Law Office of Joanne Kleiner

Divorce

Sep 20

Divorce Mediation May Be the Answer

Some Things to Expect From Divorce Mediation

Did you know that mediation can produce an agreement in up to 80% of cases? With the divorce rate at about 50% of all marriages in the U.S., this is a solution that has had a dramatic increase. There are some things to expect from a divorce lawyer during a mediation session.

Discussions With Structure

You will want a mediator who opens structured discussions concerning the division of assets, custody arrangements and payment of support. You will need to reveal your finances. Talking about your goals for after the divorce should be encouraged.

If the discussion goes off-topic, a good mediator will steer the talk back to the subject. Emotions may be high, and the session should not be used for counseling. You may want to bring any supporting documentation with you to the meeting.

An Experienced Mediation and Divorce Lawyer

A local and experienced mediator should be your choice. Since the divorce process is easier with those who have local knowledge, finding a mediator through the internet is not a good choice. A lawyer who practices in your jurisdiction will be the best source. An attorney will know the laws of your area and can help prevent costly mistakes.

Guidance From a Professional

In its origins, mediation did not include any guidance from those who ran the sessions. Many of the traditional mediators still use this method when conducting divorce mediation. Mediators may not give you specific legal advice, but they can advise you on how your case may play out in court. They know what is considered fair and the rule-of-thumb in your area.

Mediators will work with you and your estranged spouse with a focus on how to settle the differences that exist. There will be no testimony or legal arguments, and the mediator will not make decisions for you. You are always free to reject a proposal made by your spouse. The mediator will let you know which issues are not open to negotiation and will clarify anything you do not understand.

No Taking of Sides

A good mediator should be neutral, especially when dealing with divorce, when emotions may surface. This is especially important when discussing custody and support. If you think that your mediator has a bias, it may be time to find a new professional to conduct the sessions.

Something Not to Expect From Divorce Mediation

There is one thing you should be aware of. Mediation is not a way to gain an advantage over your spouse. You will not get better results if you are the higher-earning spouse. Mediation should not be used to keep your spouse from hiring an attorney for representation. If this is the case, most likely, your mediation will not succeed.

The Benefits of Divorce Mediation

The divorce process is never easy. However, divorce mediation may make it run more smoothly and less stressfully. Divorce can affect you both financially and emotionally. Mediation is usually less expensive than a litigated and contested divorce. Another advantage is that communication is more open, and cases may reach a conclusion more quickly. The goal is to find solutions that work for everyone.

In order to reach an agreement, you must be open to compromise and be willing to listen to your spouse’s point of view. Although you may not understand it, you can still listen. Listening closely may help you think of a new way to resolve the issue.

At the end of the negotiations, with some or all your issues resolved, you will have a written agreement. In some cases, a parenting schedule or plan may be included. If you have not been able to agree on all the issues, you will have to do so or let the judge decide after a court hearing.

We are your local divorce lawyer and can help you with the process of mediation. Our Pennsylvania offices are located in Montgomery County, Bucks County and Philadelphia County. Call the Law Offices of Joanne Kleiner at (215) 886-1266 or use our contact form to arrange an appointment.

Aug 20

Mediation and Children’s Emotional Health

Divorce can be a contentious and emotionally fraught process that has a lasting impact on everyone. When there are children involved, the way that the parents interact during the divorce process can leave long-lasting emotional effects. Mediation can provide a way for parents to work towards resolving child custody, support, and other related issues in a more amicable way, modeling positive conflict resolution for their children and putting the children’s best interests first.

How Does Mediation Work?

Mediation works by having both parties to a divorce work with a neutral third party to resolve their issues and reach a divorce agreement. Both spouses can have their own divorce lawyer to support them, but the neutral third party listens to each side on the issues and helps them find a solution that both can agree on.

Even couples who might not get along very well, in general, can find it beneficial to have that third party present to listen and help as it can make the divorce process run its course faster, and it can also be less costly. Working together to resolve these issues instead of fighting in court can also reduce the tension between the parties. A faster and more peaceful resolution to the divorce is particularly important during the COVID-19 pandemic when the tension in some households has risen so much that it ended in abuse. Resolving a divorce quickly and without acrimony can be particularly helpful when there are children involved who will be affected by their parents’ interactions during this period.

How Mediation Can Benefit Children in the Middle of a Divorce

Divorce is a highly emotional process for everyone involved. Parents might become so consumed in their battle with each other that they might not even perceive how their children are being affected by this and how these effects will have a long-lasting impact on their emotional health. However, when parents decide that mediation is the right path towards divorce, they will need to sit down together, put their emotional issues aside, and work towards finding a way forward. During mediation, parents not only discuss the division of property. They can resolve many issues including custody and visitation, parenting plans, child support, and tax issues related to the children.

With the support of the mediator and each parent’s respective divorce lawyer, parents can model more positive behavior towards conflict resolutions that show their children that divorce does not mean the end of the family and that, even as their marriage is ending, parents are thinking first of what is best for their children.

