Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Divorce

Sep 13, 2024

Debunking Common Myths About Divorce Mediation

Divorce is often portrayed as a bitter, drawn-out process that can only be settled through litigation. While this is sometimes true, many couples find that divorce mediation offers a more peaceful and productive path forward. Unfortunately, a lot of misinformation surrounds the mediation process, leading to confusion about its benefits and limitations.

At the Law Office of Joanne E. Kleiner, we specialize in family law mediation and have over 35 years of experience helping clients resolve their disputes amicably. In this blog, we’ll address some of the most common myths about divorce mediation to help you better understand what to expect from the process.

Myth 1: Mediation Only Works if Both Parties Agree on Everything

Many people believe that mediation is only for couples who are already on the same page about key issues like property division, child custody, and support. However, mediation is specifically designed to help parties resolve disputes. Even if you and your spouse have significant disagreements, a skilled mediator can help you find common ground.

The mediator’s role is to facilitate productive discussions and offer guidance that allows both parties to reach a mutually beneficial agreement. You don’t have to start with an agreement to finish with one.

Myth 2: You Don’t Need an Attorney in Mediation

While it’s true that mediation doesn’t involve a judge, that doesn’t mean you should go through it without legal representation. A family law attorney plays a critical role in mediation by advising you on your rights, helping you prepare for negotiations, and ensuring that any agreements you reach are in your best interest.

At the Law Office of Joanne E. Kleiner, we guide our clients through mediation, ensuring that they are well-prepared and fully understand the process. Whether you’re working with one of our mediators or another mediator, having legal support can make a big difference in the outcome.

Myth 3: Mediation Is Always Faster Than Litigation

Mediation is typically faster than litigation, but it’s not always a quick process. Complex issues such as business ownership, high-value assets, or intricate custody arrangements can take time to resolve. However, the benefit of mediation is that the timeline is in your control—not a judge’s. This flexibility allows for more thorough discussion and creative problem-solving, which may take longer but often leads to better, more durable solutions.

Myth 4: Mediated Agreements Are Not Legally Binding

Some believe that because a mediator doesn’t have the authority to issue orders, agreements reached in mediation aren’t legally binding. This is incorrect. Once both parties agree on the terms and the agreement is finalized, it can be submitted to a court and entered as a binding order. Both parties are then legally obligated to adhere to the terms, just as they would be if the agreement were reached in court.

Myth 5: Mediation Doesn’t Work in High-Conflict Divorces

While it’s true that mediation may not be the right fit for couples dealing with domestic violence or extreme power imbalances, it can be effective in many high-conflict situations. A skilled mediator helps keep the conversation focused on solutions rather than letting emotions take over. If both parties are willing to try, mediation can even help de-escalate conflict and lead to more constructive conversations.

How the Law Office of Joanne E. Kleiner Can Help

At the Law Office of Joanne E. Kleiner, we believe that mediation is a powerful tool for resolving family law disputes, and we’re committed to helping our clients navigate the process effectively. Whether you’re considering mediation for your divorce or need guidance on a specific issue, our team has the experience and expertise to ensure that your interests are protected.

If you have questions about whether mediation is right for your situation, contact us today to schedule a consultation. Let us help you find a peaceful and positive path forward.

Aug 09, 2024

How to Benefit From a Former Spouse’s Work Record

Gray divorce has been on the rise over the past 30 years while the divorce rates of younger age groups have fallen. Although a divorce later in life can wreak havoc on your retirement savings, this isn’t always the case. Depending on the details of your situation, it may be possible to claim Social Security benefits based on your former spouse’s work record.

Know Eligibility Criteria Before You Apply

There are several criteria that you’ll need to meet if you’d like to file a claim based on your former spouse’s work record. First, you will need to be at least 62 years of age when you file. Next, you’re only eligible if you were married to your former spouse for at least 10 years, and you must be single at the time of filing. An exception may apply if you remarried and the marriage ended because of a divorce or because your most recent spouse passed away.

Your Former Spouse Is Largely Not a Factor

You won’t need to ask permission from your former spouse to file a claim based on their work record. In fact, your spouse doesn’t have to know you filed at all, and their benefit won’t be impacted by the fact that you have sought benefits off of their earnings history.

