Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

alternative dispute resolution

May 11

Choosing Your Collaborative Divorce Attorney

How to Select a Lawyer for Your Collaborative Divorce

Multiple methods can be used to obtain a divorce, and each one requires different skills and experience on the part of the lawyer who assists you. If you are seeking a process that is less confrontational than litigation and allows you to work with your estranged spouse in a respectful manner, you might want to opt for a collaborative divorce. As part of this, you will want to select an attorney who has significant prior experience in this type of matter.

The Collaborative Divorce Process

A collaborative divorce is an alternative dispute resolution method that couples can use when they want to resolve their issues without going to court. If they choose to go this route, they work with professionals such as their respective lawyers as well as financial analysts and mental health experts to reach solutions to the issues that both parties can be satisfied with. Spouses commit to attempting to resolve their issues out of court by signing an agreement. The agreement also includes a provision that if the collaborative divorce process fails, neither lawyer will be allowed to represent their client in court during any ensuing litigation.

Start With Recommendations and Reviews

When you begin looking for a divorce lawyer to work with you in your collaborative divorce, you can ask friends and family members for recommendations. You can also speak to other law professionals who might have suggestions for you. Finally, you should read reviews of different collaborative lawyers to gain a sense of their work and help you decide to set up initial consultations.


The Importance of Experience

One of the most important things you will want to find out about is the collaborative lawyer’s experience. To do this, you might inquire about their successful experience with clients who used the collaborative process for divorce and about any current cases that they might be handling. This conversation can help you figure out the lawyer’s commitment to resolving divorce issues out of court as well as their ability to address any challenges that might arise during the process.

Looking for the Right Background

Experience is not the only crucial factor when choosing a lawyer for your collaborative divorce. You will also want to look at their education and any specialized training that can show you how they developed their collaborative skills. Specialized training might include having completed a course specific to collaborative divorce from a reputable organization. You might also want to look at any on-going training that shows that they are staying current with the process and any legislation involving collaborative divorce.

Relationships With Other Professionals

Divorce often includes other areas that must be addressed during the process. This might mean sessions with a therapist or life coach or the assistance of finance professionals during the division of property and settlement negotiations. If your divorce attorney has built relationships with other professionals who might be needed during the process, this can help make the proceedings smoother and more efficient.

Your Initial Consultation

Once you have narrowed your choices for a potential attorney, you should set up initial meetings with each of them. During these meetings, you can evaluate several things beyond their experience and training to help you make a final decision, including:

  • Compatibility with your personality and your goals
  • The way they approach the process
  • Their ability to answer questions in a knowledgeable and open manner
  • The way they communicate, including their style and response time

If you are ready to begin your search for an experienced Pennsylvania collaborative divorce lawyer, you can call us at 215-886-1266 to set up an initial consultation at our office in Jenkintown. We are ready to listen to your questions and offer you personalized service and attention. At the Law Office of Joanne Kleiner, we are committed to helping you achieve your goals.

Aug 05, 2023

Divorce Mediation Frequently Asked Questions

Divorce Mediation in Pennsylvania: FAQs

While you might think that getting divorced will mean a bitter, protracted court battle, your likelihood of having to take your case to trial is small. An estimated 95% of divorce cases are settled outside of court through negotiations or alternative dispute resolution procedures such as mediation. Here are some frequently asked questions about divorce mediation to pose to an experienced Pennsylvania divorce lawyer.

1. What Is Divorce Mediation?

Divorce mediation is an alternative dispute resolution process that occurs outside of court. If you attend mediation, you and your spouse will each meet with a mediator. The mediator is a trained, neutral party who is skilled in helping people in conflict resolve their issues and reach an agreement.

2. What Happens if You Reach a Mediated Agreement?

If you reach an agreement in mediation, it will be memorialized in a legal document that you and your spouse can review and submit to the court. If you reach a full settlement agreement, its terms will be incorporated by the court as the orders included in your divorce decree. If you reach a partial agreement, those issues can be settled, and you can continue to negotiate or litigate the remaining issues.

3. What Happens if You Don’t Reach an Agreement in Mediation?

If you and your spouse can’t reach an agreement through divorce mediation, your case will proceed to trial. At a divorce trial, both of you can call witnesses and present evidence, and the judge will make a final decision for you.

4. What Types of Issues Can Be Addressed in Divorce Mediation?

In divorce mediation, you can try to reach an agreement on all of the outstanding issues in your case, including the following:

  • Child custody and parenting time
  • Property division
  • Responsibility for debts
  • What to do with the marital home
  • Spousal support
  • How pensions, IRAs, 401(k)s, and other accounts will be divided

5. Is Mediation Required in Pennsylvania Divorce Cases?

Attending divorce mediation is a voluntary decision agreed to by both spouses to try to reach a negotiated settlement agreement. If your spouse doesn’t agree to try mediation, you might try pointing out how expensive the alternative could be for both of you. Litigating a divorce to trial could take months or even years, and litigation costs can quickly add up.

6. What Are the Advantages of Divorce Mediation vs. Trial?

Mediation offers the following advantages compared to going to a divorce trial:

  • Faster way to get divorced
  • Much less costly than litigating a case through trial
  • Might be happier with the outcome than letting a judge make the decisions
  • Reduces conflict
  • More flexible than litigation

If you can reach an agreement in mediation, it can greatly shorten the time it takes to get divorced. In some cases, couples choose to attend mediation before filing for divorce and then pursue an uncontested case. Depending on the court’s schedule, an uncontested divorce could take from three to six months.

7. When is Mediation Inappropriate?

While mediation is a good choice for many divorcing couples, there are some situations in which going to mediation might not be in your interest. Mediation might not be the best way to resolve your divorce in the following situations:

  • Your spouse is hiding assets.
  • You are the victim of domestic violence.
  • Your spouse has serious drug abuse issues that endanger your children.
  • There is a significant power imbalance between your spouse and you.

If any of these situations apply to your case, it might be best to litigate your case through trial with the help of a dedicated divorce attorney.

Consult a Divorce Lawyer

If you are interested in divorce mediation as a possible way to resolve your case, you should reach out to an experienced Pennsylvania divorce lawyer in Jenkintown at the Law Office of Joanne Kleiner. Schedule a confidential consultation by calling 215-886-1266 or filling out our online contact form.