Law Office of Joanne Kleiner

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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.

Jul 23

The Benefits of Collaborative Divorce for Parents

The Skills Parents Learn During a Collaborative Divorce

Research has shown that roughly 45% of first marriages will end in divorce. This means that many parents are forced to raise their children with someone they do not get along with. With a collaborative divorce, however, ex-spouses can learn the skills needed to work together while raising the kids.

You Get to Express Yourself

The term “collaborative divorce” basically means what it sounds like. Both parties of a separation will work together and with their respective attorneys to come up with a suitable divorce arrangement. This is beneficial for many couples because it allows them to avoid the uncertainty of a courtroom divorce.

While you and your former spouse were together, you may have found it difficult to truly express your needs and desires. In a collaborative divorce setting, your partner is no longer able to dismiss your concerns or otherwise shut you down. Furthermore, he or she is no longer able to use money or other tools in an effort to control you.

If a controlling scenario develops, the party who is facilitating the talks will steer the conversation back to a healthier place. In many cases, having the opportunity to speak can help build your confidence. Furthermore, it can help you speak out on behalf of your child both now and in the future.

You Can Build a Rapport With the Other Parent

The collaborative divorce process takes place outside of court with the help of lawyers and possibly a mediator. Ultimately, the goal is to get each person to work together to create a settlement that meets their needs. This makes it easier for parents to build trust and develop a rapport with each other. When you trust the child’s other parent, it may reduce the odds of future conflict. If conflicts do arise, the trust and respect that you have for the child’s other parent could help you come to an out-of-court resolution.

You Learn to Put the Child’s Needs First

When parents trust and respect each other, they learn how to get past their petty squabbles and focus on the kids. This can be beneficial for your child because he or she will tend to do better in an environment that is free from conflict. Generally speaking, your children will know if you are stressed or feeling sad. They will also assume that the other parent is the source of that stress. Learning how to respect and communicate with your former spouse can help reduce everyone’s stress level and make it easier for everyone to adjust to their new realities.

You Learn How to Share Information Appropriately

After a divorce, it will be necessary to share information about how your child is doing with the other parent. He or she should be aware of any behavioral problems or any other issues that the child is experiencing. It is also important to talk about any positive developments such as getting good grades in school or getting a driver’s license.

The collaborative law process is all about the free exchange of information related to household finances or anything else that is relevant in your divorce. Over time, you will learn how to create boundaries and determine which topics you can keep to yourself. While you may feel justified in your decision to have closed yourself off in the past, it can be detrimental to your children moving forward. Therefore, it is important to trust the process and embrace the benefits that it can provide.

You Learn How to Obtain Closure

You may have difficulty letting go of the past or need time to process what is happening to you. In a collaborative setting, you get to share stories about the good times and cry about the loss of a relationship that you likely used to cherish. When the process is over, you might discover that a chapter in your life has been closed for good. Once you realize that, it could be easier to move on.

If you need a collaborative law attorney to help with your case, call the Law Office of Joanne Kleiner today. The phone number to her Jenkintown office is 215-886-1266.

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.

Feb 24

Property and Divorce in Pennsylvania

Moving boxesPennsylvania is what is known as an “equitable distribution” state when it comes to the division of marital debts and assets pursuant to a divorce. Essentially, that means that, if the parties cannot come an agreement on their own with respect to how marital property will be allocated, the court will attempt to divide the property “equitably” or fairly, but not necessarily equally.

When the court attempts to discern what is fair or equitable, the judge can consider a wide range of factors, including:

  • How long the parties were married—generally, the longer the marriage, the more likely that the property will be divided equally
  • The respective ages, health, income, work skills, ability to be gainfully employed and assets of each party
  • Whether or not one spouse contributed to the other’s education, training or increased earning power by maintaining the home or giving up a career to allow the other spouse to advance
  • The total income sources for both spouses, including access to retirement funds, medical insurance, annuities and other revenue
  • The value of any property that belongs only to one spouse
  • The extent to which each spouse increased or decreased the value of marital property
  • The future opportunity of either party to obtain assets or increase income
  • The standard of living to which the parties were accustomed during the marriage
  • Whether or not one party has custody of minor children

The court will not factor in any allegations or evidence of adultery, domestic violence or other marital misconduct. Furthermore, until the divorce is finalized, the court may make any temporary property allocations, including a determination as to who may live in the marital home.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.