You should also know that your former spouse doesn’t have to be receiving benefits before you file a request. Finally, you can still get benefits even if your former spouse is remarried. However, to receive divorce benefits, your former spouse does need to at least be eligible for their own benefits. You will also need to wait at least two years after the divorce before seeking these benefits.

How to Determine the Amount of Your Monthly Payment

The Social Security Administration (SSA) will only issue one payment per month. Typically, this is the greater of your own benefit or 50% of your former spouse’s benefit. For example, say you were due $1,000 per month based on your own work record. If half of your former spouse’s benefit would be less than $1,000 per month, you would file based on your own work record.

There are a couple of ways that you can determine how much your former spouse is set to receive. First, you can simply ask them directly. However, if you don’t think that your former spouse is going to respond to your inquiry, you can always contact the SSA directly.

You’ll Need to Wait for Your Full Benefit

Although you can file for benefits at age 62, you won’t receive your maximum benefit until reaching full retirement age (FRA). If you were born prior to 1960, your FRA occurs when you reach your 67th birthday. It is important to note that if you apply for benefits based on your work record, your monthly benefit amount continues to increase until you turn 70. However, with divorce benefits, your benefit maxes out when you reach your FRA.

Other Issues to Consider

If you are working or collecting a pension from your own employer, it might impact your ability to collect divorce benefits. Your divorce lawyer can discuss with you what might happen if either of those scenarios apply in your case. The attorney might also be able to help you gather the documents needed to get your claim approved.

For instance, you’ll likely need a copy of both your marriage license and divorce decree, and in some cases, you’ll be required to provide original copies of those documents. You can ask your attorney or visit the SSA website to get a full list of records you may need.

If you are in need of a divorce lawyer, don’t hesitate to contact the Law Office of Joanne Kleiner today. You can reach our Jenkintown office by calling 215-886-1266 or by sending a message through the contact form on our firm’s website.

Aug 05, 2024

Integrative Mediation: A New Approach to Divorce Worth Considering

There was a divorce rate of 2.2 per thousand in Pennsylvania in 2022, and it continues to drop. This is good news, although there are still times when a divorce is what both parties prefer. Below, we discuss the components of integrative divorce mediation.

What Is Integrative Divorce Mediation?

There are several ways for couples to end a marriage other than going through an adversarial courtroom battle. A newer type of divorce is what’s known as integrative mediation proceedings. This involves both of the spouses and a series of experts, which may include a mediator, attorneys, mental health experts, psychologists, and financial experts.

How Does Integrative Mediation Work?

While it’s not unusual for estranged couples or their respective divorce lawyers to call in experts, these professionals usually don’t work together. With an integrative divorce, the experts work together to help reach an acceptable agreement between both parties. These experts are neutral in that they want what’s best for both parties, not one party or the other.

What Are the Benefits of Integrative Mediation?

It’s a less contentious process since the experts are neutral and not favoring one party or the other. Also, the process is generally smoother and more civil. A wide range of topics can be covered during the mediation process when discussing the end of a marriage, including division of assets, spousal support, and who gets the marital home. The process is often completed with an agreement that spells out everything that was agreed upon by both couples in writing.

With a traditional divorce, the professionals work independently of one another and have one party’s interests in mind only. This often results in important matters being overlooked. Or worse yet, the experts for each party may fail to agree on much of anything. This can draw out the divorce process.

With court proceedings, there tends to be an adversarial approach to divorce. In other words, there are more likely to be disagreements. In this instance, the judge may make decisions that don’t fully benefit either party.

With an integrative mediation process, both parties get to pick the professionals involved. These experts are mutually agreed upon, and they can be changed throughout the process if so desired.

Who Should Try Integrative Mediation?

This type of mediation doesn’t work for all couples. If a couple is unable to agree on anything, for example, a divorce lawyer may get involved, or a judge may make final decisions about such things as alimony and division of assets. Generally, there has to be a willingness to work together by both parties. If one party is absolutely insistent on getting their way, for instance, integrative mediation would not be effective.

How Do You Create an Integrative Mediation Team?

