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Divorce Lawyer Joanne Kleiner

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Divorce

Sep 26, 2013

Being Mean Costs Money

When a marriage of longstanding breaks down, some people just want to get out – right now. They are not interested in living even one minute longer with their spouse. Based on this sort of emotional state, Janet (name has been changed), after discovering her husband had betrayed her, left the house and marital assets in care of her husband. She said she didn’t care about anything but getting out. After papers had been signed and she had time and support to think rationally about the betrayal, she realized too late she had given up much of her marital property, without a fight.

Acting Out of Anger and Being Mean

She acted out of hurt. And it cost her. It also costs when you act out of anger. You probably have really good reasons to be angry. Except that acting that anger out in the divorce process is going to cost you. And it will make it harder to put the marriage and all that it represented behind you.

When you start feeling like you need to take action to do something right now to fight your spouse, or to fight for your rights, or to counter-act something that he or she said, realize you are acting out of emotion, and probably desperation.

Rather than taking action right then, do something completely different. If you have the opportunity to do something that you love right then and there, do it. Give yourself something to feed your spirit in the moments of anger and need to be mean.

Take Good Care of Yourself When You Find Yourself Wanting to Lash Out

During the divorce process, consider taking extra good care of yourself. What does that look like for you? Does it mean extra hours at the gym? Hiring that personal trainer? Getting a massage? Going to a spa? Tucking into a good book? Seeing funny movies? Finding a counselor who you can trust you’re your feelings? Seeking out friends who will understand? Planning a vacation with the kids? Develop some goals for taking care of yourself, so you can shift gears quickly when you really want to “get” your spouse.

You might consider meditation, yoga, tai chi, or other practices that can help calm the mind.

When you feel like you want to call your spouse and zap her or when you want to call your lawyer and complain about your spouse, or you find yourself unable to control your upset when you see the partner, it’s time to seek extra resources such as a support group, a spiritual leader who will listen to you, and/or a therapist who can help you navigate through this difficult and painful transition.

The cost of a counselor will be far less costly – and more beneficial – than the cost of venting your anger with your attorney. As well, as you resolve more of your conflicted and upset emotions around the loss of your marriage and dream, you will be able to think clearer about how to chart a solid path into the next phase of your life.

Being mean doesn’t only cost you money as attorneys play surrogate in your battle against one another. Being mean and playing dirty, especially when it comes to a child custody conflict, can mean that you will be in and out of court for years to come regarding petty slights and infringements of the custody agreement. Your spouse drove you crazy one way or another while you were married. Don’t let him or her drive you crazy after the divorce. That defeats the whole point of your divorce, to let go and move on.

While most of us are not yet in this financial league, it’s interesting to note that Madonna’s divorce to Guy Ritchie in 2008 reportedly had her paying him a $75 million settlement. Mel Gibson allegedly paid out $425 million to Robyn Moore Gibson in 2011. However, Rupert Murdoch’s $1.7 billion settlement is probably one of the highest settlements in history – so far.

Most of us don’t have that kind of money with which to settle our differences and put the past behind us. One thing is certain, being mean does cost money. When you make decisions out of anger, the compulsion for revenge, or upset, that decision may come back to bite you where it hurts. Additionally, you might regret some of the things you have said in anger, but you will never be able to take them back.

Remind yourself that you have more to lose by being mean than you do by taking care of yourself and taking action to resolve the situation. It’s also important to recognize that your life will get batter. Things will get better. Right now it may feel terrible, and like you will never get over it. But you will figure it out, and you will get over it, and letting go of the mean will help you do so more quickly.

Having a knowledgeable attorney who will keep you on track is also a really useful strategy.

Divorce Questions? Skilled Jenkintown Child Support and Family Law Attorney

Discuss your concerns relating to divorce and other family law matters with a knowledgeable, experienced family law attorney. To schedule a completely confidential consultation with a knowledgeable and caring family law attorney at Joanne E. Kleiner & Associates, in Jenkintown, PA, please call 215-886-1266 or you can fill out our intake form and we will contact you.

Keeping you focused on the big picture and the issues that matter most…
Joanne E. Kleiner & Associates. We serve clients throughout Montgomery, Bucks, Philadelphia counties, and the surrounding areas in matters involving Social Services, Child Protection, child custody, support, divorce, and other family law matters.

Aug 12, 2013

When the house mortgage is underwater and you’re divorcing

One of the major marital assets is the home. Typically, when a couple goes through a divorce and they own equity in a home with a mortgage, one of two scenarios occurs. The first scenario is that one person is awarded the home in exchange for other financial stipulations or considerations in the divorce agreement. If so, the mortgage is usually refinanced into that person’s name individually. On the other hand, the house is sold, and the proceeds from the sale are divided among the couple. Unfortunately these scenarios become a little more complicated when the mortgage is underwater. In that event, the home is a liability rather than an asset, and the couple is faced with how to deal with overcoming the debt. There are several options available in this situation, including, but not limited to, refinancing (with programs designed to help underwater homeowners, such as Home Affordable Refinance Program – HARP), short sale, foreclosure, or deed in lieu of foreclosure. As a final option, you could also stay together in the home, despite the divorce, until the mortgage payments are under control. If you are going through a divorce and are currently struggling with an underwater mortgage, be sure to speak with an experienced attorney to determine which option is the best for your individual situation. Ultimately, underwater mortgages only cause the divorce process to become more difficult.

