and physical custody of the child and the child has only one primary residence. Legal custody is the right to make decisions for your child concerning education, religious upbringing, discipline, medical care and other significant matters concerning your child’s welfare. Physical custody means your child lives primarily with you and you make the decisions about your child’s day-to-day needs.

• Split custody. Split custody refers to a case in which there are two children and each parent has full physical custody of one of the children.

• Joint custody. Under joint custody you could have joint legal custody, when both parents share the control and care of the child but that child has one primary residence; shared physical custody, when your child has two residences and spends at least 35 percent of his or her time with the other parent; or you can work out a customized joint custody agreement with your ex-spouse that is a combination of shared physical and joint legal custody.

Get your child custody questions answered

At the core of child custody issues are your child’s best interests. To talk to a caring and compassionate family law attorney, contact us online or call (215) 886-1266 to discuss your child custody matter.

Jun 20, 2011

5 Mistakes People Make When Contemplating Divorce

People contemplating divorce should think ahead. Divorce is not something that should be entered into blindly. You need to take the time to evaluate your situation, and if possible, take the time to put yourself in the best position for a divorce.

To assist you, we would like to provide you with the information you need to avoid five common mistakes that other people make when contemplating a divorce:

1. Make sure you do not rush into a divorce. That is not to say that divorce may not be right for you, but it does mean that you should take care to make informed decisions and protect yourself and your future from adverse financial consequences, to the extent possible.
2. Do not go on a spending spree. Rather, take any excess money you have to buy down your debts. The less you owe, the better shape you will be in when you divorce.
3. Consider mediation or the collaborative law process, especially if you have children. Collaborative law in a divorce will help ease the stress on you and your children, as well as give you much more control of the terms of your divorce.
4. Make sure property and credit cards in your name, and if possible, establish your credit. You do not want to find yourself with no credit after a divorce.
5. Gather as much information about your finances as possible, including account numbers, contact information and balance history for all insurance policies, bank accounts, investments and retirement plans. Do not go into a divorce blind, you need to know as much as possible about your family finances.

Divorce can be difficult. Oftentimes individuals want to rush through a divorce and move on with their lives. However, you will find that a little time and contemplation now, may end up providing you with a much brighter and financially secure future. If you are letting emotion cloud your judgment, consult with your family law attorney and divorce lawyer. They should be able to ground you and ensure you have the information and fortitude to make sound decisions.

At Joanne E. Kleiner & Associates, Ms. Kleiner is a family law attorney and divorce lawyer who brings more than 25 years experience in family law and divorce to the table, including collaborative law experience. 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 our online intake form.

Sep 15, 2010

Children Are Often the Victims in a Divorce

Children, especially young children, often believe a divorce is their fault. Parents involved in a divorce can find themselves focusing only on themselves, and forget that their children may be confused, hurt and scared.

Take the time to talk to your children, reassure them that everything is fine and that regardless of any differences between you and your spouse, both of you still love them. Some additional steps you can take to ease the prospect of a divorce on children:

  1. Take the time to explain to your children that any problems you and your spouse may be having are not their fault. Sometimes, a good approach is to explain to your children that people may sometimes have differences of opinion, and in some cases those differences just cannot be worked out.
  2. Do not argue or fight in front of the children. Remember, children are not deaf, they can hear, even behind closed doors, if the volume of the conversation is high enough.
  3. Do not bad-mouth your spouse in front of your children. Remember, he or she is still their parent too, and your children love both of you.
  4. Do not make your children take sides; they may resent you for that. They will also feel that they are being disloyal to you by continuing to love their other parent, and it is confusing to them.
  5. Never use your children as messengers or “go-betweens”.
  6. Constantly reinforce that everything will be all right, especially if the children are young.
  7. Make sure you don’t ignore your children. They need to know that their routines are not being affected (to the extent that is possible). In addition, any extra attention both of you can give to your children will help alleviate any fears they may have.

For divorces involving children, we suggest considering utilizing the collaborative law process for your divorce.

Collaborative law may provide you with an acceptable alternative to stressful litigation. The collaborative law process is premised on the parties working together to resolve conflict. The collaborative process encourages the parties to work together, with their attorneys, toward a mutual agreement that everyone can live with.

The collaborative law process is typically less stressful on children, gives you more control over the terms of the divorce, and is less emotionally taxing on you.

At Joanne E. Kleiner & Associates, Ms. Kleiner is a family law attorney and divorce lawyer who brings more than 25 years experience in family law and divorce to the table, including collaborative law experience. 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 our online intake form.