Law Office of Joanne Kleiner

separation

Nov 05

How a Legal Separation Might Save a Marriage From Ending in Divorce

Why You Should Try Legal Separation Before Divorce

No matter how or why it happens, divorce is always a painful process for everybody involved. Legal separation is often seen as one step closer down the road towards an inevitable divorce. However, there are many cases in which this not necessarily the outcome.

Legal Separations Help You Decide If Divorce Is What You Really Want

A temporary separation may be the perfect remedy for certain marriage problems. The time apart allows both parties to rekindle their feelings for one another and reconnect with why they fell in love in the first place.

Sometimes, being legally separated is a viable alternative to a full-blown divorce that gives couples a chance to test the waters. Divorces are complex, emotionally taxing, and usually quite costly. They almost always require the services of a divorce lawyer to ensure that all assets are split up fairly.

Opting for a legal separation before taking this big step may result in a change of heart that prevents a bitter and emotional legal battle, so it’s something worth trying for any couple that wants to give their relationship every opportunity to work out.

A Journey of Self-Discovery

It’s also a valuable time for self-discovery since married couples have often been together for so long that they’ve lost the sense of who they truly are inside. If a legal separation results in this kind of positive journey, it may lead the couple back together.

On the other hand, it’s not always the case that a personal journey ends with a person back in the arms of their spouse. Sometimes, the journey of personal fulfillment leads one or both parties to the discovery that they’re perfectly happy with the split.

In those cases, it’s easier to move ahead with the divorce proceedings without having to live in wonder of whether the marriage could’ve worked if you’d given it another chance. Legal separation is that chance to ask yourself if you’re sure that ending this relationship is what you really want.

Time to Heal

The old adage “Time heals all wounds” is obviously not always true. But it is the case in many legal separations that, with enough time, both parties can bounce back from whatever issues that caused the conflict in the first place.

It may take a significant amount of time for a full recovery from emotional pains caused by significant events in a relationship. No matter how long the legal separation lasts, it’s still a much easier process than going through a divorce and then later getting back together. For some couples, it’s a surprise to both parties when the relationship suddenly springs back to life after an extended time apart.

Distance Makes the Heart Grow Fonder

Legal separation doesn’t always mean being physically separated as well, but in some cases, having both may help. A bit of distance can do a lot to put things in perspective for a couple that has been together for a long time.

With physical separation in addition to the legal element, both parties are given enough space to feel like their own person again. And one of the most important things about having space between you and your partner is that you’re given the opportunity to miss them.

This sense of longing is often what helps couples remember how much they care for each other. Of course, it can also help a person realize that they truly are happier with the relationship ended, which is just as valuable a realization to have.

If you’re considering a legal separation, whether it’s an effort to save your marriage or one step closer to divorce, the Law Office of Joanne Kleiner is here for you. Through her broad range of legal experience, Joanne E. Kleiner provides reliable and knowledgeable service to her Pennsylvania clients.

Call 215-886-1266 today for help with the difficult decision of legal separation. If it is not right for you, you will still have an experienced divorce lawyer to walk you through every step of the way. We’ll explain the law in a comprehensible way and give you all the information and guidance you need to make the right decision for you and your family’s future.

Jan 18

Why Some Couples Legally Separate

Divorce vs. Separation

Approximately 87 percent of married couples that separate eventually divorce. When a married couple separates, they decide to live apart without necessarily dissolving the marriage at that point. Couples may have an informal or trial separation to live separately while deciding if divorce may be an appropriate option, while others part ways with the full intent to make their departure legal by divorcing.

How Do Married Couples Separate Legally?

Legal separation is an official order issued by a court that describes the duties of both parties while they are separated but still legally married. To begin the process of legal separation, one party must file legal separation papers at a local courthouse. Couples who wish to file for divorce are generally not required to file a legal separation first. Once a couple has decided they will never reconcile, their separation is termed a permanent separation. Parties who wish to separate should each contact a trustworthy Pennsylvania divorce attorney to discuss the legal separation process more thoroughly and to properly file the required paperwork in court.

