Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Divorce

Feb 05, 2024

Divorce and Mental Health Issues

A Calmer Divorce Option: Settling Your Divorce Out of Court

Major life events can have a significant impact on a person’s emotional well-being. If that person is already struggling with mental health issues, the divorce process and the transition period that follows can be even more difficult. One way of decreasing the accompanying tension and stress is by choosing a divorce method that allows you to settle your case out of court.

Why Divorcing Someone With Mental Health Issues Can Be Challenging

Going through a divorce is difficult for all parties, even if they are the ones initiating the process. The end of a marriage means leaving behind shared goals and plans and is often accompanied by a sense of loss.

When one of the spouses is suffering from mental health issues, the emotions triggered by the divorce can make the process even more challenging. The spouse with mental health issues may attempt to prevent the divorce from progressing or take revenge over perceived wrongs.

If you are the one who initiated the divorce, you may feel guilty about pursuing it and the impact it will have on your spouse’s mental stability. You will likely also be concerned about the effect of the divorce on your children and the possibility of losing your relationship with them.

Parents having a serious discussion with their young daughter, who appears upset and covers her ears, sitting on a couch in a neutral-toned room.


Do Not Let Your Children Get Caught in the Middle

In desperation over the divorce and the coming changes to their life, a parent who is already struggling with a mental health disorder might do things that can significantly harm the other parent, such as accusing them of abuse. They might attempt to alienate the children from the other parent as payback.

While you might feel like you have the right to retribution, it might be best to step back and consider the effect that any actions you take will have on the children, and this can help you prevent them from getting caught in the middle of the conflict.

Preparing to Divorce a Spouse With Mental Health Challenges

If you are in this situation and thinking of divorce, the preparation should begin early. Ideally, you will want to gather evidence that shows the existence of those issues, such as documenting any episodes or ensuring that you have credible witnesses for your interactions.

A divorce lawyer might be able to guide you about ways of interacting with your spouse to avoid further conflicts. Additionally, you might look for ways to lessen the impact of the process on the spouse with mental health issues, including:

  • Gathering a support team, including a therapist who might help you work through your issues to cope with the actions of your spouse
  • Approaching your spouse about the divorce when they are having periods of emotional stability
  • Accepting that you will not be able to change your spouse and focusing on what you can do instead to make the process move forward as amicably as possible
  • Maintaining a friendly tone and outlook about the process, including exploring alternative methods to going to court

Why Staying Out of Court Might Help

A long and expensive litigated divorce might not be best when one of the spouses deals with mental health challenges. The court appearances might just escalate that spouse’s feeling of desperation. However, you might explore alternative conflict resolution methods with your divorce lawyer that might help keep you out of court while resolving your issues more positively. You might consider a collaborative divorce or mediation to resolve your issues.

If you are ready to begin the divorce process and are dealing with a spouse with mental health issues, you need the guidance and support of a lawyer who understands your situation and who might help you choose the right method. At the Law Office of Joanne Kleiner we can assist you with your needs. Call us today at 215-886-1266 to schedule a consultation at our Jenkintown, Pennsylvania office.

Jan 09, 2024

Resolving Your Divorce Through Arbitration

Using Arbitration To Resolve Your Divorce Issues

Many divorces in Pennsylvania involve complex issues that need to be resolved. However, going to court to do so can become public, time-consuming and expensive, with costs ranging from $15,000 to over $100,000. However, choosing arbitration can help you with time, expenses and privacy.

What Is Arbitration?

Arbitration is an alternative method in which the spouses, each represented by their divorce lawyer, present their case to an arbitrator who decides on the divorce issues. Whether that decision is binding or not will depend on the agreement signed by the spouses before the process begins.

