In the United States, over 34% of marriages end in divorce, according to one study. This can have both positive and negative consequences for you and your family. Here are the pros and cons of divorce.
Divorce
How a Collaborative Divorce Attorney Can Help
Divorce is a personal and often emotionally charged experience. While it can be seen as adversarial, many couples seek options that avoid contentious litigation. In the United States, there are over 20,000 collaborative lawyers guiding clients through these alternative divorce processes.
What is Collaborative Law?
Collaborative law is found in divorce and other aspects of family law. This legal process allows couples to work with their lawyers and other professionals to avoid court. With that, they can achieve a settlement that best meets the specific needs of both parties and their children.
This voluntary process begins when the couple signs a participation agreement. This contract binds them to the process and disqualifies their respective lawyers’ rights to represent them in any type of litigation.
The collaborative process can also be used for disputes between parents. It can also be used to create pre- and post-marital contracts. The traditional method of drawing up marital agreements is oppositional. However, some couples prefer to have these documents created in a mutually agreeable process.
One unique aspect of collaborative law is that the parties cannot use or threaten to use the court system. If a party threatens a lawsuit, the collaborative law process terminates. As a result, the lawyers cannot further participate in the dispute.
Collaborative law processes also have the added benefit of being cost-efficient for the involved parties. The legal process is a unique and innovative approach to divorce.
Collaborative lawyers in this setting serve as advocates for their clients. They encourage communication between spouses, assist in negotiations and provide legal guidance throughout the process.
A collaborative divorce lawyer also works closely with other professionals, such as financial experts and divorce coaches. Together, they can ensure that their clients receive comprehensive support.
What sets the collaborative process apart is the commitment to avoiding litigation. Collaborative lawyers help couples navigate divorce’s emotional and legal complexities with respect and dignity.
What Is a No-Contest Divorce?
When a couple unanimously agrees on all aspects of their divorce, they can opt for a no-contest divorce. In these cases, collaborative lawyers make sure that all necessary legal documents are accurately prepared. They also assist in creating a divorce agreement that reflects the mutually agreed-upon terms.
With their experience in family law, a collaborative lawyer can help clients navigate the complexities of the necessary paperwork. They are here to protect their client’s rights and interests throughout the process.
Collaborative lawyers can be valuable in cases involving:
- A division of assets
- Child custody
- Support arrangements
Can They Assist With Mediation?
Many times, mediation involves the presence of a neutral third party. During this process, a mediator assists divorcing couples in reaching mutual agreements.
Collaborative lawyers play an important role in preparing their clients for mediation sessions. They educate their clients on their legal rights and responsibilities.
Additionally, a collaborative lawyer will serve as a legal advisor throughout the mediation process. In all cases, they want to make sure that any agreements align with their client’s best interests.
When the mediation is successful, the collaborative lawyer formalizes these agreements into legally binding documents. They will also make sure that negotiated terms are enforceable.
What Happens in Divorce Arbitration?
Divorce arbitration is another option for couples who want to avoid going to court. In this case, the arbitrator makes binding decisions on contested issues.
Once again, the collaborative attorney helps prepare their clients for arbitration. They assist in:
- Presenting their client’s case
- Gathering and presenting evidence
- Advocating for their client’s position during arbitration proceedings
While the arbitrator makes the final decisions, the collaborative lawyer keeps the process fair and equitable. With this approach, couples can resolve disputes while maintaining more control over the process than traditional litigation.
For divorces that don’t require court intervention, collaborative lawyers are highly skilled professionals who can help in the process. They can guide couples through various divorce pathways, including no-contest divorce, divorce mediation, and divorce arbitration. In turn, they can help their clients reach amicable, respectful and legally sound solutions to their marriage dissolution.
Reach Out To a Pennsylvania Divorce Attorney
Find a skilled divorce attorney to assist with spousal support, child custody and other issues. Contact the Law Office of Joanne Kleiner at 215-886-1266. Feel free to schedule a consultation to learn more about the options for your divorce case.
Who Should You Include in a Collaborative Divorce Team?
The average cost of a divorce in the United States is between $15,000 and $20,000. It can be less expensive both financially and emotionally when you and your spouse are committed to working out your issues to benefit all members of the family in a collaborative divorce. To make this possible, it’s a good idea to gather a collaborative divorce team to support you through the process.
Who Makes Up Your Collaborative Divorce Team?
Your collaborative divorce team is composed of several professionals who work together to help you and your spouse reach positive outcomes on the issues that remain to be resolved. They focus on the interests of all members of the family and work towards a solution that is satisfactory to both spouses and that protects the best interests of the children. These professionals can include:
- Each spouse’s divorce lawyer
- A collaborative financial professional who can explain all aspects of the couple’s finances and the consequences of financial decisions
- A divorce coach to help spouses learn to communicate and negotiate amicably
- A mental health professional who specializes in family issues and child development
Why Is a Collaborative Divorce Team Important?
