Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Divorce

Sep 05, 2023

Negotiating a Fair Divorce Settlement Outside of Court

Strategies for Achieving a Fair Divorce Settlement Outside of Court

The most well-known path to a divorce is through a lengthy set of court proceedings. However, this is not the only option. For many couples, it’s possible to achieve a favorable divorce outcome without the court’s intervention. This could save both parties a substantial amount of time, money, and stress while allowing for more creative and practical solutions.

Know Your Rights

Before you begin the divorce process, you should be aware that you and your spouse have the right to negotiate a fair settlement on your own. You can choose to draw up a mutually beneficial agreement without having the court decide on the terms of your divorce. The court is only required to review and finalize your divorce agreement.

Common elements of a divorce settlement include the division of assets, child support and custody agreements, and alimony. To pursue a divorce outside of court, you and your spouse must be willing to discuss all of these issues and come up with an arrangement that considers the best interests of all involved, including your children. You’ll then implement the terms in a written agreement before submitting it to the court for the judge’s final approval.

Consider Professional Assistance

If you and your spouse are particularly amicable, you may be able to draft a settlement agreement without the help of any outside parties. However, pursuing a no-court divorce doesn’t necessarily mean that you should forgo legal assistance. It is recommended that, at the very least, you each have separate counsel review your agreement to ensure that it is fair and legally binding.

You may also choose to have both parties be represented by your own divorce lawyers throughout the negotiation process, which can help ensure that each party’s interests are protected. Even if it saves time and money and you have a good working relationship with a lawyer who has helped your family in the past, you and your spouse cannot share a lawyer, however.

It may also help to enlist the assistance of a financial advisor who can help you divide assets fairly and come up with creative and equitable solutions. This professional could help you decide whether to sell property, stocks, and other assets.

In addition to legal assistance, couples may also benefit from mediation services. A neutral third-party mediator can help facilitate conversations and ensure that both parties are heard and respected during the negotiation process. This could be an appropriate option if you and your spouse have difficulty communicating or need help finding common ground.

Communicate Effectively

Once you’ve decided to pursue divorce outside of court, you must be willing to engage in active and respectful communication with your spouse. This means setting aside any animosity or hurt feelings and focusing on understanding each other’s needs, wants, and concerns.

During this process, compromise is key. It’s unlikely that you and your spouse will agree on every point in the settlement agreement, so both parties should be willing to make some concessions in order to reach an agreement that works for both of you. Know where you’re willing to be flexible and use effective negotiation techniques, like brainstorming creative solutions or making counteroffers. Be prepared to meet in the middle and accept compromises that you may not necessarily love but can live with.

Negotiating a fair divorce settlement outside of court is a viable option for many couples. It takes some extra care, attention, and patience, but it can be the best path forward. However, a no-court divorce isn’t for everyone, and it’s a good idea to consult with a divorce lawyer before you decide to go down this route.

If you’re considering a divorce in Jenkintown, Pennsylvania, and the surrounding area, the Law Office of Joanne Kleiner can guide you through your options and provide legal advice tailored to your unique situation. Contact us today at 215-886-1266 to schedule a consultation.

Aug 09, 2023

What is The Difference Between Divorce Mediation and Divorce Arbitration?

Exploring Alternative Dispute Resolution Methods

Divorce can become a costly and time-consuming process. However, couples do have other options they can choose. These alternative dispute resolution methods can result in less costly, quicker, and often more amicable divorces.

What Is Alternative Dispute Resolution?

The traditional way to resolve divorce issues is to go to court and let a judge decide. However, this means that the costs of divorce can keep growing as you continue fighting in court. It also puts control of the resolutions of the issues on the judge. Alternative dispute resolution methods offer divorcing spouses a way to keep more control over the process and the final divorce agreement. Negotiations are done outside of the court, and the resolution reached can then become a legally binding document that is presented to the court for final approval. It encourages collaboration between spouses for the benefit of both parties. Mediation and arbitration, while similar, are two different methods of alternative dispute resolution.

