Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Divorce

Jan 07

How Long Does a No-Contest Divorce Take to Complete in Pennsylvania?

What Is the Timeline for a No-Contest Divorce in Pennsylvania?

Since 2019, divorce rates have been on the rise. According to Business Insider, the physical, mental and emotional stresses of a nearly two-year-long COVID-19 pandemic are wearing on people, with those 27% of marriages in people age 20 to 24 ending in divorce in 2020. When two people want to end their marriage quickly and without a long court battle, a no-contest divorce may offer an ideal timeline for both parties.

Choosing a No-Contest Divorce

A no-contest divorce is different from a no-fault divorce. In a no-fault divorce, you and your ex-partner agree that you’re incompatible for marriage and neither party is to blame. A no-contest divorce means that you and your ex-spouse agree on the grounds for the divorce. Both a fault and a no-fault divorce can be uncontested in Pennsylvania.

Filing a Summons

The first step in a no-contest divorce is filing a summons. The summons is filed in court and to your spouse. The partner who receives the summons is called the defendant. The defendant has 20 days to respond to the summons. As soon as they accept and sign the affidavit, your divorce lawyer may immediately file divorce papers with the court. If the defendant doesn’t respond within 20 days, you as the plaintiff can have your attorney file for divorce in court.

Using a Notary Public

If the defendant doesn’t plan to contest the divorce, they can sign the affidavit in front of a notary public. You can sign the papers at the same time, then your attorney can file them with the court. This may be faster than using a summons if you and your ex-partner agree to a no-contest divorce.

Pennsylvania Waiting Period

Pennsylvania law requires a 90-day waiting period in lieu of the one-year waiting period. To do this, both parties must agree on all issues before the filing and before the papers are handed to a judge. You and your ex-spouse agree to not contest any issues, including child custody, spousal or child support or the division of property.

Filing for Divorce in County Court

The next step in a no-contest divorce is filing papers with the county clerk where the plaintiff resides. Once papers are filed with the court, the timeline is out of your hands, your ex-spouse’s hands and your attorney’s hands. Some counties have busier family courts than others. In general, it may take a family court judge six weeks to six months to read, approve of and sign the papers after the completion of the 90-day waiting period. Your attorney may have an idea of the court’s current caseload at the time of your filing, and they may be able to give you a more accurate estimate of how long it might take the judge to sign your paperwork.

Court Appearance

You will receive a letter with a court date regarding your no-contest divorce. You must appear in person to sign the documents in front of the judge. It’s a good idea to have your divorce lawyer present at this court proceeding to review the paperwork and make sure everything is in order. This court appearance is typically brief, although you may have to wait for other cases to be processed during the court’s operational hours.

Remarriage

Although remarriage might be the last thing on your mind after a divorce, you may want to know if there’s a waiting period for it in Pennsylvania. In Pennsylvania, there is no waiting requirement for remarriage after a divorce.

Anyone considering a no-contest divorce in Pennsylvania should speak with a divorce lawyer for additional information about the process and to determine whether or not it’s the best course of action. Knowledge of the typical timeline for this process will help you plan for your personal and financial future. To schedule a consultation with the Law Office of Joanne Kleiner, call 215-886-1266, or fill out our online form to be put in touch with our Jenkintown divorce attorney.

Dec 02

What Are the Differences Between Getting an Annulment and a Divorce?

Key Differences Between an Annulment and a Divorce

If you’re considering ending your marriage with the assistance of a divorce lawyer, you’re not alone. In the USA, about 50% of marriages end in divorce. Second and subsequent marriages have even higher divorce rates, and understanding the difference between an annulment and a divorce will help you make the best decision for your personal and financial future.

Invalidation of the Marriage

The biggest difference between a divorce and an annulment is that an annulment declares the marriage to have been legally invalid. A divorce is the ending of a legally valid marriage. By declaring a marriage invalid, an annulment is like erasing a marriage. However, the legal marriage records still remain on file in the courts. A religious annulment has no legal standing. If you want a legally binding annulment, this requires a court process.