Similarities Between Legal Separation and Divorce

In most cases, a separation will have little legal impact. However, legal separation can bear some similarity to divorce. Similar to in a divorce case, when making determinations in a legal separation case, the court decides matters concerning property division, child custody and visitation, and maintenance. In legal separation cases, the court determines the amount spouses will receive in maintenance payments that are similar to alimony. The court also decides how much parents will pay in child support during the separation. Prior to separating, each party should obtain his or her own legal counsel. Legal separation proceedings generally involve the same critical matters couples are required to address during a divorce. Therefore, both parties should enlist the help of an attorney to ensure their needs and desires are represented throughout the legal separation proceedings.

Differences Between Legal Separation and Divorce

One major distinction between legal separation and divorce is that divorce legally dissolves a marriage. Dissolving the marriage may be an advantage to couples who simply wish to legally go their own separate ways entirely. However, some parties may find legal separation advantageous because the process allows one or both parties to retain certain legal rights and economic benefits. Legal separation allows one party to continue to be covered by his or her spouse’s health insurance and social security benefits. Neither party may legally remarry during a legal separation as they remain married as a matter of law. Spouses who are legally separated remain each other’s next of kin. Therefore, they may continue to make medical and financial decisions for each other. Spouses may be responsible for each other’s debts and liabilities during a legal separation, whereas these matters would otherwise be settled during divorce proceedings. Marital property rights also remain intact if a couple is legally separated. Therefore, each party retains rights to one another’s property in the event of the death of one of the spouses.

Permanent Separation Representation in Jenkintown

If a couple separates and decides not to reconcile, their separation becomes permanent. In most states, property and debts acquired after a permanent separation are typically viewed as unshared by the separated couple. An exception may exist for debts and properties either party acquires for the purpose of being used by the two parties’ shared family necessities. Examples of family debts may include house payments, household maintenance expenses, and childcare expenses. Unlike a permanent separation, property and debts acquired during a trial separation are generally viewed as jointly owned. A trial separation is distinguished from a permanent separation by the absence of a formal decision for the couple to remain apart. The lines between a permanent separation and trial separation period may become blurred in some cases. Therefore, couples are urged to consult a Pennsylvania divorce lawyer when considering a legal separation in PA.

Contact a Pennsylvania Divorce Lawyer

If you are considering filing for a legal separation in PA, our staff is available to serve you during your critical time of transition. Our attorney understands the delicate nature of divorce and separation. Therefore, we handle each case to the best of our ability with our clients’ needs in mind. Call the Law Office of Joanne Kleiner in Jenkintown at (215) 886-1266 to receive a case evaluation free of charge.

Sep 15, 2010

Children Are Often the Victims in a Divorce

Children, especially young children, often believe a divorce is their fault. Parents involved in a divorce can find themselves focusing only on themselves, and forget that their children may be confused, hurt and scared.

Take the time to talk to your children, reassure them that everything is fine and that regardless of any differences between you and your spouse, both of you still love them. Some additional steps you can take to ease the prospect of a divorce on children:

  1. Take the time to explain to your children that any problems you and your spouse may be having are not their fault. Sometimes, a good approach is to explain to your children that people may sometimes have differences of opinion, and in some cases those differences just cannot be worked out.
  2. Do not argue or fight in front of the children. Remember, children are not deaf, they can hear, even behind closed doors, if the volume of the conversation is high enough.
  3. Do not bad-mouth your spouse in front of your children. Remember, he or she is still their parent too, and your children love both of you.
  4. Do not make your children take sides; they may resent you for that. They will also feel that they are being disloyal to you by continuing to love their other parent, and it is confusing to them.
  5. Never use your children as messengers or “go-betweens”.
  6. Constantly reinforce that everything will be all right, especially if the children are young.
  7. Make sure you don’t ignore your children. They need to know that their routines are not being affected (to the extent that is possible). In addition, any extra attention both of you can give to your children will help alleviate any fears they may have.

For divorces involving children, we suggest considering utilizing the collaborative law process for your divorce.

Collaborative law may provide you with an acceptable alternative to stressful litigation. The collaborative law process is premised on the parties working together to resolve conflict. The collaborative process encourages the parties to work together, with their attorneys, toward a mutual agreement that everyone can live with.

The collaborative law process is typically less stressful on children, gives you more control over the terms of the divorce, and is less emotionally taxing on you.

At Joanne E. Kleiner & Associates, Ms. Kleiner is a family law attorney and divorce lawyer who brings more than 25 years experience in family law and divorce to the table, including collaborative law experience. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.