Understanding Mediation and Its Benefits

Divorce mediation involves the couple working with a mediator, who is a neutral third party, to figure out resolutions to their issues. Both spouses can also work with their own divorce lawyer for guidance and legal support during the mediation process. The process itself can take from one session of a few hours to several sessions over months. In many states, mediation is required by the court. The mediator is prepared to encourage and guide the spouses to reach an agreement on their issues. However, the mediator does not make the final decision. Once the couple reaches an agreement, they draft a legal document to present to the court. If there are issues that cannot be resolved, then litigation or further negotiations will be necessary.

Mediation offers couples many benefits. Some of these include:

  • Encouraging couples to collaborate on solutions to their issues
  • Each person having their voice heard
  • Space for creative and flexible solutions to the divorce issues
  • Shorter time to resolve the divorce issues
  • Lesser costs for the overall divorce

Understanding Arbitration and Its Benefits

Divorce arbitration also takes the negotiation of divorce issues outside the court. Like mediation, arbitration involves the couple working with a neutral, trained arbitrator. Each spouse can also work with their own divorce lawyer during the process. However, arbitration is somewhat different than mediation as each spouse must prepare and present their case to the arbitrator, who listens and asks questions. The arbitrator then decides on the divorce issues, and their decision is generally binding and is focused on a fair resolution of the divorce issues based on the evidence and case presented by each spouse. In that sense, it is also similar to court proceedings as well as to mediation.

Arbitration provides several benefits. These include a:

  • More streamlined process as the arbitrator makes the final decision on the issues
  • Less time-consuming divorce process
  • Cost-effective alternative to a court-divorce

The Differences Between the Two Methods

While both mediation and arbitration are alternative paths to the traditional court-divorce, they are not the same. Mediation puts total control of the resolution of the issues on the couple, while arbitration leaves the binding agreement to the arbitrator. In that sense, arbitration is more formal than mediation. It is also somewhat more costly than mediation, though both methods are generally quicker and less costly than a court battle. Mediation requires more work and commitment from the spouses to reach an ideal resolution, but arbitration might lead to disagreements over the fairness of the binding decision, particularly if one spouse feels that their case was not completely heard by the arbitrator.

Choosing between mediation and arbitration will depend on a variety of things, including the ability of you and your spouse to sit down and discuss the issues rationally. You can also benefit from the support of a lawyer who can explain the methods to you, prepare you for the process, and guide you through the negotiation. Call the Law Office of Joanne Kleiner in Jenkintown at 215-886-1266 to set up a consultation for your case and take the first step towards resolving your divorce issues and moving on with your life.

Aug 05, 2023

Divorce Mediation Frequently Asked Questions

Divorce Mediation in Pennsylvania: FAQs

While you might think that getting divorced will mean a bitter, protracted court battle, your likelihood of having to take your case to trial is small. An estimated 95% of divorce cases are settled outside of court through negotiations or alternative dispute resolution procedures such as mediation. Here are some frequently asked questions about divorce mediation to pose to an experienced Pennsylvania divorce lawyer.

1. What Is Divorce Mediation?

Divorce mediation is an alternative dispute resolution process that occurs outside of court. If you attend mediation, you and your spouse will each meet with a mediator. The mediator is a trained, neutral party who is skilled in helping people in conflict resolve their issues and reach an agreement.

2. What Happens if You Reach a Mediated Agreement?

If you reach an agreement in mediation, it will be memorialized in a legal document that you and your spouse can review and submit to the court. If you reach a full settlement agreement, its terms will be incorporated by the court as the orders included in your divorce decree. If you reach a partial agreement, those issues can be settled, and you can continue to negotiate or litigate the remaining issues.

3. What Happens if You Don’t Reach an Agreement in Mediation?

If you and your spouse can’t reach an agreement through divorce mediation, your case will proceed to trial. At a divorce trial, both of you can call witnesses and present evidence, and the judge will make a final decision for you.

