Law Office of Joanne Kleiner

Divorce

May 05

Tips for Successfully Sharing a Home With a Former Spouse

Moving on From a Relationship Without Moving Out

The overall divorce rate in the United States is anywhere from 30 to 50% depending on where you get your information from. Younger Americans are less likely to get divorced while older Americans have seen their divorce rates increase dramatically since 1990. However, you may find that you’re stuck sharing a home or an apartment with your former spouse for months after the divorce is finalized.

Make Sure to Create Your Own Space

One of the most important parts of sharing a home with a former spouse is ensuring that you have a space to call your own. For instance, you could choose to claim the guest bedroom that has the bathroom attached to it as your own little apartment. You might also consider staking claim to the finished basement that has its own entrance and exit. Even setting up separate sleeping arrangements on the living room couch can be enough to create physical space. Taking such a step can minimize the amount of contact that you have with your former husband or wife and allow you to process your emotions in private.

Don’t Expect to Rekindle the Romance

If you are still friendly with your former spouse, it may be possible to share meals, have movie nights or otherwise spend time together at home. However, it is important that you create limits as to how friendly you get with this person. If one person mistakes a kind gesture such as making dinner or sharing a blanket for an attempt to reconcile, it could result in hurt feelings.

Hurt feelings could lead to arguments that may make it difficult to peacefully share a home. Furthermore, attempting to reconcile when your former partner isn’t interested in doing so can prevent you from truly getting past a relationship and moving on with your life.

Keep Lines of Communication Open

Living with someone means that you are likely responsible for paying a portion of the rent or buying groceries. You might also be responsible for making repairs or ensuring that the home remains clean. It is important that you understand what your responsibilities are around the home and what your current housemate will be responsible for.

In some cases, it may be a good idea to create a formal lease or similar type of written agreement. Effective communication can help ensure that rent or mortgage payments are made on time or that the home is in good enough condition to be sold when the time comes to put it on the market.

Don’t Abdicate Your Responsibilities as a Parent

If your children are living with you and your former spouse, it is important that you provide a nurturing and positive environment for them. This means helping them with school assignments or comforting them when they are upset or nervous about the future. It is often a good idea for you and the child’s other parent to work together whenever possible to provide stability for your son or daughter.

Know That Help Is Available

The COVID-19 pandemic has made it difficult for people to do little more than go to the grocery store or take a walk around the neighborhood. Although you may not be able to venture far from home, it doesn’t mean that you can’t get in touch with a mental health counselor when you’re feeling isolated.

If you are being threatened by your former spouse, you can attempt to call the police or a local domestic violence hotline to get help. Those who are unsure of how to solve a problem with this individual can also call friends or family members for moral support or guidance. Finally, a divorce lawyer may be able to provide insight into what resources are available when you run into a problem of any kind.

When you need a divorce lawyer, feel free to contact the Law Office of Joanne Kleiner in Jenkintown by calling (215) 886-1266. You can also contact the firm by sending a fax to (215) 886-2670.

Mar 13

Mediation Could Be Beneficial in a Divorce

A Happier Divorce Is Possible Through Mediation

Most divorce cases are actually settled out of court; only 5% go to trial. Divorce statistics show that nearly 90% of divorces that are mediated are settled successfully. Did you ever think of hiring a divorce mediation lawyer to make your divorce go more smoothly?

What Does Mediation Do?

Some think that settlement of issues is easier through an unbiased mediator who strives to have the two people reach an agreement. Divorce often brings up feelings of anger, but resentment and finger-pointing can actually make a divorce more expensive. Without the fighting, a more peaceful divorce is possible. As one of the most frequently used methods of navigating divorce, mediation has much in its favor. In fact, most divorce cases are settled out of court.

You’ll be meeting with a specially trained third party who is neutral. This mediator will work to help you resolve any issues that are related to the divorce. A quicker resolution with less stress and expense is the objective. Couples have the final say, which gives them ultimate control over any agreements. It is an effective alternative to having the final word on the subject handed down by a judge.