Legal Termination of a Valid Marriage

A divorce is the legal termination of a valid marriage. The divorce decree states that both parties are single again. It ends all of the legal rights and obligations that married spouses have to each other. It also ends the legal benefits of a marriage, such as health care and survivorship benefits.

Reasons for a Divorce

Courts accept a wide variety of reasons for a divorce. The most common type of divorce is a no-fault divorce. This means that neither party is the cause of the ending of the marriage. “Irreconcilable differences” is the most frequently cited reason behind a no-fault divorce.

Pennsylvania law allows you or your soon-to-be-ex-spouse to file for a fault divorce. A fault divorce entails proving that the other party in the marriage acted in a way so as to end the marriage. Some reasons for a fault divorce include adultery, domestic violence, and cruel treatment. In a fault divorce, there are differences in the divorce settlement. For example, the spouse who committed adultery may be ineligible for alimony. The other spouse will have to prove to the court that the adultery took place in order to be granted a fault divorce.

Reasons for an Annulment

You may consider filing for an annulment if you or the other party believes that the marriage should never have taken place. For example, you may have gotten married by the justice of the peace after going on just two dates with your spouse. If you decide this marriage should never have taken place, filing for an annulment is a way to erase the marriage. Other reasons for an annulment include the discovery of secrets. If you would have had access to this information at the time of the marriage, you would not have gone through with it. For example, if your spouse had a child and didn’t tell you about them, this may be a reason for annulment.

Legal Grounds for Annulment

Pennsylvania courts also offer legal grounds for annulment that are not available for divorce. For example, if the marriage is incestuous or if one or both of the spouses were not legally old enough to marry, these are grounds for an annulment.

Eligibility for Alimony

After an annulment, neither party is eligible to receive alimony or spousal support. After a divorce, one of the parties may be able to receive alimony. Alimony may be granted if one person was a stay-at-home spouse or parent, cannot work, or earns significantly less money than the other spouse.

A consultation with a divorce lawyer in Jenkintown, PA, makes it easier to understand the options for ending your marriage. After consulting with a divorce attorney, you’ll have peace of mind knowing that you explored all of the options and made the best possible decision for your future. For more information about the differences between an annulment and a divorce, contact the Law Office of Joanne Kleiner at 215-886-1266, or fill out our online form today.

Nov 01

Answers to Questions About Collaborative Divorce

Collaborative Divorce in Pennsylvania: FAQs

According to a 2019 statistical survey, Pennsylvania’s divorce rate is 2.6, meaning an average of 2.6 residents out of 1,000 end their unions each year. But every dissolution of a marriage doesn’t have to be War of the Roses 2.0, and increasingly, people are choosing the collaborative divorce route.

What Is a Collaborative Divorce?

A collaborative divorce is an excellent option for people who want to avoid court. Instead of attending hearings in front of a judge, the two parties use mediation and joint negotiations to craft an agreement. When both parties sign the terms, the lawyers oversee the legal legwork, and nobody ever has to step foot into a courtroom.

When Was Collaborative Divorce Legalized in Pennsylvania?

Gov. Tom Wolf signed the Pennsylvania Collaborative Law Act on June 28, 2018. The statute made collaborative divorce a viable option in the Keystone State.

Can We Use One Lawyer in a Collaborative Divorce to Save Money?

No. Although both attorneys work together in collaborative divorces, each party needs their own divorce lawyer to represent their best interests. Otherwise, conflicts of interest could arise.

What Other Professionals Are Involved in the Collaborative Divorce Process?

In some cases, a team of experts may be brought in to facilitate negotiations. Typically, accountants or investment planners participate in the process. If you need to establish a co-parenting schedule, you may want to enlist a child psychologist or counselor.

Are Collaborative Divorce Negotiations Confidential?

Yes. In the overwhelming majority of cases, collaborative divorce negotiations are confidential. Moreover, both parties agree to not file court pleadings unless the process proves unsuccessful.

What Are the Stages of Collaborative Divorce?

Each divorce is different, so it’s impossible to give a play-by-play of how every divorce will unfold. Some couples may only need to go through four stages to get it done, and others may need eight. But the average collaborative divorce case cycles through the following six steps.

