Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Divorce

Apr 09, 2024

The Pros and Cons of Divorce Arbitration

Divorce rates have trended up a bit in Pennsylvania in recent years according to area divorce lawyers. Despite this, less than 5% of divorces in Pennsylvania go to court, which is below the national average. Even divorces that are contested often end up in arbitration rather than litigation.

What Is Divorce Arbitration?

Divorce arbitration is a middle ground between divorce mediation and divorce litigation. It provides a means for couples who have disagreements to resolve them and end their marriage without going through a protracted and public court battle. The estranged spouses first have to agree on a divorce arbitrator. The arbitrator, who is often a former judge, hears evidence and testimony from both sides and then makes a decision.

Pro: Confidentiality

One of the biggest drawbacks to litigation is the forfeiture of privacy. Divorce records in Pennsylvania are public, and this is true no matter how you achieve the divorce. The issue with litigation is that all of the evidence and testimony is public as well. In arbitration, those details are only known by you, your spouse, the arbitrator and the judge who grants the divorce.

Con: Relinquishing Control

Most divorces in Pennsylvania are achieved through either an amicable divorce process or mediation. Control is one of the main advantages to those approaches. With arbitration, you relinquish control the further you progress through the process. You have a say in who the arbitrator is and what the arbitration contract entails. However, once you agree to that contract, the arbitrator now has full control.

Pro: Cost

An amicable negotiated divorce is by far the cheapest way to end your marriage. Nevertheless, if issues cannot be resolved in that manner, arbitration is far more appealing financially. You must pay the cost of your attorney and half the cost of the arbitrator, but most divorce arbitrations take less than a day. With litigation, you are lookng at far more time and higher expenses.

Con: Limited to Specific Issues

It is uncommon for arbitration to encompass the entire divorce in the manner a court case would. This has a couple of implications. Firstly, it means that you and your spouse will need to decide which issues are arbitrated and which are not. Secondly, the issues that are not arbitrated need to be resolved through other means. This adds complexity because you’ll likely have issues you agree on, those that must be mediated and then those that must be arbitrated.

Pro: No Courtroom Formalities

Court proceedings in Pennsylvania must adhere to a strict set of rules. This is true whether the case being heard is about divorce or a crime. That means that there is often documentation and processes that are required but not necessary. This adds to the time and cost of the divorce. In arbitration, these formalities are not required and are quite uncommon. The couple does have to agree on the structure of the arbitration, but the the arbitrator will generally seek to expedite the process.

Con: Limited Right to Appeal

Arbitration may either be binding or non-binding. If the arbitration is non-binding, the decision is not enforceable by the court. This is most common when a divorce is going to court and a judge orders the arbitration in the hopes of avoiding protracted litigation.

When a couple chooses to arbitrate their divorce, binding arbitration is usual. After the arbitrator makes their decision, you usually have no recourse once the judge agrees to it and grants the divorce. There are exceptions, but those are generally limited to child custody, child support and alimony. Any other decisions are final.

Divorce Arbitration in Pennsylvania

The Law Office of Joanne E. Kleiner has more than three decades of experience helping clients navigate their family law issues. If your marriage is coming to an end, you should meet with a divorce lawyer to discuss your case. To schedule an appointment with us, call our Jenkintown office at 215-886-1266, or contact us online.

Apr 05, 2024

Living Separate and Apart Can Help You Define Your Divorce

Some couples choose to separate before they divorce. However, while in Pennsylvania the court will not officially recognize a legal separation, proving to the court that you and your spouse were living separately and apart can be an important factor in a divorce.

What Does Living Separate and Apart Mean?

Living separate and apart means that a couple has decided to stop living as a married couple, even if they are continuing to live under the same roof. They sleep in separate bedrooms, do not entertain guests together, and generally maintain separate lives. It is usually implied that they have also ceased to have sexual relations. When couples live “separate and apart,” it is understood that neither spouse has engaged in any of the aspects that define a marital relationship.

Why Do Some Couples Choose to Live Separate and Apart?

There are many reasons why couples might choose to live separate and apart before seeking a divorce. For some couples, this might be a short-term situation, but for other couples, this might be the ultimate solution to their issues. Some of the reasons couples choose this include:

  • Needing time to decide if they want to proceed to a divorce or continue working on their marriage
  • Dealing with religious or cultural pressures that frown upon divorce
  • Retaining access to benefits such as health insurance, tax breaks and military benefits
  • Saving money while both people explore separate housing arrangements
  • Providing stability for the children

Crafting a Legal Separation Agreement During this Period

When couples live separate and apart, they might also choose to negotiate a separation agreement. Each spouse will want to work with their own divorce lawyer to prepare the agreement, which is in some ways a postnuptial agreement.

Such an agreement is one way to establish clear rules about how the separation might work. This might also help them prepare for their divorce settlement negotiations. Some of the things couples can include in a separation agreement include:

  • Each person’s responsibility for paying bills
  • A child custody schedule
  • A schedule and rules for the use of the family home
  • Child and spousal support payments

How Living Separate and Apart Can Be a Precursor to Divorce

When a couple is struggling in their marriage, they might want options to resolve the issues. However, if the couple chooses to proceed with the divorce, there must be proof that the marriage has ended. Living separate and apart is one way to show this.