Helping Your Children During Divorce

The dissolution of marriage is a time where children can experience anger and grief as they face what can seem to them to be the end of their family. They might act out and struggle at home and in school during this period. There are many ways you can help your children cope through and after divorce. They need both parents actively involved in their lives. Working together through mediation to reach an agreement on child-related issues can show the children that both parents are committed to them even if their relationship with each other has ended. Through your support, your children can overcome the many challenges they encounter during this time. You can offer your children support through a variety of ways, including:

  • listening to their fears and concerns about the future
  • being patient with their own process of grief
  • providing routines and stability
  • modeling positive interactions between parents
  • encouraging and supporting the time the child spends with the other parent

If you are a parent who is getting divorced and would like to explore the option of mediation to resolve your issues, contact the Law Office of Joanne Kleiner for assistance. You can call us at 215-885-1266 to schedule an appointment in our Jenkintown, Pennsylvania, office.

Aug 16

Divorce Mediation and Arbitration: What You Need to Know

According to published information, there were more than 34,000 weddings in Pennsylvania in 2020. While nobody enters a marriage anticipating that it will come to an end at some point, circumstances and situations may change over time, which could then lead to the need to have an attorney explore available options. Below, we take a closer look at two ways to approach end-of-marriage negotiations in the Keystone State: mediation and arbitration.

Divorce-Related Mediation

If the end of a marriage isn’t especially contentious, a divorce lawyer may recommend mediation as a way to reach a mutually agreeable settlement. Divorce mediation gives separating spouses a way to handle negotiations with the help of an impartial third party.

How It Works

The mediator acts as a sounding board and does not have the authority to offer legal advice. The role of the mediator is primarily to guide both parties through the settlement process. This often involves identifying the main interests or priorities of each spouse without focusing on “wants” or “entitlements.”

For instance, one spouse may “want” the family car or feel “entitled” to it even though they already have another vehicle to use. The other spouse, on the other hand, may “need” this vehicle for work. With a situation like this, a mediator might point out that if the spouse in need of the car can keep working, they’ll be more likely to be able to pay any child or spousal support that may be part of the settlement.

Sessions with a mediator usually take place in a conference room or similar setting, at least to start with. After this, meetings usually take place individually with each party. Should a point be reached where progress can no longer be made due to lingering disagreements, arbitration or litigation may be recommended.

Benefits associated with mediation for divorcing couples include:

  • Saving time and money
  • Reducing emotional stress
  • Encouraging respect and cooperation
  • Keeping the focus on problem solving in a productive way

Divorce-Related Arbitration

Arbitration is often recommended when an impasse has been reached by divorcing spouses, as may be the case if the less-formal approach of mediation isn’t working well for involved parties. It’s a process that can be appealing to couples preferring to avoid court while still reaching a settlement arrangement that’s mutually acceptable. It’s also a way to work through key issues in a more structured setting.

How It Works

Arbitration takes place in a private setting, not a courtroom and it can take the place of in-court proceedings. The time and place are determined based on what’s convenient for the divorcing spouses, allowing for more flexibility than what’s typical with courtroom proceedings. An attorney represents each spouse, and an arbitrator both parties can agree on is also selected.

The arbitration goes through the various issues that need to be reviewed and resolved. In some instances, the spouses or their legal representatives can determine the nature of the process and how long the arbitrator has to make a decision. The arbitrator’s decision is referred to as an “award,” which is based on the disputed issues. Typically, this decision cannot be appealed.

Benefits of arbitration for divorcing couples include:

  • Being able to select an arbitrator experienced with the main issues involved
  • Defining the specific issues involved
  • Maintaining and privacy and confidentiality for both spouses
  • Avoiding the stress and rigors of a traditional court-related divorce

When you’re dealing with the end of a marriage in Pennsylvania, an experienced divorce lawyer can make a big difference as you sort through your options. Whether you’re having issues with a contested divorce or hoping to resolve matters as amicably as possible, the Law Office of Joanne Kleiner in Jenkintown, PA, is here to help. Contact our office today at (215) 886-1266 to schedule an appointment.

Jul 21

A la carte or “unbundled” legal services for divorce

Navigating Your Divorce With À La Carte Legal Services

About 40% of all divorce cases involve at least one pro se litigant, which means that they represent themselves. But almost half of them—a number that is still trending up—do have some legal assistance through a concept known as limited-scope representation.

What Is Limited-Scope Representation?

Limited-scope representation—often abbreviated LSR—is referred to by a number of different terms, including legal coaching, unbundled divorce services, and à la carte divorce services. Most people are familiar with the concept of à la carte as it pertains to restaurants. It means, for instance, that you can order your steak as a separate item as opposed to the steak platter, which also includes fries and vegetables. LSR is similar in concept but applies to a divorce lawyer and the legal services that they offer. You can think of those legal services as a menu from which you can select individual items, such as:

  • Providing legal advice
  • Filing documents with the court
  • Preparing and organizing legal documents
  • Representing you or appearing for you in court

Is Limited-Scope Representation Appropriate for All Divorces?

No. A contested divorce is a situation where you generally want your divorce lawyer to oversee the entire process. Even an amicable divorce may not be a good fit for LSR if the proceedings are time-sensitive. Self-representation, even if only to a degree, usually will require an education on your part, and if you lack the time for that learning, then the case is best left to a professional.