  • Step 1: Hire lawyers
  • Step 2: Sign the collaborative divorce agreement
  • Step 3: Choose the professional team that will participate in negotiations
  • Step 4: Engage in discussions and meetings
  • Step 5: Sign the divorce settlement
  • Step 6: Lawyers prepare the papers for the official divorce documents

How Long Will a Collaborative Divorce Take?

Again, every case is different. Some people are able to finalize their divorces within a few weeks, and others take months. The process is significantly shorter if you don’t have kids or many assets. Generally speaking, however, collaborative divorces move at a faster clip than litigation.

What Are the Benefits of Collaborative Divorce?

Collaborative divorce has many benefits, including:

  • More control over the process
  • No court-related scheduling issues
  • Increased confidentiality
  • Less stress/more amicable

For some families, the collaborative divorce process proves easier on the children.

What’s the Difference Between Collaborative Divorce and Mediation?

The mediation and collaborative divorce processes are very similar. The main difference is that third-party negotiators guide mediations, and collaborative divorces involve lawyers.

What Happens If Collaborative Divorce Negotiations Don’t Work?

If you and your spouse go through the collaborative divorce process and cannot reach an agreement, you can dissolve the negotiations and head to court. If you take that route, however, both of you must obtain new lawyers, as the original attorneys are required to withdraw.

Do Collaborative Divorces Cost Less Than Traditional Ones?

Each situation is different. For many people, collaborative divorces cost less than litigation. But if the negotiations are complicated, the price tag for both could be comparable.

For some Pennsylvania couples, collaborative divorce may be the way to go. To explore your options, consider speaking with a divorce lawyer at the Law Office of Joanne Kleiner. You can reach us by calling our Jenkintown office at (215) 886-1266.

Oct 22

How to Negotiate a Divorce Settlement With Your Spouse

Tips for Negotiating Your Own Divorce Settlement

A pro se divorce is a divorce in which one or both spouses represent themselves. Divorce lawyers generally recommend a collaborative divorce as an alternative, but if you do represent yourself, there are certain strategies you can employ to help ensure a successful divorce settlement.

Research Your Legal Rights and Responsibilities

You and your spouse have certain legal responsibilities that cannot be negotiated away. An attempt to do so will result in refusal of the proposed divorce settlement agreement by the judge. It is also essential that you understand your legal rights because it is possible for you to negotiate them away.

Check Your Emotions

No matter how amicable, a divorce will be an emotional affair. A potential benefit to retaining the services of a divorcee lawyer is that it helps to eliminate the excess emotions. However, emotions are not necessarily bad. They are only problematic when you let them get in the way. Think positive. Get ample rest. Exercise and eat well, and if you ever feel overwhelmed, take a break from the negotiation in order to reboot.

Set Mutual Ground Rules

Negotiation should start with agreeing on ground rules. Determine when, where and how you will negotiate. Agree on a neutral site. Establish a timeline and a deadline.

Be Flexible

In order for a divorce to be amicable, it is important to be flexible and to work to ensure that any agreement benefits both you and your spouse. Keep an open mind. Brainstorm alternatives when there seems there are none, and be willing to concede at times. You both will have to.

Negotiate Based on Interests

A common mistake when negotiating a divorce with a spouse is bargaining from a position rather than what your interests are. If you focus on what is important to you rather than what you have a right to, you may relinquish your position at times, but you will likely gain more ground and at a faster pace.

Identify Needs and Wants for Both Spouses

Not only is it useful to negotiate based on your interests but the interests of your spouse. Wants are important, but needs are integral. If your spouse has a need and you seek to negotiate a settlement that does not meet that need, you likely will not be successful, and you will at the very least fail your spouse.

Know Your Finances

Another common mistake is not having a full appreciation of your finances, and it is not uncommon in marriages for one spouse to have much greater awareness of the money situation than the other. This lack of knowledge puts you at a disadvantage and could lead to a wide range of bad decisions.