An online search is a good way to start. If this doesn’t work out for you, consider working with an attorney to find experts. Keep in mind, the experts an attorney finds for one party must be acceptable to the other party and their attorney. All professionals involved must agree to work together as you end a marriage. It’s usually best to research the professionals you wish to work with ahead of time to determine if they (a) participate in integrative mediation and (b) can remain neutral.

Can Integrative Mediation Work When Children Are Involved?

Absolutely. This type of divorce is often recommended for situations of this nature. Because integrative mediation is based on mutual agreement, there’s less likely to be fighting over issues related to child custody such as parenting time and visitation. This is ultimately better for the children and parents. Any differences are usually worked out peacefully. In this instance, the experts work together to offer compromises if there is disagreement over parenting time.

What Are the Costs Associated With Integrative Mediation?

Costs vary. However, the final costs are often lower than what’s associated with court-based divorces or mediation where both parties hire their own set of experts. In this case, expenses for the experts involved can be shared if there is mutual agreement to do so.

How Long Does Integrative Mediation Take?

It depends on the issues involved. Normally, this type of mediation is completed faster than what’s typical with court proceedings or traditional mediation.

Who Can Benefit From Integrative Mediation?

Couples of all ages can benefit from integrative mediation. It also works for couples with or without children. Additionally, you don’t need to have significant assets to benefit from integrative mediation. Couples with only minimal assets, for example, can still get advice from experts on basic divorce issues such as who gets the house and how what’s in the bank is divided.

Contact the Law Office of Joanne Kleiner today to speak with a Pennsylvania divorce lawyer about the integrative mediation process or other issues related to divorce.

Jul 14, 2024

When Only One Spouse Wants A Divorce

What Happens When Only One Spouse Is Ready for Divorce?

Divorce rates have consistently declined in the United States over the last few decades, and Pennsylvania currently has one of the lowest ones in the country. However, not all couples wish to remain married, and sometimes, only one person wants to proceed with the divorce. This situation can complicate things, but in the end, if one person wants a divorce, they will be able to acquire one.

Each Spouse Has Their Own Journey

Both spouses rarely decide on divorce at the same time. Usually, one spouse might consider it first, but the other spouse might not agree immediately. Some couples might choose couples therapy to work on their relationship. When couples are in opposite emotional places—with one set on divorce and the other focused on the marriage—they might choose a short-term therapy called discernment therapy. There are few sessions to this type of therapy, and the therapist meets with the couple and then with each person individually during each session. By the end of the process, the spouses decide on whether they want to continue or not. The goal of discernment therapy is that each spouse gets to know themselves better and that each gains a deeper understanding of their marriage so they can be more confident in deciding where to go from there.

When Only One Spouse Wants to Move Forward With the Divorce

Even after therapy, only one spouse might be ready to move forward with the divorce, so they may face resistance from the unwilling spouse. That resistance might be expressed in different ways, all of which could affect the process. Some of the ways a spouse’s reluctance may manifest include:

  • Agreeing to the divorce and then not going through with anything requested of them
  • Using emotional manipulation and threats to attempt to control the other spouse
  • Acting in a loving, supportive way, hoping for a reconciliation then lashing out in anger when the reconciliation does not happen

Approaching an Unwilling Spouse

If you anticipate that your spouse will be reluctant to pursue a divorce, you need to figure out the best way to approach them. Understanding why you are choosing to end the marriage will be difficult for them, but showing them compassion from the beginning can help them eventually understand your decision and, in turn, realize that the marriage is over. However, you need to also be sure that divorce is the path you want to take, as you will need to be firm when you do speak to them about it. Before you have the conversation, be prepared to explain why you want the divorce while remaining respectful of your spouse and their feelings.

Choosing a Non-Adversarial Divorce Process

One of the ways you can show your spouse that you have compassion for their situation is by choosing a non-adversarial divorce process. Not all divorces have to be long, drawn-out court battles. Once you have decided to move forward, you should speak with a divorce lawyer about your choices. You have several options to choose from that allow you and your spouse to keep more control over your decisions in a more private setting, which can help when the other spouse might still be unsure about where the marriage is heading. Some of these options include:

  • Collaborative divorce
  • Divorce mediation
  • Divorce arbitration

These alternative dispute resolution options can help you avoid litigation. Your divorce lawyer can invite your spouse to begin the process and advise about what to do if they are still reluctant and combative about the process.