Improved communication is the goal of mediation. The divorcing couple works with a neutral mediator who helps both parties come to a thorough agreement on various aspects of their divorce. It is often easier on the children since fights in court are eliminated. The couple divorcing may use a mediator lawyer or someone else well versed in divorce and family law. This method has several advantages, including:

  • Confidentiality is ensured.
  • Legal advice is still available.
  • The process is less expensive.
  • You and spouse control the process.
  • Mediation promotes clearer understanding.

Moreover, a mediated divorce is private where a divorce requiring litigation is open to the public.

Mediation Is Confidential

Often beginning with a phone call, the mediator will speak with you to get information regarding the family, your marriage and the issues at hand. At the first meeting, you may be asked to sign a confidentiality agreement. This might occur in a conference room or a comfortable office space. Everyone may be in the same room, or you may be meeting separately to discuss the issues in private.

Mediation Does Not Work for Everyone

If domestic violence is involved in the marriage, mediation probably isn’t the path to take. In addition, a mediator cannot order payments. Someone who wants to delay the proceedings or avoid paying support can be abusive of the process. They might agree to mediation in order to stall the divorce. In fact, if you are in search of decisions about support or other issues that need to be made early in your divorce, a court ruling may be the answer.

With an inexperienced mediator or one who is biased in favor of one side, this process may not work. A poorly drafted agreement can be challenged, so it is important to find a mediation lawyer with a thorough knowledge of family and divorce law.

Who Does Mediation Work Best For?

Two people who are able to show up and work toward compromise are the best candidates for mediation. At the start, you may not agree on certain points, but you should not give up on the process. When both parties are committed to it, this method can often resolve issues that seemed impossible to settle amicably.

Without the fighting, both you and your spouse could be happier, even through a divorce. Moreover, the effect of a peaceful divorce is better for your children and their happiness in the long run. When everyone is on board and committed, this settlement process is a powerful tool.

If you are thinking of hiring a divorce mediation lawyer for the dissolution of your marriage, give the Law Office of Joanne Kleiner in Jenkintown, PA, a call. You can reach us at (215) 886-1266 or send a fax to (215) 886-2670.

Feb 15

What You Need to Know About Divorce With Adultery in Pennsylvania

How Does Adultery Affect a Divorce in Pennsylvania?

Most marriages don’t survive after adultery, with more than 66% of unions resulting in divorce. If adultery has taken place in your marriage, there are several important things to know about how it’s going to impact your divorce.

Divorce With Adultery Affects Alimony

The spouse who has committed adultery usually isn’t eligible for alimony in Pennsylvania. Many people think of alimony as given to the woman, but it’s actually given to the earner with the lower income.

However, in Pennsylvania, alimony isn’t automatically given to the person of lower income. The court considers a wide range of factors before deciding whether or not a person must pay alimony to their former spouse. These factors include:

  • Misconduct during the marriage
  • Length of the marriage
  • Financial needs
  • Assets and liabilities
  • Education
  • All sources of income
  • Earning potential
  • Potential inheritance
  • Health
  • Age

The court examines these factors of both spouses, not just one side.

Alimony in Pennsylvania doesn’t last forever. When the person receiving alimony improves his or her financial situation, the court may end payments. Sometimes, the court will rule that alimony must be paid for a certain period of time. In Pennsylvania, alimony isn’t necessarily paid monthly. Instead, the court may put you on an annual payment basis.

Pennsylvania courts have the right to modify or end alimony based on the changing financial circumstances of both parties.

If you’ve committed adultery and your spouse hasn’t, you’ll be more likely to have to pay alimony because adultery falls under misconduct.

How Adultery Affects Child Custody and Visitation

If a spouse’s infidelity has negatively impacted the children, then this can affect child custody and visitation rights. Without proof that a spouse’s adultery has negatively impacted the children, the adultery usually doesn’t influence a court’s decision on child custody and visitation.