How Does Selecting Legal Services À La Carte Unfold?

It usually begins with a confidential initial consultation, which is usually provided at no charge. During this meeting, you will explain the case in detail to the best of your knowledge to the attorney. The lawyer will then assess the case and make recommendations concerning which legal services they believe that you need and which tasks you can handle on your own. You will also have an opportunity to ask questions, but a lawyer will generally require you to agree to pay for at least legal coaching prior to the discussion extending too far into that domain.

Limited-Scope Representation vs. Full Representation

Full representation involves a lawyer overseeing every aspect of your divorce from the moment you hire them—usually prior to proceedings beginning—and through the conclusion. While this approach is the most expensive, that cost is well worth it when the case is complex or time-sensitive and when there is a great deal of money on the line. With LSR, you have greater control. You pay for only what you need, and your lawyer can place great emphasis on the most critical aspects of your case.

Limited-Scope Representation vs. Self-Representation

Self-representation means that you are representing yourself, and many couples involved in amicable divorces choose to represent themselves in order to minimize costs. Some divorces that do not involve children or significant assets are simple enough that self-representation makes sense. However, in most cases, the judge will recommend LSR to both parties. Divorce agreements often have hidden complications that a layman simply cannot see but that a divorce attorney certainly will. Also, self-representation often involves more energy and time than people expected, and the cost of some legal guidance along with document preparation is often well worth it in the end.

Navigate Your Divorce With Greater Control

Are you about to enter a divorce process or already have? Do you need legal representation but want to maintain control over your case and are aiming to avoid the big costs associated with divorce attorney fees? The Law Office of Joanne Kleiner would like to help.

Joanne Kleiner has more than 25 years of experience as a divorce lawyer in Pennsylvania, and her office is located in Jenkintown. Confidential initial consultations are provided at no charge and without obligation. We can accommodate an in-office consultation or host it over the phone or via video conference, and you can schedule your appointment today by calling 215-886-1266 or by contacting us online.

Jun 22

Can I File for Divorce in the Same State as my Vacation Home?

Can I File for Divorce in a Different State?

In the United States, 16.3 out of every 1,000 women got married in 2019, but 7.6 out of every 1,000 women got a divorce. Many people are as a result turning to a divorce lawyer for information about the process, because it comes with a lot of questions, like where you must legally bring the action.

Determining Where You Can File for Divorce

Some people may want to file for divorce in the state where their vacation homes are located because they wish to be in a state where they may be favored when it comes time to divide the marital assets. For example, Pennsylvania is a state where the courts divide marital assets by the process known as equitable distribution. What this means is that a court will base the decision on what it deems to be fair, which does not necessarily mean equal.

In community property states, each spouse may be able to designate some property as separate property, but the marital property will be considered to be community property. The court may divide this property evenly between the two spouses, and this may benefit the spouse with less separate property.

Residency Requirements

The purpose of residency requirements is to prevent the scenario described above from occurring. Most states require that couples set up residence in the state in which they plan to file for divorce. They may also need to meet a county residency requirement, but this will be shorter than the state requirement. You will also need to live in the location on a continuous basis to establish residency.

If your vacation home is in a community property state where it would benefit you to reside, you may wish to meet the residency requirements and file there.

Domicile Rather Than Residency

Your residence is the place where you receive mail, register to vote, and where you own, lease or rent your home. Your company may be in the location of this home, and you may have registered your vehicles and registered to vote in the area. This is evidence that the property is your residence.

Domicile means that you are physically located in the state. It also means that you intend to live there on an ongoing basis but that you are not required to remain there forever. Some states use the word “domicile” rather than residency for divorce proceedings.

The Right of Jurisdiction

Before the courts can decide how much marital property each spouse may receive, it must demonstrate that it has jurisdiction over the matter. The divorce petition is the document that states that the spouse meets the requirements for residency, and this provides the state with jurisdiction. Once the court serves the other spouse with the divorce papers, it has jurisdiction over this spouse as well. After this occurs, the filing spouse may leave the state if the couple doesn’t have any children.

Length of Time

If your vacation home is located in one of 26 states, you must establish residency for six months if you want to divorce in that state. Nevada requires one of the shortest residencies. If your vacation home is in Nevada, you will only need to reside there for six weeks. If your vacation home is in Washington, Alaska, or South Dakota, you aren’t required to establish residency. The remaining states have residency requirements of between 60 and 90 days.

Two extreme cases are Connecticut and New York. If your vacation home is in Connecticut, you will need to establish a domicile for a full 365 days. If you and your spouse did not get married in New York, you will need to live in the state for two years before you can file for divorce.

How Do Courts Determine Domicile?

Courts determine domicile by examining where the family lives, where the adults vote, where the vehicles are registered, and where they obtained their licenses to drive. Where they work and whether or not they are engaged in the community also add weight to the issue.

If you are in need of a divorce lawyer, contact us at the Law Office of Joanne Kleiner. We are located in Jenkintown, Pennsylvania, and we can be reached at (215) 886-1266.