Uncontested divorce Pennsylvania

Aug 20, 2023

Better Divorces Using the Amicable Divorce Process

NOTE: This is a partial transcript of an interview by family law attorneys Joanne Kleiner and Kathy Bloom of Tracy Ann Moore-Grant from the Amicable Divorce Network.

Tracy Ann: Joanne Kleiner and Kathy Bloom are the amicable divorce ambassadors for the Amicable Divorce Network in the Philadelphia area and what that means is that they have stepped up into a leadership role to help us build the network in the Philadelphia area to really help people divorce better.

Joanne Kleiner and Kathy Bloom interviewed Tracy Ann Moore-Grant, Founder of the Amicable Divorce Network. They had several questions starting with Joanne Kleiner’s first question:

Joanne Kleiner: How did you first conceive the idea for Amicable Divorce Network?

Tracy Ann: So I actually have been a family law attorney in Georgia since 2002 and so for a really long time I’m also a mediator an arbitrator a guardian ad litem and a parent coordinator and like many family law professionals, I got really burned out and found the job to just be just really dragging me down and around 2018, I actually took a step back from my law firm and started teaching constitutional law at a local college and was really just trying to figure out how I could continue to be a family law attorney with you know all the all the negativity of the job and I really thought a lot about what was bothering me about family law, and it wasn’t the clients. I expected clients to be upset and to be in crisis and to be helpful to them during this time it was really the opposing councils and the other professionals in the cases that I found to be really causing a lot of conflict for financial gain and so I thought a lot about how I could solve that and so I thought the best way was to have a private organization where we vetted people for the things that are really important to the public and to preserve the Integrity of the family law process and that was to have experienced professionals who are also vetted for being resolution focused and engaging in fair billing practices where they’re not churning on clients for financial gain.”

Kathy Bloom: So when you could you just go over a little bit how it works you know we get so let’s say Joanne and I both have clients who want to do an amicable divorce why don’t you tell us how it works?

Tracy Ann: Okay. So, a client comes to you, and they really like amicable divorce and that’s how they want to get divorced. The two attorneys in the case design the process for the parties as well as the timeline so we’ve had clients all across the board they say oh we’re selling this house and we need to get divorced as soon as possible or they really need to take it very slowly for whatever reason so the two attorneys can talk about their different clients’ needs and can say we’re going to attend a mediation in 60 days or maybe we need more time maybe we need you know a few months to get our ducks in a row and so they would also see who’s needed for the team and it can be very creative. Perhaps you have a special needs child who needs a vocational assessment or special needs trust set up. Perhaps the parties have a small business, and you need a business valuator or perhaps you need a psychological professional to help the children or one of the parties. So, whatever the problem is, or the needs of the family are, hopefully we have a member of the network who can jump in and help this family through this time and be a part of the team so when parties um agree to divorce amicably they agree to maintain the status flow so you know abide by certain rules and then they um are on our technology platform where they can upload their assets and debts do marital balance sheets and things of that nature to get organized.

Kathy Bloom: So, it sounds like it’s a pretty flexible process according to the needs of the individual family yeah it is because every family is different you know the court system treats every family the same you know you have to respond by this date you have to do these things and that just doesn’t work for every family. With amicable divorce, you can design it for what that family needs and what they can afford.

So weren’t you concerned about your bottom line if you stopped doing any litigation going to court?

Tracy Anne: Of course. I think you know all attorneys think how will I pay the bills when you’re in a small business you know you think about that all the time but what I have found is by really promoting myself as doing low conflict, non-litigation divorce, this is my entire practice now I have not stepped inside a courtroom as an attorney since 2018. When COVID came around, it really didn’t impact me at all. My practice was completely shifted and I do mostly flat fee work which a lot of family law attorneys find mind-blowing but when you can really know what that process is and there’s no wild cards. You know you really can really change your practice and your approach because you’re working with really great professionals who all have the same mindset that you do.

Kathy Bloom: One of the questions that we’ve been asked is, say someone comes to us and we want to do an amicable divorce they want to do an amicable divorce how, do we get them to the other person do you do that?

Tracy Anne: I reach out to the other party directly I send them a very nice letter that is not like the normal letter you would get from a divorce attorney. This letter is like I’ve been hired for an amicable divorce your spouse desires a really child focused efficient low conflict process we think you value the same thing we send them an informational booklet about amicable divorce and also a list of professionals in the area they can also find professionals on our website at amicable divorcenetwork.com.

