Law Office of Joanne Kleiner

Marital Settlement Agreement mediation

Mar 19

Who Benefits From Mediation?

How Everyone Can Benefit From Divorce Mediation

In 2015, the divorce rate in Pennsylvania was 2.6 per 1,000 residents. That was among the lowest in the United States. If you find yourself needing to end your marriage, it may be best to go through mediation as opposed to litigation.

Mediation Helps You Express Yourself

One of the best reasons to go through mediation as opposed to litigation to end a marriage is that it allows you to put your feelings into words. You will have the time and space necessary to say what you want or need to get out of a divorce settlement to make it worth your while. The more that you are able to talk, the more that you are able to process what is happening to your relationship. This can be helpful during both the divorce talks themselves and as you transition into life as a single person. In some cases, a positive divorce settlement process may allow you to remain friends with your former spouse.

Mediation Helps Your Former Spouse

A lack of communication is a common cause for divorce. By allowing your spouse to communicate what he or she needs in the settlement, it can generally be created and agreed to in less time. This is because you now know what you will need to give in order to get the things that you want or need. Furthermore, you will also have a better understanding of why he or she wants a settlement to be structured in a certain way. Ultimately, it provides a clearer framework for negotiating and may reduce the chance of misunderstandings that can lead to arguments.

Mediation Can Help the Children

Your child doesn’t want to be forced to choose sides in a divorce case. However, this is what can happen when they hear nothing but yelling and screaming from two adults who are putting their own needs above those of their sons or daughters. When you choose to work out your problems in a mature manner, you and your former spouse are showing what it means to problem-solve in a healthy way. Furthermore, mediation sessions are generally held without the children present, which means that they are shielded from the acrimony that their parents are going through.

Everyone Feels a Lower Level of Stress

When you choose to go through mediation, everyone is able to stay calm and collected. This is because the mediator will ensure that the settlement talks stay on track and don’t devolve into shouting matches. This person will also make sure that each party to the mediation session is given ample time to express their feelings without being judged or interrupted. Removing the stress and drama from these proceedings can make it easier for parents to interact with each other and their children with civility and grace.

Mediation Can Even Help Friends and Other Family Members

Anyone who has a relationship with a person who is going through a divorce can be impacted by it. For instance, grandparents may feel torn between supporting their child and being able to see their grandchildren. Those who are friends with both you and your former spouse may also feel awkward about spending time around you two during a contentious divorce process. When individuals can get divorced in an amicable and supportive manner, others in that social circle don’t have to kowtow around them. Therefore, by going to mediation, you could obtain a favorable resolution to the divorce without having to risk pitting family members and friends against each other. Your divorce mediation lawyer may be able to further explain the social benefits of choosing to end a marriage in an amicable manner. If you would like to go through mediation as opposed to litigation, the divorce mediation lawyer at Joanne Kleiner & Associates may be able to help. You can call our office in Jenkintown, Pennsylvania, by calling (215) 886-1266. It is also possible to fill out the form on our website to learn more.

Apr 19, 2012

The Divorce Process in Pennsylvania and What to Expect

In order to file for divorce in Pennsylvania, one of the parties must be a resident of the state for at least six months. Either party can obtain a divorce by claiming that the marriage is irretrievably broken, and both spouses must consent to the divorce in sworn affidavits or must have been separated for two years.

Like any legal proceeding, the divorce process has specific steps that must be taken as follows:

  • Filing the divorce petition. The divorce process begins when one spouse files a divorce petition, and this step also includes serving the petition on your spouse.
  • Response. After the divorce petition is served, your spouse may respond to the complaint.
  • Discovery. During the discovery stage, the parties exchange documents and information relative to assets and income. Discovery may also include depositions and/or interrogatories.
  • Temporary orders. If either spouse wants the court to make temporary orders while the divorce is pending, they may file with the court. Temporary orders often include support, child and property issues.
  • Settlement/mediation. The court may order mediation in order to settle as many matters as possible before trial. Divorcing spouses are free to participate in voluntary mediation to resolve issues and thereby avoid litigating the issues in court. If the spouses are able to settle all issues, a Marital Settlement Agreement can be drafted and filed with the court.
  • Litigation. If an agreement cannot be reached or certain issues cannot be settled, the parties proceed to court. After evidence and arguments are presented, the judge has the final say on any contested issues. Once all matters have been adjudicated, a judgment is prepared and entered by the court.

An experienced Pennsylvania divorce attorney can provide advice and discuss the options in your circumstances. Contact us online or call (215) 886-1266 to schedule a consultation today and discuss your divorce needs.