Law Office of Joanne Kleiner

Uncontested divorce

Jun 04

Should You Consider an Uncontested Divorce?

Why Should You Consider an Uncontested Divorce?

It’s common for individuals to spend thousands of dollars on a contested divorce that goes through trial. Therefore, it may be in your best interest to consider options that might allow you to end your marriage without the need to appear in court.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both parties to the marriage in question agree to terms of a final settlement outside of court. As a general rule, couples will agree to terms without the need for a lengthy court battle. A divorce will likely be considered uncontested if there are no outstanding issues prior to seeking court approval to formally end the union.

What Are the Key Benefits to an Uncontested Divorce?

One of the key benefits of this type of divorce is that you may be able to forego any waiting period before your marriage is officially terminated. You can get closure in a timely manner and start taking steps to rebuild your life as soon as you and your spouse agree to go your separate ways.

If you have children, opting to avoid a formal trial can help to spare them from being exposed to the drama and stress that it may bring. Furthermore, avoiding court may also mean that your split is less expensive because you may not need a divorce lawyer until it comes time to review the terms of the final settlement. Also, court costs add up.

Are You Sure That Your Settlement Is Equitable?

An uncontested divorce may be a good idea for you if you truly feel as if you have reached a fair settlement based on the agreement that you’ve made with your spouse. As a general rule, you are entitled to roughly half of the assets held within the marital estate. You may also be entitled to alimony, child support payments and other forms of compensation.

Often, the value of the marital estate is determined by reviewing tax returns, pay records and other financial documents. If you don’t have access to those records, it may not be wise to sign any divorce documents. Instead, it may be best to hire a divorce lawyer who may be able to examine the documents and interpret them for you.

A Judge Will Need to Review a Parenting Plan Before It Takes Effect

To qualify for an uncontested divorce, you must have any issues related to child custody and support taken care of prior to submitting divorce papers. However, although you can create a parenting plan as part of the settlement process, it won’t necessarily go into effect right away because a judge will need to ensure that it preserves your child’s best interests.

In most cases, a hearing consists of little more than answering a few questions to ensure that you understand the plan’s structure and that you agree to adhere to it. Afterward, the judge will likely approve the plan and allow it to take effect immediately.

What Else Should You Know About an Uncontested Divorce?

An uncontested divorce can be ideal if you want to keep a more positive emotional state. Of course, negotiating a settlement outside of court requires you and your spouse to work together with the help of your respective divorce lawyers to come to an agreement. During this process, you get a chance to express your feelings in an open and honest way, which may help you work through the emotional trauma that ending a marriage may bring.

Furthermore, it allows you to tell your spouse what you really need from a settlement. Therefore, there is a greater chance that you will walk away from the negotiation table feeling good about yourself and your future prospects. This may make it easier to maintain the strength needed to be there for yourself and for your children after your marriage ends.

If you have legal questions about your upcoming divorce or would like input about your proposed settlement, don’t hesitate to contact the Law Office of Joanne Kleiner in Jenkintown by calling 215-886-1266 or by filling out the secure online contact form.

Mar 13

Why You Might Want an Uncontested Divorce

The Many Potential Benefits of an Uncontested Divorce

After accounting for legal fees, court costs and other related expenses, it can cost up to $200,000 to end a marriage. However, an uncontested divorce may allow you to end your marriage for a fraction of the price. Let’s look at some of the other benefits of ending your marriage without putting up much of a fight.

There Is Less Chance for Conflict

A divorce can be one of the most emotional events that you will go through in your life. It isn’t uncommon to feel fear, anxiety and anger while you’re dealing with a separation. However, your feelings could cause you to say or do things that are aimed at hurting your former spouse as opposed to settling the divorce in a timely manner. By choosing to have an uncontested divorce, you can have a clean break.

From a legal standpoint, an uncontested divorce is a decree that neither party is fighting the separation. There should be no financial disputes, and both spouses must agree to the divorce.