I try to make it as easy for them as possible and just say here’s the list. Sending that letter actually has a very high success rate across the network we’ve seen that to have about an 80 percent success rate that the other person agrees to an amicable divorce. Even if they get really upset initially that they’re getting a divorce, or they’re surprised by that generally, they come around and decide if I am going to get divorced this sounds like a great process to go through and they agree to it.

Kathy Bloom: So what do clients tell you about their experience with amicable divorce are they satisfied with it to all your cases settle how does that work?”

Tracy Ann: I think something that’s really interesting for you know people to point out is most people get divorced once, so I think some and a divorce is always terrible so it’s really hard for people to gauge this was a good divorce because they’ve never had a different divorce to compare it to so I think for a lot of people they don’t understand sort of how good they had it so that’s usually the professionals that are trying to explain to them you know if we’d gone through the court process, you would have spent sixty thousand dollars and all these different we’d still be in litigation and you know things like that.

It’s hard I think for people going through a divorce to really understand, but I’ve we’ve just gotten so many “thank yous”. You know people really appreciate that we have their best interests at heart their children’s best interest at heart you know that their process you know if they hear about something from their friends, people are sometimes really proud to say they had an amicable divorce and you know that that’s how they handle things, We do have a lot of fans which is weird to say, you know, but I think people will appreciate it, but I think it’s more the professionals who understand how different their experience is now.

[Please Listen to the Entire Video]

Jul 09, 2023

Divorcing outside of court

How to Divorce Without Going to Court

The average divorce takes 11 months to finalize. If you prefer a more straightforward process with less time in court, you have several options.

Can You Divorce Outside of Court?

Since the media tends to depict divorce as a big argument in court, many people assume that they have to go through a trial. However, the reality is that this type of divorce is often unnecessary. You are actually legally allowed to divorce without court. You and your spouse just draft your own divorce agreement and then file it with a judge. As long as your divorce agreement follows state laws, the judge will then sign off on it, and your divorce is finalized.

In its simplest form, a divorce is just paperwork. You’ll need to fill out documents about things like dividing assets and providing child support. A DIY divorce is technically possible, but most people prefer to work with a divorce lawyer even if they’re divorcing outside of court. All the legal details can be complicated, so a lawyer will help you be sure that all of the paperwork is properly filled out and submitted to the correct departments.

Explore Your Options for Divorcing Outside of Court

As long as you have a supportive lawyer, divorcing outside of court is theoretically easy. However, ending any relationship can bring up some surprising emotions, so it’s not always easy to work with your estranged partner. There are a few different methods that you can use to help you get the benefits of divorcing outside of court without causing undue stress.

A collaborative divorce is an option that works well when you and your spouse are on good terms. You informally discuss the divorce, talk about what works for each of you, and then meet with an attorney to process the paperwork. In a collaborative divorce, you work together to dissolve the marriage in a respectful and convenient way.

Mediation is a court-free divorce technique that helps those who struggle to talk to their spouse. In mediation, you and your partner both sit down with a neutral third party. The mediator is usually a lawyer or a person with expertise in both legal and psychological matters. This person guides you through the divorce process while helping to resolve disagreements and make suggestions on how to compromise. They act as a sort of referee and help to keep emotions from sidetracking the divorce process.

Arbitration is a good solution for cases where both parties cannot agree. An arbitrator is a family law expert who functions almost like a private judge. Both parties sign an agreement before beginning the process where they promise to follow the arbitration rules and accept the arbitrator’s decision.

The arbitrator will hear both sides of the argument and then make a recommendation for how the couple’s divorce agreement should proceed. Arbitrators have a little more authority than mediators, so they’re useful when you and your spouse have strongly opposing viewpoints.

Benefits to Divorcing Outside of Court

There are many advantages to divorcing outside of court. Many people find that divorcing outside of court allows them to:

Get the divorce finalized faster
Save money on court fees
Reduce overall stress levels
Avoid the risk of a judge making decisions that they disagree with
Stay on good terms with their former spouse
Keep the details of the divorce private
Build a stronger co-parenting relationship with less resentment

At the Law Office of Joanne Kleiner, our team has plenty of experience helping people to divorce outside of court. Our clients can count on us to make the process as simple, fast, and stress-free as possible. To set up a free consultation with a Jenkintown divorce lawyer, call 215-886-1266 or email us today.

Jul 05, 2023

What is an amicable divorce?

Amicable Divorce: What You Need to Know

Divorce is never an easy process for anyone involved, but it doesn’t always require a bitter court battle. An amicable divorce is a viable option for couples who are willing to work together and create an agreement that reflects the best interests of both parties. This type of out-of-court divorce is often less stressful and time-consuming than traditional divorce proceedings.