In a no-fault divorce, for example, living separate and apart can be the grounds on which a divorce is granted, even if only one spouse files the divorce complaint that the marriage is irrevocably broken. If that spouse provides proof that the spouses have been living apart consistently, the divorce might be granted even if the other spouse does not provide their consent.

Once a spouse files a complaint for divorce, the court presumes that at least from the date that the complaint was served on the other spouse, if not earlier, the spouses were living separate and apart. During this time, each spouse could consult with their divorce lawyer to begin their plan for the divorce negotiations. The couple might choose litigation to resolve their divorce issues, but they might also consider other divorce options, such as mediation, arbitration, or collaborative divorce. These options, along with a no-fault divorce, might help couples avoid a costly and drawn-out divorce process.

Find a Divorce Support Team That is Right for You

Having a divorce support team is important to help you make the best choices during the process. Having a team that will listen to your concerns and answer your questions honestly while guiding you through your divorce can help you achieve your goals. At the Law Office of Joanne Kleiner, we can provide the assistance you seek. Call us today at 215-886-1266 to schedule a consultation with Joanne Kleiner at our Jenkintown offices.

Mar 09, 2024

What is a Collaborative Divorce Participation Agreement?

In 2022, approximately 29,000 Pennsylvania marriages ended in a divorce, a slight decrease from the previous year. While some of them ended up being litigated, you might prefer a no-court option, including collaborative divorce. An important step of this process is the collaborative participation agreement, which outlines what the spouses are committing to, how it will work, and that both spouses and their lawyers will sign before the process begins.

The Collaborative Divorce Process

When couples choose the collaborative divorce process for their divorce, they opt for an alternative conflict resolution method that keeps them out of court and encourages them to work together to resolve their issues. Each spouse works with their divorce lawyer, but neither pursues litigation. They all sign an agreement that establishes their commitment to the process. Court divorces can be time-consuming and expensive, but a collaborative divorce can help couples reach solutions faster, therefore saving them time and money. Some of the issues couples can resolve in a collaborative divorce include:

  • Child custody and support
  • Alimony
  • Division of marital property

Spouses Have to Commit to the Collaborative Process

Before it all begins, the spouses and their lawyers sign the collaborative participation agreement, which commits them to having open, honest cooperation to resolve their issues together. It is the document that shows that both spouses are entering into this type of process in good faith, to resolve their issues through positive communication and want to avoid the additional tensions that a court divorce entails. However, in the agreement, the spouses usually also agree to provisions that address the possibility of being unable to resolve all issues, as the process itself is voluntary. On the other hand, the agreement also includes language that shows both parties are committed to seeking a resolution of their issues without litigation. Finally, it contains provisions regarding the use of third-party experts when necessary, such as accountants, financial professionals, therapists and others, who might provide a variety of support services.

The Collaborative Participation Agreement Can Protect the Children

Children can be an important part of the divorce process. However, protecting them from the effects of the marital conflict is a high priority for their estranged parents, particularly as they look out for the best interests of their children. For this reason, divorcing spouses might include information about insulating the children, as much as possible, from their conflicts and differences, and parents can commit to this through the agreement. This might include a promise to not seek a child custody evaluation without the consent of the other parent. The collaborative process encourages parents to seek child custody solutions unique to their family situation.

What Other Issues are Addressed in the Collaborative Participation Agreement?

Even the spouses who want to avoid court might find themselves struggling to resolve their issues through the collaborative process. Since the entire process depends on both spouses being on the same page about resolving issues amicably, there might be cases where either one or both spouses decide to back out. To address that situation, couples might add a variety of points in their agreement, including:

  • The process for canceling the collaborative process if either spouse is no longer committed
  • How to handle any misrepresentation or withholding of information from the other party
  • Language preventing either divorce lawyer from representing their client in court if the collaborative process ends

If you are looking for a no-court option for your divorce, you will need a lawyer who has experience helping their clients resolve their issues without litigation and helping them reach a fair, balanced settlement. You might find the answers you seek by calling the Law Office of Joanne Kleiner at 215-886-1266 to schedule a consultation at our Jenkintown office.

Mar 05, 2024

Debunking Common Myths About Divorce Mediation

Roughly half of all marriages in the United States end in divorce, and divorce rates are higher among those over the age of 55 compared to all other age groups. While a divorce might have to be resolved in court, it’s possible to do so through mediation. However, it’s important to understand exactly what the process entails so that you can make the most of your time and money spent there.

Not All Mediators Are the Same

It’s true that the mediator that is retained will serve as a neutral party who seeks to facilitate a conversation. However, your mediator’s background will play a significant role in how your case plays out. For example, if you and your spouse are struggling to resolve issues related to property division, it may be best to find a mediator who has experience in the financial sector.

If you’re struggling to resolve issues related to child custody or support, it may be best to work with a child psychologist. Of course, there are mediators who simply serve as neutral parties with no specific professional background.

