Joanne Kleiner & Associates

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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.

Sep 08

Dividing Complex Investment Holdings in Divorce

Dividing Complex Investment Portfolios in a Divorce

Wedding ring and divorce papersOne of the most challenging aspects of a divorce proceeding is often the division of marital assets, particularly if you have complex or diverse investment portfolios. Here’s what you should expect if you or your spouse hold a wide array of stocks, bonds, or other types of investments at the time of a divorce.

Step One: Determine When the Investments Were Made

Your lawyer will identify when the investments were initiated. Any investments made before the marriage will be considered separate property, though any growth in the value of the investment during marriage may be considered marital property, as will any contributions to those investments. For example, if you contributed to a mutual fund before and during your marriage, some of the value will be considered separate property, and not subject to equitable distribution. However, some of the value will also be considered marital property.

Step Two: Get a Fair Market Appraisal of the Value of the Investments

It’s best to hire an expert to prepare a valuation of the investment portfolio. An expert will be able to factor in anticipated increases or decreases in the fair market value of the portfolio.

Step Three: Determine Whether There Are Other Items of Property That Can Offset the Value of the Investment Portfolio

Dividing an investment portfolio can be extremely messy. As a result, courts prefer that parties come to agreements where the person retaining the investment portfolio agrees to relinquish any right in other property (a house or boat, etc.) in exchange for the right to leave the portfolio intact. There are, however, a variety of factors that can make this a complicated endeavor. The investments may have a more substantial potential for growth (and loss as well), or the other property may come with additional financial obligations (a home requires maintenance, etc.).

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.

Jul 14

More Men Receiving Alimony

Increase in Spousal Support for Stay-At-Home Dads

Divorced manThough national statistics still show women lagging substantially behind men in average earnings, more and more women are out-earning their husbands, and in many instances, families are opting to have the father stay at home with children because of the greater earning potential of the mother. As that trend has increased, so has another–that of stay-at-home dads successfully seeking spousal support in a divorce proceeding.

Most family law experts say that, as gender roles in society have become less delineated, the demand has been that the courts take a more gender neutral approach to divorce, custody and support. They acknowledge, though, that the legal system has been and remains, to a significant degree, biased against men in family law matters. Even though the “tender years doctrine,” the premise that mothers are biologically more skilled at nurturing small children, has been rejected nationwide, many judges (who are mostly men) still balk at the idea of a woman paying a man any level of support, even if the woman earns ten times as much as the man.

Experts also say that cultural stereotypes come into play. Many men who might have a legitimate claim for alimony, who have given up a lesser paying career to stay home with children, often don’t seek spousal support in a divorce because of the cultural perception that it would not be very “manly” to accept payment from a woman.

Not surprisingly, as more and more women out-earn their husbands, legal experts have seen a dramatic increase in the number of women asking for a prenuptial agreement. In a recent study, more than half of all family law attorneys polled said they had seen such an increase.

Contact Our Office

At the law office of Joanne E. Kleiner & Associates, we have protected the rights of men and women in and around Philadelphia for more than 25 years. Let us help you successfully resolve your family law problems. To schedule an appointment with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.