As with any process, your support team is vital for success. In a collaborative divorce, this team is made up of professionals who can help you understand the different areas that are relevant as well as help you find solutions to any issues that you’re facing. The team should be made up of professionals who are knowledgeable about and committed to the collaborative process. They can help you find ways to better communicate with your spouse, focus on the needs of the children, and understand your legal and financial situation.
The Divorcing Spouses and the Collaborative Divorce Team
Both spouses are also active members of the team. The collaborative divorce process allows them to keep control of the outcome as they work their way to solutions that they both approve of. While each spouse consults with their own divorce lawyer, they also work together with the other team members and with each other to find a way forward. They can be creative in resolving issues and can ask their team members for clarification and specific support. Team members can help spouses look at different options available to them to help them choose the one that best fits the needs of their family.
The Importance of a Financial Professional
The financial choices made during a divorce will impact each spouse’s life afterward. For this reason, a financial professional can help the spouses understand their own financial status during and after the divorce and explain the different options they have and the impact of each choice, including tax consequences. Finally, they can help each spouse financially plan for their post-divorce future, creating realistic budgets and evaluating their future financial needs.
Supporting the Family Through the Process
Legal and financial issues are not the only factors in a collaborative divorce. The emotional impact will have repercussions for years to come. To assist with this side of the process, spouses can work with a divorce coach who can help them learn methods of positive communication and conflict resolution and understand the family dynamics, including the triggers that might lead to conflict. A divorce coach can also help the couple develop a custody plan and provide tools as the family transitions into the new normal.
Similarly, when the couple has children, a mental health professional focused on child development can assist the parents in maintaining the interests of the children at the forefront of the process and help them focus on what outcomes they want as a family for the future. They may even be able to meet with the children independently to help them address any feelings that they’re having.
Finding the right lawyer who is committed to the collaborative process is important for the success of your divorce. Joanne Kleiner can answer your questions and guide you through the process. You can contact us at the Office of Joanne Kleiner in Jenkintown at 215-886-1266 to make an appointment for an initial consultation.
What to Look for in a Divorce Mediator
How to Choose a Divorce Mediator
If you and your spouse have chosen to use the mediation process for your divorce, you will want to take time to research and choose a mediator. Because all mediators are different, you should be ready to ask questions and review their backgrounds to decide if you are both on the same page when it comes to divorce goals.
Research the Mediator’s Background
Choosing a mediator for your divorce might be one of the most important decisions that you and your spouse make as the mediator will be guiding you through the process, providing legal information, and encouraging you and your spouse to reach agreements on the various issues. During mediation, you and your spouse can each also work with your own divorce lawyer as part of your divorce team. Part of the preparation in choosing a divorce mediator should be research into their background. There are several things to look for, including:
- How much they focus on divorce mediation in their practice
- Their professional preparation, including certifications and ongoing studies
- Their former clients’ perceptions of their work
- Their involvement in professional organizations related to mediation
Get to Know Your Mediator
You can schedule a consultation to meet the mediator. During this meeting, you and your spouse should ask questions that will allow you to judge how they might fit with your divorce goals. This initial consultation is a good way to decide if you are both comfortable with the mediator and if you feel that you will be able to trust their guidance and advice. You can evaluate how empathetic the mediator is and whether you believe that they will be truly neutral during the process.
During this consultation, you can also talk about the mediator’s background since they will be offering you advice during the process. Finally, as part of the consultation, you should also discuss the services offered by the mediator and the costs involved.
Understanding the Mediator’s Role in Your Divorce
As part of your initial meeting with the mediator, you should discuss the process of mediation and the role of the mediator. Understanding this is important so that you and your spouse can successfully reach a divorce agreement on the issues, even if you each also retain a divorce lawyer during the process. Some of the other important aspects of mediation that you might want to ask about include:
- The length of mediation, which can take several sessions
- The impartial role of the mediator, who will not take sides during the negotiations and instead will guide you both to communicate and negotiate
- The preparation each spouse must do before the mediation starts, such as outlining their case and goals and gathering important documents
Mediation might help you reach an agreement on all your divorce issues. However, there are times when that is not possible. In those cases, you might draft an agreement that outlines only the issues that were resolved and then choose how to proceed with the remaining issues, either by settling them later or by going to court.
How Much Does Mediation Cost?
The costs of mediation can vary and will depend on the way that each mediator chooses to charge for their services. If a mediator charges by the hour, then the total cost will depend on how many sessions you and your spouse need to solve your issues and how long those sessions are.
Other mediators might charge a flat fee for all their services so that you can have more control over the costs from the beginning of the process. Either way, mediation is often a more economical way to resolve your divorce issues than a court battle, particularly as you usually spend less time reaching agreements on the issues.
If you are ready to resolve your divorce issues in a less contentious way, you can schedule an appointment with the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania. We have over 35 years of experience helping our clients reach divorce agreements that allow them to move forward with their lives. You can call 215-886-1266 to set up a meeting.
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.