Our Jenkintown family lawyer can help you protect your rights if you’re struggling to come to an agreement with your spouse on child custody and visitation. The Law Office of Joanne Kleiner has experience handling numerous aspects of divorce in Pennsylvania.

Adultery Is Sometimes Not Considered Cause for Divorce

If you forgave your spouse after their adultery, then Pennsylvania law likely won’t recognize it as the cause behind your divorce. You must prove adultery caused the divorce.

Another situation in which the state won’t acknowledge adultery as the cause for divorce is when both spouses cheated. However, alimony can still be given to the spouse with a lower income if both of you committed adultery.

Your spouse having an affair with another isn’t adultery if you consented to it or you received a benefit from it. An example of receiving a benefit from your spouse’s affair with another is knowingly spending money that was obtained from prostitution.

Be aware that your spouse may claim to have been insane when they committed adultery in order to still be eligible for alimony. If it turns out the spouse who committed adultery was actually insane at the time they cheated, then the court may allow them to receive alimony from the divorce as long as they can prove a financial need.

You Can’t Sue Someone for Adultery in Pennsylvania

People who commit adultery in Pennsylvania can no longer be prosecuted for it. However, a spouse can still be considered at fault for a divorce because of their infidelity. The court may give the adulterer a smaller portion of the property as a result of their infidelity.

How Do You Prove Adultery in a Divorce?

You must provide proof of adultery if you claim your spouse isn’t eligible for alimony because of adultery. Hold onto anything you can use as evidence your spouse cheated. Items you can use as evidence include hotel receipts, photos, videos, phone records, text messages, and emails. The proof you collect doesn’t need to be of sexual intercourse. Our Jenkintown family lawyer can further advise you on how to prove adultery in divorce in Pennsylvania.

Whether you’re the one who committed adultery, your spouse committed adultery, or both of you cheated, you should consult with a divorce lawyer to ensure your rights are protected. There are aspects of Pennsylvania divorce law that you may be unaware of, and you don’t want to be taken by surprise. Contact the Law Office of Joanne Kleiner at (215) 886-1266 today for advice on divorce, assistance with mediation, or representation in court in Jenkintown.

Dec 11

Handling the Holidays While Getting Divorced

Managing Divorce and the Holidays at the Same Time

Roughly 41% of all first marriages will end in divorce, and that percentage is even higher if it is a second or third marriage. While divorce may be relatively common, it doesn’t mean that it is an easy process to go through. It can be even harder if you are trying to get divorced during the months of November or December.

The Holidays Are About Tradition

One of the hardest parts about ending a marriage just before Thanksgiving or Christmas is missing out on the experiences that you once happily shared with another person. You may regret not being able to cook a turkey for your spouse and kids on Thanksgiving or open Christmas presents at your in-law’s house.

One way to overcome the loss of old traditions is to start new ones. For example, you may want to celebrate Thanksgiving with your kids the day before or after the holiday is officially observed. Instead of opening presents with extended family members, make a nice breakfast for your kids on Christmas morning.

You May Spend Time Apart From Your Kids

It can be extremely difficult for a parent to spend time away from his or her children during the holiday season. However, it is important to remember that your kids will want to spend time with as many different people as possible. Therefore, it is likely that you will be able to spend a few hours with them.

It is critical that you encourage your child to interact with your former spouse as much as possible. This prevents a child from feeling forced to choose one person over the other, and it makes it easier for your son or daughter to create memories that will be cherished forever. When you aren’t with your child, it may be possible to keep yourself in good spirits by baking cookies, listening to Christmas songs or simply taking a hot bath.

The Weather Can Make Everything Feel Worse

November and December are among the darkest and coldest of the 12 months. A lack of sunlight can cause a person to become depressed, anxious and tired regardless of whether he or she sleeps at night. Therefore, you could be more likely to be in a precarious state of mind even if everything was perfect in your relationship.

It may be in your best interest to speak with a therapist or take other steps to overcome any health issues caused by a cold or dark environment. For instance, you may want to consider adding artificial ultraviolet lighting in your bedroom or home. A portable light could help you be more productive at work or help brighten your mood while away from home. Our Jenkintown divorce lawyer may be able to offer other suggestions to help you through this difficult time in your life.