4. What Types of Issues Can Be Addressed in Divorce Mediation?

In divorce mediation, you can try to reach an agreement on all of the outstanding issues in your case, including the following:

  • Child custody and parenting time
  • Property division
  • Responsibility for debts
  • What to do with the marital home
  • Spousal support
  • How pensions, IRAs, 401(k)s, and other accounts will be divided

5. Is Mediation Required in Pennsylvania Divorce Cases?

Attending divorce mediation is a voluntary decision agreed to by both spouses to try to reach a negotiated settlement agreement. If your spouse doesn’t agree to try mediation, you might try pointing out how expensive the alternative could be for both of you. Litigating a divorce to trial could take months or even years, and litigation costs can quickly add up.

6. What Are the Advantages of Divorce Mediation vs. Trial?

Mediation offers the following advantages compared to going to a divorce trial:

  • Faster way to get divorced
  • Much less costly than litigating a case through trial
  • Might be happier with the outcome than letting a judge make the decisions
  • Reduces conflict
  • More flexible than litigation

If you can reach an agreement in mediation, it can greatly shorten the time it takes to get divorced. In some cases, couples choose to attend mediation before filing for divorce and then pursue an uncontested case. Depending on the court’s schedule, an uncontested divorce could take from three to six months.

7. When is Mediation Inappropriate?

While mediation is a good choice for many divorcing couples, there are some situations in which going to mediation might not be in your interest. Mediation might not be the best way to resolve your divorce in the following situations:

  • Your spouse is hiding assets.
  • You are the victim of domestic violence.
  • Your spouse has serious drug abuse issues that endanger your children.
  • There is a significant power imbalance between your spouse and you.

If any of these situations apply to your case, it might be best to litigate your case through trial with the help of a dedicated divorce attorney.

Consult a Divorce Lawyer

If you are interested in divorce mediation as a possible way to resolve your case, you should reach out to an experienced Pennsylvania divorce lawyer in Jenkintown at the Law Office of Joanne Kleiner. Schedule a confidential consultation by calling 215-886-1266 or filling out our online contact form.

Jul 09, 2023

Divorcing Outside of Court

How to Divorce Without Going to Court

The average divorce takes 11 months to finalize. If you prefer a more straightforward process with less time in court, you have several options.

Can You Divorce Outside of Court?

Since the media tends to depict divorce as a big argument in court, many people assume that they have to go through a trial. However, the reality is that this type of divorce is often unnecessary. You are actually legally allowed to divorce without court. You and your spouse just draft your own divorce agreement and then file it with a judge. As long as your divorce agreement follows state laws, the judge will then sign off on it, and your divorce is finalized.

In its simplest form, a divorce is just paperwork. You’ll need to fill out documents about things like dividing assets and providing child support. A DIY divorce is technically possible, but most people prefer to work with a divorce lawyer even if they’re divorcing outside of court. All the legal details can be complicated, so a lawyer will help you be sure that all of the paperwork is properly filled out and submitted to the correct departments.

Explore Your Options for Divorcing Outside of Court

As long as you have a supportive lawyer, divorcing outside of court is theoretically easy. However, ending any relationship can bring up some surprising emotions, so it’s not always easy to work with your estranged partner. There are a few different methods that you can use to help you get the benefits of divorcing outside of court without causing undue stress.

A collaborative divorce is an option that works well when you and your spouse are on good terms. You informally discuss the divorce, talk about what works for each of you, and then meet with an attorney to process the paperwork. In a collaborative divorce, you work together to dissolve the marriage in a respectful and convenient way.

Mediation is a court-free divorce technique that helps those who struggle to talk to their spouse. In mediation, you and your partner both sit down with a neutral third party. The mediator is usually a lawyer or a person with expertise in both legal and psychological matters. This person guides you through the divorce process while helping to resolve disagreements and make suggestions on how to compromise. They act as a sort of referee and help to keep emotions from sidetracking the divorce process.

Arbitration is a good solution for cases where both parties cannot agree. An arbitrator is a family law expert who functions almost like a private judge. Both parties sign an agreement before beginning the process where they promise to follow the arbitration rules and accept the arbitrator’s decision.