Getting a Divorce Outside of Court

An amicable divorce is based on the agreement of both parties. This means that they must be willing to work together, compromise, and come up with a mutually beneficial plan for terms such as child support, child custody, spousal support, and the division of their assets and liabilities.

An amicable divorce is more likely to be successful if the couple agrees on all of the terms. If they disagree on even one issue, they’re more likely to need to take their dispute to court and allow a judge to make the final decision. An amicable divorce may still be an option if the couple is open to compromise about the contested issues, but they may need to seek out professional help from a mediator or lawyer.

The Amicable Divorce Process

The amicable divorce process often involves both parties working with a professional mediator who is trained to facilitate negotiations. The mediator is a neutral third party who helps the parties come to a resolution that is satisfactory for both and keeps them focused on their ultimate goal of reaching an agreement.

The divorce terms that are settled upon during divorce mediation will then be incorporated into a settlement agreement. Couples pursuing an amicable divorce may also choose to be represented by their own divorce lawyers during the negotiation process.

After the settlement agreement is drafted and signed by both parties, it will be submitted to the court. The judge will review the agreement and approve it if they determine that it meets the legal requirements for divorce in their jurisdiction. Once the agreement is approved, the judge will incorporate its terms into a final divorce decree, which officially ends the marriage.

The Benefits of Amicable Divorce

When available, an amicable divorce is often more financially, emotionally, and logistically sensible than a divorce that involves going to court. It allows couples to settle their disputes privately, which is a concern for many people as once divorce proceedings enter the courtroom they become a matter of public record. Furthermore, because couples don’t need to wait for a trial date, they aren’t subject to lengthy court backlogs and can finalize their divorce quicker.

This option also allows couples to have more control over the divorce process and create an agreement that reflects their needs. Creative solutions are more accessible in an amicable divorce since the couple knows each other. A judge will not have the same insight into what assets are important to each partner.

Emotionally, an amicable divorce reduces the tension and hostility that can arise during traditional court proceedings. Without having to fight for a favorable outcome in court, couples can focus their energy on creating a mutually satisfactory agreement and ultimately part ways with respect. And when minor children are involved, the collaborative approach may provide an opportunity to co-parent more effectively and minimize the emotional toll of divorce on the kids.

Both mediation and collaborative divorce ultimately require commitment, compromise, and patience from both parties, but they are excellent options for Pennsylvania couples who are motivated to part ways peacefully without the need for court intervention. If you’re interested in this type of divorce, you might want to seek the assistance of a qualified divorce lawyer who can help you determine if it’s the right choice for you. Contact the Law Office of Joanne Kleiner at 215-886-1266 to speak with an attorney at our Jenkintown office about your legal rights and options.

May 16, 2023

Pennsylvania uncontested divorces

How Uncontested Divorces Work in Pennsylvania

Divorce trends in Pennsylvania reflect those throughout the U.S.: overall divorce rates continue to tumble while the rate of uncontested divorces continues to rise. State divorce lawyers are generally unsurprised by the uptick in uncontested divorces as they are generally both cheaper and quicker. They also provide estranged parents much greater control, such as being able to shield their young children from the proceedings.

Divorce Requirements in Pennsylvania

Pennsylvania allows you to file for divorce on three grounds:

Fault
12 months of separation
Mutual consent and no fault

The third item in the list is what we are focused on here, and there is no waiting period required. There is a residency requirement in that either you or your spouse must be a resident of the state for at least six months prior to filing. It does not matter in which state you were originally married. Another common question is whether you can get divorced while pregnant. The answer is yes. While some states require babies to be born prior to divorce in order to clarify paternity and custody issues, Pennsylvania does not.

What Is an Uncontested Divorce?

In Pennsylvania, the official term for an uncontested divorce is mutual consent divorce, which is sometimes referred to as a no-fault divorce as well. In legal circles, it is also known as a 3301c divorce, which refers to the state statute that defines the concept. An uncontested divorce involves the spouses cooperating and negotiating to reach their own settlement agreement. This approach minimizes the involvement of the courts and allows the spouses to have autonomy throughout the entire process.

How to Get an Uncontested Divorce in Pennsylvania

From a technical standpoint, the first step is to acquire all the legal forms required for a divorce and complete them. While having the assistance of a divorce lawyer is not required, it is highly recommended. The typical uncontested divorce requires more than a dozen legal forms, including Self-Represented Party Entry of Appearance and Form 1 Notice to Defend and Divorce Complaint. An attorney can help you identify the forms you need and complete them.