Finding the Right Attorney Is Important

Divorce is complex even when both spouses agree to move forward with it. Finding the right attorney is important. You should find a Pennsylvania lawyer who will listen to you about your situation and your desires for the process and beyond, who will explain your options carefully and advise you as to the ones that will meet your needs. At the Law Office of Joanne Kleiner, you can find the compassion and guidance you seek. Call us today at 215-886-1266 or use our contact page to set up an appointment at our Jenkintown office.

Jul 10

When You First Meet With Your Divorce Attorney

Meeting Your Divorce Attorney: The Initial Consultation

The stress associated with divorce causes many to dread the first encounter with their divorce attorney. Even if it’s the right decision for everyone involved, it’s still hard to get through the process. There were nearly 700,000 divorces reported in the U.S. in 2022, so you don’t have to feel alone in this struggle.

But meeting with a divorce lawyer doesn’t have to be scary or stressful. Before you step into our office for the first time, it may be helpful to learn what you might expect from the experience.

Potential Conflicts of Interest

The first thing that generally happens before the initial consultation is a conflict of interest check, but there’s no need to feel singled out by this. It doesn’t mean our office has anything against you. This is just standard practice as a way to make sure that there are no situations that would make it impossible for us to represent you in court.

The conflict check may be done by another member of the staff at the divorce attorney’s office. Provided there aren’t any issues, our office will reach out to make an appointment.

Meeting for the First Time

At this first meeting, you’ll want to make sure you’re ready to talk about your situation both emotionally and mentally. It’s helpful to both the attorney and you if you have all the facts straight beforehand.

This first meeting should feel more like a conversation than an interrogation, but you will likely be expected to do most of the talking. Your potential attorney will want to learn everything they can from you, so prepare for a lot of questions.

Some information may be reviewed multiple times and from different angles to ensure that a complete and accurate picture is portrayed. This is all so the attorney has everything they need to know about the circumstances in your situation to build the strongest case possible.

All About You

The attorney will probably start with basic personal information like your address and how to get in touch with you. They will then move on to your background as it pertains to this family law matter.

You’ll be asked about when you got married and if you and your spouse have any kids together. Your attorney will want to know their names and how old they are.

Next, you’ll talk about where you and your spouse work and how much money you both make. The attorney will ask about any liabilities and assets that you both have.

Assets encompass things like vehicles, stocks, bonds and accounts including retirement. Liabilities encompass student loans, mortgages and credit card debt. You’ll need to know how much you have in each account. Your lawyer will also ask about your current income.

Be prepared to talk about any prenuptial agreements that were made. Your potential lawyer will ask if there were any assets held by you or your spouse before you got married and that you still retain. They will also need to know whether either of you inherited money at some point while you were married.

Potential Problems

You’ll then discuss the obstacles that your case presents. Custody and parenting time are common examples, along with the associated money matters of child support and alimony. There’s also the cost of college tuition and the myriad other expenses that come with it.

Your attorney will run you through the property division principle of equitable distribution when it comes to your real estate, bank accounts and liabilities. You’ll also discuss the potential need for an expert witness to help build a strong case.

Alternate Dispute Resolution

You may talk about alternative ways to resolve the dispute. These include collaborative divorce, arbitration and mediation. Your lawyer will explain the advantages and disadvantages of each when compared to standard courtroom divorce proceedings.

If you do decide that traditional litigation is best for you, your divorce lawyer will then give you a breakdown of the judicial procedures to expect, how long the process takes and important dates to keep in mind.

Finally, you’ll also talk about the financial aspects of working with the attorney. These include the method of payment, how much they charge per hour, the initial retainer and the frequency of billing.

Call the Law Office of Joanne Kleiner at 215-886-1266 for a Pennsylvania divorce attorney who will work with you through every step of the way. You can also visit our office in Jenkintown at 261 Old York Road, Suite 402.