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Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Uncontested divorce

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.

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.