For additional information about Pennsylvania family law or the divorce process, or to discuss your particular situation and learn about your options, please schedule a confidential consultation with attorney Joanne Kleiner by calling us at 215-886-1266. Or, fill out our intake form and we will contact you. The decisions you make today really will affect your future. Let us help you make those decisions intelligent and informed.

Aug 05, 2013

Do I need a restraining order / order for protection?

Restraining orders are very powerful tools and can provide you and your family with various forms of protection. A restraining order, a form of equitable relief, is a court order and can be granted to protect someone from being physically abused, threatened, stalked or harassed. Furthermore, a civil restraining order can also grant someone custody of their children, order visitation and child support, provide court orders, and even require the other party to refrain from or to do something. You should seek a restraining order if someone you are related to or are in a close relationship with has abused you or your child.

It is important to differentiate the two types of courts that handle restraining orders and domestic violence. First, civil court handles actions brought by the victim, who can either be an individual or business, and does not aim to punish the other party, but rather to control and prevent the actions of the other party. A violation of civil law is not punishable by imprisonment; however, a violation of a civil court order, such as a restraining order, is considered contempt of court, which in turn is a criminal act and may be punishable by fines and/or imprisonment. There are two types of restraining orders that may be sought in civil court: (1) Domestic Violence Restraining Orders (DVRO) and (2) Civil Harassment Orders (CHO). The difference between the two turns on the degree of relationship between the victim and the perpetrator. In order obtain a DVRO, there must be a familial or other close relationship between the two parties. However, there is no specific relationship required to obtain a CHO.

Second, criminal court handles only actions brought by the state, rather than the victim, against an individual for violating one or more state criminal laws. Orders issued in criminal court are primarily intended to punish an individual, the perpetrator, for violating state laws. There are two types of orders: (1) Criminal Protective Orders and (2) Emergency Protective Orders.

For additional information about Pennsylvania family law or the divorce process, or to discuss your particular situation and learn about your options, please schedule a confidential consultation with attorney Joanne Kleiner by calling us at 215-886-1266. Or, fill out our intake form and we will contact you. The decisions you make today really will affect your future. Let us help you make those decisions intelligent and informed.

Jul 26, 2013

How intrusive can the divorce court judge be?

Father of 9 ordered to stop having children, divorce judge puts deadbeat dad on a budget until he pays off child support arrearages

An unprecedented ruling out of Wisconsin has many questioning just how intrusive can a divorce court judge be. A Wisconsin father of nine who’s behind on child support payments has been ordered by a judge not to have any more children until he can show that he can provide for them. Racine County prosecutors say 44-year-old Corey Curtis, who fathered the children with six women, owes nearly $100,000 in back child support and interest. Judge Tim Boyle sentenced Curtis to three years of probation for failing to pay child support with the condition that he is not to procreate until he can show he can support his children. Read more: Full article.

Are you considering divorce? Talk to an experienced family law attorney who knows how to protect your rights and help you understand consequences of your decisions. Contact the Southwestern Philadelphia law firm of Joanne E. Kleiner & Associates or call (215) 886-1266 to schedule a consultation with an experienced family law attorney.

Jul 19, 2013

Keeping your cool in a high-conflict divorce

After over a year of failed negotiation attempts, Demi Moore and Ashton Kutcher’s divorce turns into an ugly heated battle as Demi claims entitlement to an eight-figure amount, including a $10 million payout Ashton earned post-split.

In some divorce cases, the spouses are able to somehow put their differences aside and amicably come to agreement to resolve their disputes. On the other hand, there are some spouses who refuse to be civil and cooperate with the other, and in doing so, create further conflict and emotions that get in the way of settling the divorce. Such high-conflict and emotional divorces unfortunately tend to be the norm and can be extremely heated, lengthy and expensive, often hindering the spouses from making rational decisions that are in their best interests.

It is important to remember the repercussions a high-conflict divorce can have on other people and family members, especially children. In order to minimize the negative effects divorce has on everyone involved, one should always try their best to keep their cool and avoid conflict as much as possible. One way to do so is to minimize or control the contact and communication between the spouses. Also, it is beneficial to the overall process if all communications and meetings are done on neutral ground and at the control of legal representation for both parties.

For additional information about Pennsylvania family law or the divorce process, or to discuss your particular situation and learn about your options, please schedule a confidential consultation with attorney Joanne Kleiner by calling us at 215-886-1266. Or, fill out our intake form and we will contact you. The decisions you make today really will affect your future. Let us help you make those decisions intelligent and informed.

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