Understanding the Arbitration Process

The arbitration process follows specific steps. First, with your divorce lawyer’s guidance, you and your spouse hire an arbitrator to oversee your case. You both then sign an arbitration agreement that states whether you want the arbitrator’s judgment to be binding; that is, that you are not allowed to appeal it or that either one of you can appeal the judgment if you do not agree. This agreement will also include any established rules for the process and the date by which you need the arbitrator to issue its decision. The process then works like a trial, with each side presenting their case, including opening and closing statements. However, since the process does not happen in a courtroom, you do not have to wait for an open date. Instead, an arbitration process might be over in a few weeks. Once both parties present their case, the arbitrator will issue a decision or award. Depending on the arbitration agreement, the parties will either abide by the decision or appeal it.

Finding Your Arbitrator

Your lawyer can help you find your arbitrator for this process. Usually, however, divorce arbitrators are retired judges or lawyers with experience and knowledge about family law, state regulations regarding arbitration and divorce and whom you believe will be impartial and neutral. You should feel comfortable with your arbitrator, finding someone who can communicate openly and easily. Finally, the arbitrator should also be available to work during your timeframe.

Preparing for Arbitration

You and your divorce team should prepare for the arbitration process similarly to the way you would prepare for a court case. You should gather evidence to support your position and then this evidence will be presented to the arbitrator. You should also create a list of witnesses who can further support your position and will be called to answer questions during the arbitration sessions. As part of this process, you might resolve issues such as:

  • Division of assets and debts
  • Child custody and support
  • Alimony

Benefits of Arbitration

Arbitration has grown in popularity as spouses seek ways to resolve their divorce issues outside of the courtroom. Some of the benefits that arbitration provides include:

  • Efficiency and shorter wait time as you do not need to depend on the court schedule to present and resolve your case
  • Cost-effectiveness, as the shorter wait time for resolution also can translate into lower divorce costs
  • Privacy and discretion, as the information on your divorce is not shared in the public forum of the court
  • Amicable resolution to the dissolution of the marriage

Drawbacks of Arbitration

While arbitration can benefit couples, it also has some drawbacks. If you signed a binding agreement, for example, you might not be able to appeal the arbitrator’s decision. On the other hand, you might end up in court anyway if your agreement allows for appeals and either you or your spouse do not agree with the decision, adding to the time and cost of the divorce.

If you want to resolve your divorce issues outside the courtroom and want to learn more about the arbitration process, you can call us at 215-886-1266 to schedule a consultation with Joanne Kleiner at our Jenkintown office. You can also reach out to us through our contact form.

Jan 05, 2024

Mediating a Pennsylvania Alimony Dispute

How Mediation Can Help With Alimony

In 2021, nearly 700,000 divorces occurred throughout the United States. With any divorce, couples have to make a lot of important decisions. Mediation is one way to help alleviate some of the complications of these processes, especially when it comes to alimony.

What Factors Help to Determine Alimony?

Alimony is also known as spousal support. Some common factors that are considered for determining alimony include:

  • The income and earning capacity of each spouse
  • The length of the marriage
  • The standard of living enjoyed by both spouses during the marriage
  • The financial contributions and sacrifices made by each spouse
  • The age and health of each spouse
  • Each spouse’s educational and employment background
  • The distribution of marital assets and liabilities
  • Custody arrangements

While these cases can go through the traditional court system, some couples have opted for mediation instead.

Using Mediation as an Advantage

When determining alimony, the traditional approach has been to go through the courts. However, this process can create and encourage adversarial interactions, even in a previously amicable relationship. In turn, that can increase the stress and tension involved in the divorce.

A more personalized and compassionate approach to divorce is mediation. Couples work with a neutral third party to navigate complex issues, including alimony. The mediator helps the couple reach a mutually beneficial agreement that considers both parties’ needs and concerns.

Along with that, mediation can be a more effective and less costly way to handle a divorce. This process allows couples more control over the outcome and can lead to a mutually beneficial resolution.

How Does Mediation Work?

Mediation is a structured and voluntary process that involves a neutral and trained third party. It encourages communication and negotiation between spouses in conflict. However, both spouses must agree voluntarily to participate in the mediation process.

The spouses can choose a mediator together, or a court may appoint one. The mediator should be neutral, impartial, and possess the skills to settle the dispute.

