Joanne Kleiner & Associates

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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.

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.