Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Divorce

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.

Nov 06, 2023

Benefits and Challenges of Divorce

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.

The Advantages of Divorce

While a divorce is a life-changing event, it can provide a few benefits:

More Freedom

One of the biggest benefits of a divorce is that you will have more independence and freedom. If you had put your desires and goals on hold, now is the time to start making choices that benefit you. For those who have been suffering in a stifling marriage or experienced a power struggle, divorce can feel like a liberating experience.

Escape From an Unhealthy Relationship

Sometimes, marriages can be toxic or abusive. Often, one spouse cannot see any other way out than to file for a divorce. In these instances, a divorce can improve physical and mental health. Living with someone who is both emotionally and physically abusive can take a toll on your health and wellness. Divorce is one way to break free from the cycle of abuse.

Personal Growth Opportunities

After a divorce, it may be time for personal growth. In turn, that can lead to more self-esteem and a better understanding of yourself. During a marriage, some partners will conform to their spouse’s desires or put their journey of self-discovery on hold. With a divorce, you will have the chance to rediscover your one true self.

Improved Finances

Most of the time, divorces can lead to financial struggles, but that is not always the case. Sometimes, it can improve a person’s financial stability. A divorce may be one way to work toward financial independence. However, before taking the first step in this process, you might want to consult a divorce lawyer to learn more about your financial situation.

Provide a Better Environment for Children

When children hear their parents argue or become physically violent, it is not a safe environment for them. Witnessing these instances can be stressful and traumatic. With a divorce, the children can have a more peaceful and stable place to live. Children can feel more secure in a space when they are not in the middle of constant conflict.

The Disadvantages of Divorce

Unfortunately, there are plenty of cons of divorcing. Often, individuals are not prepared for how this process can affect them. Some of the disadvantages include:

Emotional Stress

Many times, divorce will lead to emotional stress. In some cases, that can mean depression, anxiety or other mental health problems. Unfortunately, some individuals will struggle with these challenges, especially if the case is difficult to settle. Without seeking help, these stressors can impact a person’s overall well-being.

Financial Challenges

For some, their financial situation may improve. However, that is not always the case. Some individuals may have serious economic issues, especially after the asset division or legal fees. A divorce means that there are now two separate households. That financial burden can often affect both spouses and their children.

Impact on Children

If there were any incidents of abuse, a divorce can be beneficial for children. However, that does not mean they will not face emotional challenges. Many times, the relationship between the parents and their children can be strained. They may feel loyal to one parent over the other. Sometimes, the child may feel like they have to assume a new role in the household.

Social Stigma

While divorce is acceptable, there are still some communities where a divorce can lead to social judgment. The failure of a marriage should not be seen as a personal failure. Instead, it may have been the case of two people who were incompatible with each other.

Contact a Divorce Lawyer

At the Law Office of Joanne Kleiner, we are dedicated to guiding our Philadelphia-area clients through the divorce process with empathy and professionalism. We understand that these events can have their pros and cons. For that reason, we have a supportive team ready to assist with this process. You can contact the Law Office of Joanne Kleiner at 215-886-1266 for a consultation about your divorce case.

Oct 09

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.

Oct 05

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.

Sep 09, 2023

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.