Once the spouses have settled on a mediator, that person will conduct an introductory session. During this time, they will explain the mediation process and its goals and establish ground rules.

As the mediation progresses, direct negotiation occurs between the spouses, with help from the mediator. The mediator can assist with reaching an alimony arrangement that works for everyone.

Once the terms are settled, the mediator helps draft a written agreement outlining specifics of the agreement, such as:

  • Duration
  • Amount
  • Additional relevant provisions

Before finalization, both parties thoroughly review the written alimony agreement to check for accuracy. Any revisions can be made at this time. After the document is signed and approved by the judge, it is a legally binding agreement.

The mediator may also offer guidance on enforcing the alimony agreement and procedures for addressing potential future modifications.

Finding the Right Meditator

You can begin the process by researching mediators specializing in family law and alimony settlements. Some couples choose to hire a divorce lawyer who focuses on collaborative law.

Once you have found someone, verify their certifications, training, and memberships in professional organizations. Like any professional hire, schedule an initial consultation or interview with potential mediators to discuss your case. During this time, you can see if they are familiar with alimony-related issues.

You may also ask about the mediator’s processes, especially how they handle alimony discussions. They should focus on a collaborative and constructive approach to finding a resolution.

Ask the mediator for references from previous clients who have dealt specifically with alimony settlements. You can contact these references to gain insights into their experience and satisfaction with the mediator’s services.

Along with that, you want to assess the mediator’s communication skills since that is important in promoting productive discussions. A skilled mediator can navigate emotional conversations and maintain a balanced dialogue.

Find a Mediator for Your Divorce

Settling alimony is one of many challenges in a divorce. If you want to find a Pennsylvania divorce lawyer who understands the mediation process, contact the Law Office of Joanne Kleiner. Call 215-886-1266 for a consultation about your case.

Dec 09, 2023

How a Divorce Affects Your Home and Mortgage

When it comes to a divorce, you have to make plenty of decisions. If you own a mortgaged home together, you will need to decide your next steps. From selling your share to buying out the other person, you have a few options for your home.

Dealing With Joint Ownership

When a couple purchases a home together, both spouses are considered co-owners on the mortgage unless other arrangements have been made. That means they share the responsibility for the house payments. Even if one spouse decides to move out during the divorce proceedings, they are still legally responsible for the mortgage until the property is sold or refinanced in one person’s name.

If you decide on continued joint ownership after your marriage ends, the lender is not obligated by the divorce agreement. That means if the spouse is responsible for the mortgage and defaults on payments, both parties may have to face the consequences, including negative impacts on their credit scores. Some lenders may work with divorcing couples to find solutions that prevent foreclosure.

Dealing with this shared responsibility can be challenging, especially if one spouse wants to keep the property. In those cases, you need to determine who will manage the mortgage going forward. If you can work out this part of the process, you can avoid any contentious disagreements in the future.

The Challenges of Refinancing a Home

If your spouse keeps the home, you may need to refinance the mortgage in their name. As a result, that individual will retain ownership. Refinancing can untangle the financial ties of the marriage. With that, it creates a new mortgage agreement. Plus, the departing spouse is free from financial responsibility.

However, this process is not always easy. The spouse taking over the mortgage must qualify for the loan based on their own creditworthiness and income. This can often be challenging when the person lacks sufficient income or a strong credit history to meet the lender’s requirements.

Consider a Sale of the Property

For many couples, selling the marital home is the most common solution to the mortgage dilemma. All of the sale proceeds are used to pay off the existing mortgage. This solution gives both spouses a complete break.

However, selling the marital home may be emotionally challenging and perhaps not financially feasible at the time. Keep in mind that this option also eliminates the need for ongoing communication and financial entanglements with your ex-partner. If you had a contentious marriage, selling the home could be the most viable option.

Rent Out the Property

Renting out the marital home is a practical solution during this time. Rather than hastily selling or buying out the property, both parties may want to lease it to tenants. The rental income can be used to cover mortgage expenses. This arrangement is beneficial when the real estate market is unfavorable for a profitable sale.