The arbitrator will hear both sides of the argument and then make a recommendation for how the couple’s divorce agreement should proceed. Arbitrators have a little more authority than mediators, so they’re useful when you and your spouse have strongly opposing viewpoints.

Benefits to Divorcing Outside of Court

There are many advantages to divorcing outside of court. Many people find that divorcing outside of court allows them to:

  • Get the divorce finalized faster
  • Save money on court fees
  • Reduce overall stress levels
  • Avoid the risk of a judge making decisions that they disagree with
  • Stay on good terms with their former spouse
  • Keep the details of the divorce private
  • Build a stronger co-parenting relationship with less resentment

At the Law Office of Joanne Kleiner, our team has plenty of experience helping people to divorce outside of court. Our clients can count on us to make the process as simple, fast, and stress-free as possible. To set up a free consultation with a Jenkintown divorce lawyer, call 215-886-1266 or email us today.

Jul 05, 2023

What is an Amicable Divorce?

Amicable Divorce: What You Need to Know

Divorce is never an easy process for anyone involved, but it doesn’t always require a bitter court battle. An amicable divorce is a viable option for couples who are willing to work together and create an agreement that reflects the best interests of both parties. This type of out-of-court divorce is often less stressful and time-consuming than traditional divorce proceedings.

Getting a Divorce Outside of Court

An amicable divorce is based on the agreement of both parties. This means that they must be willing to work together, compromise, and come up with a mutually beneficial plan for terms such as child support, child custody, spousal support, and the division of their assets and liabilities.

An amicable divorce is more likely to be successful if the couple agrees on all of the terms. If they disagree on even one issue, they’re more likely to need to take their dispute to court and allow a judge to make the final decision. An amicable divorce may still be an option if the couple is open to compromise about the contested issues, but they may need to seek out professional help from a mediator or lawyer.

The Amicable Divorce Process

The amicable divorce process often involves both parties working with a professional mediator who is trained to facilitate negotiations. The mediator is a neutral third party who helps the parties come to a resolution that is satisfactory for both and keeps them focused on their ultimate goal of reaching an agreement.

The divorce terms that are settled upon during divorce mediation will then be incorporated into a settlement agreement. Couples pursuing an amicable divorce may also choose to be represented by their own divorce lawyers during the negotiation process.

After the settlement agreement is drafted and signed by both parties, it will be submitted to the court. The judge will review the agreement and approve it if they determine that it meets the legal requirements for divorce in their jurisdiction. Once the agreement is approved, the judge will incorporate its terms into a final divorce decree, which officially ends the marriage.

The Benefits of Amicable Divorce

When available, an amicable divorce is often more financially, emotionally, and logistically sensible than a divorce that involves going to court. It allows couples to settle their disputes privately, which is a concern for many people as once divorce proceedings enter the courtroom they become a matter of public record. Furthermore, because couples don’t need to wait for a trial date, they aren’t subject to lengthy court backlogs and can finalize their divorce quicker.

This option also allows couples to have more control over the divorce process and create an agreement that reflects their needs. Creative solutions are more accessible in an amicable divorce since the couple knows each other. A judge will not have the same insight into what assets are important to each partner.

Emotionally, an amicable divorce reduces the tension and hostility that can arise during traditional court proceedings. Without having to fight for a favorable outcome in court, couples can focus their energy on creating a mutually satisfactory agreement and ultimately part ways with respect. And when minor children are involved, the collaborative approach may provide an opportunity to co-parent more effectively and minimize the emotional toll of divorce on the kids.

Both mediation and collaborative divorce ultimately require commitment, compromise, and patience from both parties, but they are excellent options for Pennsylvania couples who are motivated to part ways peacefully without the need for court intervention. If you’re interested in this type of divorce, you might want to seek the assistance of a qualified divorce lawyer who can help you determine if it’s the right choice for you. Contact the Law Office of Joanne Kleiner at 215-886-1266 to speak with an attorney at our Jenkintown office about your legal rights and options.