Try to Avoid Contact With Your Former Spouse

Looking at pictures of your former spouse online can be an easy way to become frustrated or upset. You should also refrain from calling or texting your ex unless your children are the subject. It is important to remember that everyone moves on from the end of a relationship in different ways. Therefore, the fact that the person who used to be your husband or wife may be with someone new doesn’t mean that he or she is over you.

It is also important to note that anything that you say or do could be used against you in a divorce hearing. The same is true in a child custody or support hearing. Therefore, you should keep your comments to yourself until the case is over. If you have to tell someone what you found online, it may be best to consult with our Jenkintown divorce lawyer. She may be able to use it as evidence in court.

If you are looking for help with your divorce case, contact the Law Office of Joanne Kleiner in Jenkintown today. You can reach our office by calling (215) 886-1266 or sending a fax to (215) 886-2670.

Oct 15

How to Get a Divorce Quickly

Ways to Quickly Finalize a Divorce

Getting a divorce can be an emotionally trying time for both parties involved as the marriage comes to an end. The risk of divorce is between 42-45%, which means almost half of all married couples have to endure the process. If you want to move on with your life and get a divorce quickly, there are a few critical steps to take.

Put Everything in Writing

All agreements need to be put into writing to ensure that no one changes his or her mind or goes back on his or her word whether it involves dividing assets or child custody. Creating a written agreement can prevent delays and complications even if you’re getting along with one another. It’s also necessary to collect specific documents to finalize the divorce. You’ll need to obtain your children’s birth certificates, your marriage certificate, the prenup agreement if there is one, your mortgage papers, portfolios and joint bank accounts. By staying organized, you can save extra time and avoid additional conflict.

Consider a Collaborative Law Divorce

Collaborative law divorce is one of the types of divorces available and can allow you to reach agreements outside of court. Not only could it make the process smoother and quicker, but it could also save you money. Similar to mediation, it involves a third party and includes negotiations to finalize the divorce. You won’t have to worry about the decisions that are made being imposed by the court. It can take place in an informal setting and include an honest exchange of information. Each person will need to hire his or her own attorney. Communicate to the legal representative what you want, but keep in mind that you’ll still need to compromise and remain flexible during the negotiation process. A licensed mediator may also need to be used if it becomes difficult to reach agreements. The process of a collaborative law divorce also includes meeting with other professionals, like child therapists and financial advisors, to receive additional information for your situation.

Remain Honest

Many people are prone to bending the truth while getting a divorce as a way to protect themselves. Unfortunately, a lack of transparency can be detrimental to your case if you fail to remain honest with your ex and his or her lawyer. You’ll need to completely disclose all your financial information and avoid moving money around or hiding it. If you’re caught lying, you can lose custody of your children and even some of the assets that are in the process of being divided.

Keep the Children in Mind

It can be easy to neglect kids while getting a divorce because many people focus on their own pain and trauma, which can lead to issues that lengthen the process of getting a divorce. Children can also experience the same effects, which makes it necessary to keep them in mind with each decision that is made when you’re separating from your spouse. Their well-being should be the top priority when working out the details of the child custody arrangement or dividing assets. It’s also important to avoid complaining about your spouse, which can negatively affect your kids and how they view the other parent. Consider investing in a therapist for both you and your children to ensure you can heal and move on quickly.

Make Communication a Priority

Although your marriage may have deteriorated, it doesn’t mean that you can’t engage in proper communication with your former spouse. Working together to complete the divorce can help avoid tension and conflict. Your spouse will be more willing to negotiate if he or she already has been communicating with you. Reaching an agreement on some of the main aspects of the divorce can allow it to be finalized more quickly.

Contact the Law Office of Joanne Kleiner in Jenkintown at (215) 886-1266 to find out more about how you can get divorced quickly. With the help of a family attorney, you can learn more about your rights and have the assistance of a legal professional who can help you navigate the process.