Once the market improves, you can put the house up for sale. However, you and your ex-spouse need clear communication and an agreement regarding responsibilities, rental income distribution and the duration of this arrangement to avoid potential conflicts.

How Can an Attorney Assist?

Managing a mortgage during a divorce can be highly complex. For that reason, you may want to get advice from a divorce lawyer. A legal professional can provide guidance in drafting agreements that clearly outline each party’s responsibilities and rights.

When it comes to divorces, you can take control of the situation and settle the mortgage issue without involving the court. No-fault or uncontested divorces are excellent options that promote a mutual agreement between the spouses.

Mediation, arbitration and collaborative divorce are other alternative methods that help address the complexities of the mortgage issue through structured yet cooperative environments. With that, you can settle the mortgage issue in a way that is both fair and agreeable to both parties.

Reach Out To a Pennsylvania Divorce Lawyer Today

If you are looking to resolve your mortgage issue during a divorce, book an appointment with the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania. With over 35 years of experience, we have helped numerous clients reach amicable divorce agreements. You can schedule a consultation by submitting our online contact form or by calling us at 215-886-1266.

Nov 10, 2023

Getting an Uncooperative Spouse To Agree To Mediation

Mediation can provide many benefits for divorcing couples. However, if your spouse is not cooperating with the process, you might feel like it will not succeed. However there are things you can do to encourage your spouse to participate.

Organizing and Agreeing on Priorities

The mediation process encourages divorcing spouses to work together to resolve their issues. Each spouse might work with their divorce lawyer to prepare for the sessions. However, for mediation to work, each spouse must be willing to engage in amicable communication. If your spouse is reluctant to do their part, you might need to organize the priorities for your divorce so you can present these to them in the hopes that they will agree with them. You might look at what you both want out of and after the divorce and begin there. This might include plans for your family, your post-divorce relationship and your finances.

Keeping the Focus on the Family

If you have children, you will probably both be very concerned about how the divorce will affect them. The process you choose can have an important role in this. A court battle, which is often the result of a high-conflict relationship between the parents, can become lengthy and drawn out, with bitter recriminations between the parties. However, you might help your spouse to get on board with the mediation process by reminding them that this might protect the children from some of the negative effects of divorce. Some things you might want to say include:

  • Remembering that you both want to protect the children’s best interests
  • Creating a parenting plan that works for everyone in the family
  • Setting up a system of communication that minimizes conflict between the parents

Focusing on the Financial Impact of Divorce

Another way to gain your spouse’s cooperation with the mediation process is by discussing the financial impact of the divorce on both of you. If you cannot resolve your issues during the mediation process and you end up going to court, you are risking a longer, more expensive path. There are many costs associated with divorce, such as your lawyer, court costs and any other fees necessary as you work with different professionals to build your case. Additionally, you will also lose some of the control you have over the situation. If you both cooperate with your mediator to resolve your issues, you have a voice in the results. The process itself can be faster, potentially costing you less on lawyer fees, fewer trips to the court and saving you money on court fees.

Keeping it Amicable

If you want your spouse to participate willingly in mediation, you might want to work on your relationship, particularly if in the past you both found yourself fighting often. While it might take effort, you should approach your spouse amicably, letting them know that you are ready to hear their case and understand what they want from the divorce, showing them that your goal is not to win but to seek solutions that work for both of you.

Finding the Right Mediator

Finally, not every mediator is right for every case. Once you have managed to work out your communication issues and agree to your priorities for the divorce, you can begin interviewing mediators, seeking to find the one who is also aligned with your priorities. Your ideal mediator should have experience working with couples in your situation, where one might be reluctant about the process. They should be willing to help guide the couple to communicate so they can find fair, balanced solutions to their issues.

Even during the mediation process, you can benefit from the support of a divorce lawyer who can help you organize your case, prepare for negotiation sessions with your spouse and the mediator and explain how the laws regarding divorce work. You can call The Law Office of Joanne Kleiner in Jenkinton at 215-886-1266 for a consultation and begin preparing for the mediation process.