Make Life Easier for Your Children

If you have children, the last thing that you want to do is put them in the middle of a protracted conflict with your former spouse. While you might not intend to hurt them, they could potentially hear anything negative that you say about their other parent. They may also see the ways you try to undermine your former spouse’s authority as a parent or personal dignity.

The trauma that a child endures during a divorce could linger after your marriage formally ends. If your child is now spending time in two different households, fighting with your ex will only make the transition more stressful. By minimizing the chances of conflict occurring during a divorce, you maximize the chances that you and your former spouse can work together for the good of your child.

You Don’t Have to Be an Open Book

In a typical divorce case, you are generally required to make significant financial disclosures. This information is used to determine the amount of alimony that you might get or the level of child support that you may need to pay. Furthermore, your spouse may enter text messages or other private messages into evidence.

By opting for an uncontested divorce, you don’t have to worry about other people exposing your secrets to the public. You also don’t have to worry about anything that you say to friends or post online being used to undermine your position in court.

Uncontested Divorces Usually Save Time and Money

An uncontested divorce can typically be settled for a flat fee to your attorney and to the court where the divorce takes place. In most cases, an uncontested divorce requires little more than submitting a few forms and making a brief appearance in court. The entire process can be completed in a matter of days or weeks.

Conversely, a divorce trial can take up to a year or more to complete assuming that everything goes as planned. The court may order that you appear to testify on certain days that are not convenient for you. Therefore, uncontested divorces are more ideal for those who can’t take time off work or afford suitable daycare for their kids.

Most Cases Get Settled Anyway

Roughly 90% of divorce cases are settled, which means that you are likely to resolve the matter outside of court regardless of what method you use. However, it is important to note that any parenting plan that you come up with will need to be approved by a judge before it can go into effect. This is because the court needs to be sure that the agreement is in the best interests of the child.

If you need legal assistance from someone who understands how uncontested divorces work, it may be a good idea to contact the Law Office of Joanne Kleiner. You can call our office in Jenkintown by dialing (215) 886-1266. You can also send us a fax to (215) 886-2670.

Mar 22

The Advantages of an Uncontested Divorce

The Benefits of Getting an Uncontested Divorce

About 50 percent of married Americans end up getting divorced at some point in their lives, and despite the common misconception that divorce is about conflict and winning, the truth of the matter can be very different. Through cooperation and striving for a mutually beneficial scenario, some couples can arrive at a divorce settlement that is amicable for both parties. If they can, they eliminate the necessity of going to court, and cases such as these are known as uncontested divorces.

What Does the Process Involve?

In any divorce, contentions and discussions regarding the settlement tend to fall into one of four categories:

  • Distribution of shared debt
  • Division of marital property
  • Custody and care of the children
  • Child support or spousal maintenance

When two individuals agree on most things in all four of these categories, they can avoid going to court and standing in front of a judge. Instead, they can work out the difficulties on their own and solve everything between themselves. This makes the entire process less hostile and allows it to wrap up much more quickly.

Which Couples Are Eligible?

Obviously, this type of divorce requires two mature adults who understand that their marriage is over and who both wish to move on with their lives. A big part of this scenario is learning to let the other person go. Both parties must be able to set their emotions aside in order to tackle the problems at hand in an objective fashion. Furthermore, it is important that both sides approach the negotiation as equals. In other words, there should be no imbalance in the power dynamics between the spouses. This could lead to a skewed agreement in which one party or the other might be pressured into granting concessions he or she would not have otherwise made. In cases such as these where a fundamental inequality exists in the relationship, a trial might be more appropriate. Although some attorneys will agree to act as a mediator for both sides, it is usually advisable for each one to retain separate counsel. Regardless of how civil the people involved may be, divorce is an adversarial proceeding after all, and the process can often be facilitated by each party having a lawyer present to ensure that his or her best interests are being sufficiently protected.

What Are the Benefits?