Once those forms are completed, you then submit them to the Clerk of Court along with a filing fee. The fee is generally around $300, and if you cannot afford to pay it, it may be possible to have it waived by petitioning the court for relief. The next step is to serve your spouse with divorce papers. This must be officialized, but if you and your spouse are working together, it is as simple as completing the appropriate document and having it notarized. Otherwise, it must be completed via Personal Service, such as through the Sheriff’s Office, or by Certified Mail with return receipt requested.

Reaching the Settlement Agreement

If you are a parent, you may be required at this point to attend a parenting class, depending on the county in which you filed. The next step is for each spouse to complete a financial disclosure and provide it to the other spouse. This serves as the basis for a settlement agreement. Once the agreement is reached, you must document it as required by law and submit it to the court.

Court Approval and Waiting Period

There is a mandatory 90-day waiting period between the original filing and the spouses filing consent. Therefore, you cannot have your divorce finalized until this phase has been completed. Once you have submitted these documents to the Court and the Court deems that it has all relevant documents, it will review the agreement. If all is in order, it will be approved by the Divorce Decree.

Local Assistance With Your Uncontested Divorce

While you may not need a divorce lawyer to file and officialize an uncontested divorce, having one can help you achieve a settlement agreement that benefits both parties sooner and more easily. If you would like to meet to discuss your options for an uncontested divorce, you can schedule that appointment with the Law Office of Joanne Kleiner by calling 215-886-1266 or by using our online contact form.

Oct 18, 2017

Uncontested Divorce in Pennsylvania

Uncontested Divorce Lawyer

Many people are interested in the smoothest possible management of their Pennsylvania divorce claim. This may mean that you initiate a claim for uncontested divorce. In a contested divorce, there may be one or multiple issues up for debate among the divorcing spouses.

You may not be able to come to terms about equitable distribution of the property or child custody. This is not uncommon as many people who are watching their marriage unravel are concerned about getting along with their spouse and may be unable to reach an amicable outcome. Pennsylvania law recently changed to allow for faster divorces for those people who have an uncontested marital dissolution.

In order to proceed with an uncontested divorce in Pennsylvania, you must be able to agree on all the terms with your spouse outside of court. This can mean significantly less time spent arguing and less money invested in your divorce overall. However, it is rare that you will be able to come to terms with your other spouse.

Different Types of PA Divorce

If you have been separated for a year or more and your date of separation happened on or beyond December 5th, 2016, you may be eligible to pursue a section 3301(d) divorce. You can also qualify for a section 3301(d) divorce if you have been separated for two years or more. In the event that neither of those two situations applies to you in your Pennsylvania divorce, you may still be eligible to receive a section 3301(c) divorce. The law requires a 90-day waiting period for all divorces under this umbrella.

A typical 3301 divorce may vary based on how soon you want the service to be completed. In a manner of weeks, you could have rush service completed but it could be up to 16 weeks for a typical divorce service. A 3301(c) divorce, however, may take several months with a rush divorce service and up to six months with a normal divorce service. If you have already tried to come to terms with your former spouse about the circumstances of ending your marriage and been unsuccessful at doing so, you are not alone.

Many people who are looking to dissolve their marriage and move on with their lives may try to work things out with their spouse in mediation or an informal settlement agreement. This may help move the ball forward if you and your spouse are able to come to terms on certain aspects of the divorce. But if you have a difficult spouse and one who will not agree to these terms willingly, you may need to consult with an experienced Pennsylvania divorce attorney who is knowledgeable about contested divorce.

Having someone in your corner from the outset of the divorce is strongly recommended in any case as you should be knowledgeable about ow long these processes typically take and what can be gained from speaking directly with a lawyer. When you know your rights and responsibilities at the outset of a divorce, you can make an informed decision about when and how to file. If you want to try to work thing out with your former spouse on your own, you are certainly entitled to do so but many people find themselves hitting a wall when it comes to agreeing on very contentious issues such as child custody. There is certainly nothing wrong with your or your case if you find yourself in this situation. Rather, you should prepare yourself to hire an experienced Pennsylvania divorce attorney who can walk you through each phase. Do not hesitate to get help when you are concerned about how your Pennsylvania divorce will be handled whether it is uncontested or contested. There are many different factors that can influence how long it will take for you to ultimately receive a divorce but the most important thing to consider is that having an attorney who is knowledgeable and caring about your individual situation can make a world of difference.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

Uncontested divorce Pennsylvania

Better Divorces Using the Amicable Divorce Process

Divorcing outside of court