Recognize Your Best and Worst Alternatives

BATNA and WATNA are negotiating concepts that apply to divorce settlements, and they are acronyms for best and worst alternative to a negotiated agreement. What if the negotiation fails? What are the worst things that could happen? The answer to that question is often enough motivation to help reach a compromise.

Determine Your Bottom Line

Determine the aspects of any agreement that you simply cannot live without. Explain those to your spouse and have him or her do the same. Make sure that your bottom line is realistic, and be willing to walk away if your spouse is not willing to reach a bottom line that is fair and practical.

Always Have a Plan

Have a plan in place even before you agree on the ground rules. Be open to the idea that your plan will change. Determine your bottom line, but try to recognize your spouse’s bottom line and all the areas in which you can be flexible. Also, consider contingencies for those times when things do not go as expected.

Protect Your Interests and Legal Rights

If you are considering divorce or if your spouse has already filed, the Law Office of Joanne E. Kleiner is here to help. Schedule a consultation with a divorce lawyer through which we can assist you in determining the best path for you and your family. To do so, you can contact us online, or call our Jenkintown office at 215-886-1266.

Oct 18

How to Split the Family Home in a Divorce Without Going to Court

Ways to Fairly Divide Your Home With Your Ex

Since a home is most people’s largest asset, it’s no surprise that property disputes are one of the biggest reasons for fights during divorce proceedings. If you are not interested in a court battle, it is a good idea to be flexible and talk about your options. Here are some ideas for how you and your estranged spouse can fairly divide your family home.

Exchanging the House for Other Assets

The first thing to recognize is that it’s not technically necessary to split the house. During a divorce, you are splitting all the assets you and your partner contributed to. So if one person really loves the house and the other person doesn’t care at all, it may be worthwhile to just let that person have the house. To keep asset division fair, your divorce lawyer might suggest that the other spouse gets things like a bigger portion of a retirement fund, more of the joint savings account, or possession of other property. This solution works best in cases where couples have a lot of assets, so a house is just one of the many things to negotiate. It may not be possible if all your funds are tied up in the value of your home.

One Partner Buying Out the Other’s Share

This option is popular in a divorce where you want to split all assets down the middle, but one partner wants the house more than the other does. On the surface, it’s a simple thing that involves one person giving away some of their personal funds, while the other person gets full control of the house. The tricky part is determining the value of the house. Some people may want to get half of the full market value of the house. Others may be fine just getting half of the original cost of the house or half of what they both paid into the house over the years. When negotiating this, it may be necessary for the seller to decide whether their goal is maximum profit or just recouping a little costs and escaping the responsibilities of home ownership.

Continuing to Co-Own the House

Sometimes, either partner selling their share just doesn’t work. Often, people want to wait to sell until market conditions improve or until their kids move out of the home. Keeping your finances entangled can be a little tricky. It’s a good idea to get help from a divorce mediation practitioner who can assist you with navigating all the emotions and financial disagreements involved in co-owning a house after divorce. You will need to be able to handle things like splitting the cost of repairs and agreeing on who gets to spend time in the house. Keep in mind that you will each technically be responsible for the full cost of the mortgage, so it can make it hard to get credit for things like car purchases.

Selling the House and Splitting the Profits

Selling the house, subtracting all costs, and then dividing the profits into two equal shares is a fairly simple way of dealing with the conflict. Though actually preparing the house and selling it takes time, this agreement reduces arguments and gives each person money to start their new life. This is actually the solution the courts usually recommend if the two spouses cannot agree on who gets the house. However, going through the court takes extra time, and then you would have a rushed sale that might not net the highest cost. Therefore, agreeing to this solution can give you a little more time to find a favorable sale.

As you can see, there are a lot of creative solutions to the question of who gets the house. Having a divorce lawyer who can help you negotiate a clear and satisfying agreement can take a lot of the stress out of dividing assets in a divorce. The Law Office of Joanne Kleiner is here to assist people living in Montgomery, Bucks, and Philadelphia counties with their divorces. Call 215-886-1266 or fill out our contact form to learn more about how we might be able to help you.