Mediation Isn’t Just a Way to Save Money

Mediation is often thought of as a process that low-income people use to save money during the divorce process. However, the truth is that anyone can benefit from mediation regardless of their financial status. This is because people of all income levels generally experience the same emotions or have the same general desire to end their marriage as quickly and equitably as possible. Parents also tend to have the same urge to protect their children regardless of how much money they have, and mediation can be an effective way to shield kids from the toxic side of divorce settlement proceedings.

You Don’t Need to Agree for Mediation to Work

Many people believe that mediation only works if you are on the same page about key issues. Of course, if you were on the same page as your spouse, there would likely be no need for mediation at all. In fact, there is a good chance that you would still be together if everything was going smoothly within the relationship.

Mediation allows you to express yourself openly and honestly without feeling judged by your spouse or anyone else in the room. In many cases, the ability to engage in such a manner makes it easier for each side to drop their guard and negotiate in a collaborative manner.

It’s important to understand that the mediator’s role is to anticipate power dynamics within a relationship and work to neutralize them. This means that your spouse won’t be able to use the fact that he or she earned all the money in the marriage as a tool to get you to agree to a bad deal.

There Are No Winners or Losers

You may think that your gender, economic status or other variables might preclude you from getting a fair deal in a mediated settlement. However, the truth is that the mediator will work with both sides to ensure that each person walks away with what they need.

Ultimately, the goal is not to win or lose the negotiation. Instead, the goal is to simply express yourself and to work in good faith with your spouse and the mediator. It is important to note that mediation probably isn’t in your best interest if you or your spouse aren’t interested in reaching a consensus.

Instead, it may be in your best interest to hire a divorce lawyer and head straight to court to have outstanding issues resolved by a judge. However, it’s not uncommon for one or both parties to initially take a cold or condescending approach to mediation before eventually softening over the course of a session or over the course of multiple sessions.

If you are in need of a Pennsylvania divorce lawyer who has experience with the mediation process, don’t hesitate to contact the Law Office of Joanne Kleiner today. You can do so by calling the Montgomery County office at 215-886-1266 or by sending a fax to 215-886-2670.

Feb 09, 2024

Striving For a Simple Divorce

Strive for a Simple Divorce

Getting divorced can be among the most challenging periods in a person’s life, and mental health professionals recommend striving for as simple a process as possible. With the help of a divorce lawyer, you can achieve a simple divorce through a collaborative process, and if you need help agreeing on certain matters, that assistance is available through divorce mediation.

No-contest Divorce

A contested divorce is one in which one of the spouses challenges the divorce either because they cannot agree on a matter, or they simply may not want to end their marriage. In these scenarios, litigation is often required, and a judge hears the case and makes the final decision. An uncontested, or no-contest, divorce is when both parties agree on all matters necessary to achieve the marital separation. As long as the final agreement is legal, the judge will sign the order without interference, and this means that the couple has full control over their divorce.

The Collaborative Process

Even couples that are committed to splitting up amicably will have disagreements. Compromise is necessary, and the collaborative divorce process is how this is achieved. Note that the process is unique for everyone since it needs to be tailored to the specifics of the marriage.

You can navigate this process yourselves, but many couples will have a faster and more successful experience if they have the help of a divorce lawyer who can help them manage the collaborative process. The lawyer does not represent either spouse but rather works with both parties together to ease the collaboration. Of course, each spouse will also have their own lawyer who will represent them specifically and protect their interests.

Divorce Mediation

If a couple is having difficulties agreeing on matters like finances and child custody, mediation can be part of the collaborative divorce process. It is similar to the process discussed earlier except that there is a mediator who takes a more active role in helping the parties reach an agreement.

Divorce mediation can also involve experts. A common example of when this is necessary is when a couple is divorcing but owns a small business together. This will often require a unique and creative agreement that may involve accountants and business advisors.

Divorce Arbitration

Divorce arbitration may be necessary when mediation fails and is often recommended by the courts as an alternative to a trial for a contested divorce. This process is similar to a trial but is not bound to the rules of the court. Arbitrators are typically retired judges and attorneys. One unique facet of arbitration is the arbitrator’s ruling is binding and final, but the approach is far less expensive and time-consuming than a trial in cases where the spouses cannot otherwise agree.

Unbundled Divorce Services

Divorce can be expensive. In fact, the average cost of a divorce for Pennsylvania couples is more than $14,000. It is important to note that divorces that require litigation greatly drive up that amount. Through an alternative process, you can spend substantially less than that even if mediation or arbitration is required.

Another way that you can limit your costs and keep your divorce simple is by paying for only what you need. Some fees, such as the $300 needed to file your divorce are baked in, but most services and expenses are up to your discretion. You can, for instance, ask one of our divorce attorneys to review your marital separation agreement, represent you in court, collect evidence on your behalf, and/or provide overall guidance. You can decide in which of these matters you will want to have legal assistance.

Simple Divorces in Pennsylvania

The Law Office of Joanne E. Kleiner has more than 35 years of experience helping couples achieve simple divorces that are resolved quickly and limit stress and expenses. This includes collaborative divorce and divorce mediation. To meet with a divorce lawyer to discuss your situation, call our Jenkintown office at 215-886-1266 or contact us online.