A no-fault divorce that is uncontested can be finalized in approximately 90 days. The process can be quick and quiet. It can allow a marriage to end with dignity and away from public view. A settlement that is arrived at courteously behind closed doors is less contentious and far more shielded from unwanted scrutiny. Solving things on your own will always be significantly cheaper than going through a court appearance that can drain precious resources and present unpleasant surprises. When the couple divorcing can cooperate on settling the family’s basic needs, they will not only minimize the conflict but also the costs.

How Do We Proceed?

In the event that you opt for this relatively painless method of ending your marriage, you must reach an agreement with your spouse. The two of you will have to do most of the hard work yourselves. You must first sit down together without undue recrimination and have a rational discussion. If you can reach a fair and equitable compromise on each of the major elements that have been shared and must now be distributed, there is no reason to make the separation more unpleasant than necessary. Your respective lawyers can prepare the documents and file them on your behalf. In a relatively short time, your divorce will be granted. If you’d like to deal with legal professionals who have experience handling uncontested divorces, contact the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania, today at 215-886-1266. We’ll schedule a consultation.

Sep 06

The Contested vs. Uncontested Divorce

Uncontested Divorce

When your marriage has ended and the only way forward is through a divorce filing, there are generally two ways that can proceed—as a contested divorce or as an uncontested divorce.

In an uncontested divorce, the party on whom the divorce complaint is filed (technically, the defendant) does not challenge the allegations in the complaint. That may come about because the defendant elects not to respond at all to the complaint for divorce. In such circumstances, the party who filed the complaint will typically be entitled to what is known as “default judgment.” In other situations, the party upon whom the complaint was filed may answer the complaint, but raise no objections. In either instance, the court will subsequently enter a divorce decree or order, identifying the terms of custody and visitation, support and the distribution of property.

With a contested divorce, though, the process is very different. A divorce becomes contested when the party upon whom the complaint is filed responds, challenging any assertion in the complaint. The divorce proceeding then moves forward toward trial. On the way to trial, a number of things can happen to terminate the process:

  • The parties can negotiate a settlement
  • The parties can use mediation to resolve their differences
  • The parties can reconcile and the complaint can be withdrawn

If none of these events occurs, the parties will typically go through a discovery period, where both sides gather evidence to support their claims. During this period, depositions may take place and parties may be required to produce documents, such as financial records. The court will likely encourage the parties, throughout the discovery process, to find a way to settle the disputes without a trial.

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.

May 17, 2012

Types of Divorce in Pennsylvania

Divorce law in the Commonwealth of Pennsylvania provides for many approaches to divorce, as follows:

• Uncontested divorce. When spouses in a divorcing couple can agree on all the issues and do not site fault grounds, they file for an uncontested divorce.

• Contested divorce. A divorce in which the spouses disagree on issues such as child custody, visitation, spousal support and property division is contested. In a contested divorce you go to court to resolve the issues. A contested divorce can be an expensive and drawn-out process, and requires the assistance of an experienced Pennsylvania divorce attorney to get through the process.

• Collaborative divorce. A collaborative divorce allows couples to resolve their differences without going to court. In a spirit of cooperation, the spouses negotiate an agreement on the issues, and both parties are represented and advised by separate collaborative attorneys. Collaborative divorce is a completely voluntary process, and if either spouse opts to go to court, the process ends and the attorneys withdraw.

• Mediated divorce. Divorce mediation is a process in which a neutral third party helps the divorcing spouses to resolve disputes on the issues and reach an agreement.

• Legal separation. Pennsylvania has no such status as legal separation. However, a divorce attorney can prepare a separation agreement for you. The separation agreement is a legally binding document that offers protections for both spouses during the separation. The agreement can include provisions on property division, support and custody, and any issues covered in a divorce decree.

You don’t have to face a divorce alone

Each family is unique and has its own special needs. An experienced divorce attorney can help you determine the best approach to divorce for your family. Contact us online or call (215) 886-1266 and schedule a consultation to discuss your divorce needs.