Law Office of Joanne Kleiner

child custody arrangement

Jun 08

Can a Divorce Be Settled Through Arbitration Instead of in Court?

When Is Divorce Arbitration the Right Choice?

In the United States, about 2.3 out of every 1,000 adults get divorced each year. The process of going through a divorce can be time-consuming, stressful, and lead to unwanted attention, especially if it goes through the public court system. Working with an arbitrator and a divorce lawyer allows you to handle the matter privately and with less stress and frustration.

What Is Arbitration?

Arbitration is an alternative dispute resolution process that takes place outside of a courtroom. Your divorce lawyer and your soon-to-be ex-spouse’s lawyer jointly select a private judge to serve as the arbitrator. Each lawyer presents evidence on every issue that must be resolved for the divorce to be finalized. This includes spousal support, child custody and support, division of assets and debts, and even who gets the family dog or cat. The arbitrator listens to each side and makes a decision, and all parties agree to abide by the arbitrator’s choice. Less evidence is required for arbitration, and each side’s presentation is straightforward and succinct. Arbitrators charge by the hour, and their fees are typically lower than that of going to court for a contested divorce.

Where Does Arbitration Take Place?

Arbitration takes place in a private meeting room. The proceedings aren’t open to the public, and no announcement is made about your case. In some cases, arbitrators provide a private link for a teleconference meeting. This allows parties in different states to attend the meeting. If you have to travel for work, this option may be convenient for you.

Who Should Consider Arbitration for a Divorce?

Resolving a divorce through arbitration is ideal for people who want to get through the process as quickly as possible. If you don’t want your personal business brought to light in a public forum, this is another good reason to consider arbitration. Many divorces involve potentially embarrassing issues, such as alcoholism, drug use, infidelity, and other issues that you might not want to make public. Your arbitration agreement could include confidentiality of the proceedings. The terms of the divorce can also be kept confidential in arbitration.

If you and your soon-to-be ex-spouse are in agreement on most of the divorce issues, such as who gets to keep the house and who gets the kids on their birthdays, arbitration could be a more cost-effective option.

You might consider arbitration if you want to avoid the hostility that often results from a divorce trial. Perhaps you don’t want to go through more trauma, or you don’t want your kids to hear and see their parents arguing.

Many people seeking a divorce choose arbitration for its flexibility. Scheduling meetings is easier. Meetings may be scheduled in the evening or on weekends, which is less disruptive for your job and day-to-day life.

How Long Does Arbitration Take?

The arbitration process usually takes less time than a divorce trial. The divorce attorneys don’t have to present as much evidence to an arbitrator as they do to a family court judge. It may take months to schedule an initial court hearing. In contrast, an arbitration process may be completed in that duration of time.

Why Choose Arbitration Over Court?

When you choose arbitration, you, your soon-to-be ex-spouse, and your lawyers choose the arbitrator. In a court trial, your case is randomly assigned to a judge. Arbitration is also a good choice if you have a dispute around a particular issue, such as real estate. You could choose an arbitrator who practiced law in real estate and has specific expertise on the issue. Divorcing couples also get to pick the amount of time the arbitrator can have to make a decision and which issues will be decided by the arbitrator.

Anyone considering a divorce may benefit from a consultation with a divorce lawyer Reach the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania at (215) 886-1266, or complete our contact form to request a consultation today.

Aug 28

How to Share Responsibilities for a Young Child’s School Activities

Who Is Responsible for School-Related Child Issues After Divorce

In 2016, the marriage rate was 6.9 per 1,000 individuals, and the divorce rate was 3.2 per 1,000 people. Overall, about 40 percent of first marriages end in divorce, and the rate is higher for second and subsequent marriages. Many of those divorces include households with young children who attend school, leaving parents with some tough choices regarding who will be responsible for handling school-related activities.

Deciding on a School District

If you and your ex-spouse both reside in the same school district, you may still need to decide on whose address to use as the primary address for your child. If one parent lives in a much better school district, you may have to work out the residency in your custody arrangement. This could be the situation if you share custody and parenting responsibilities. If one parent has primary custody, then that parent’s address is typically the one used for school purposes. The address is important because school district borders may vary based on which side of the street you live on.

Attendance at School Functions

When working with your divorce mediation lawyer, many of the scheduling issues between you and your ex-spouse will be negotiated as a part of the child custody arrangement. However, some issues may need to be directly specified in the arrangements. Attendance at school functions is one of those topics. Schools encourage parents to attend special events such as open houses and plays. If you do not want to attend the events simultaneously, work out an arrangement based on whom the child is with on the day of the event. You could also work out something different, such as an arrangement where one parent goes to daytime functions and another goes to evening functions.

Parent and Teacher Conferences

Parent and teacher conferences are an important part of the educational process. They allow you to find out how your child is doing socially, academically and functionally in the school environment. If you have a shared custody arrangement, consider going to a conference together or arranging separate times to both meet with your child’s teacher. This is especially important if your child stays with you and your ex-spouse during the school year.

Child Discipline Problems at School

You will also need to decide on who will be the point of contact if your child has a discipline problem at school. In this situation, you might have meetings with the school’s counselor, principal and teacher. Both parents may be asked to attend. If you and your ex-spouse prefer, you can arrange so that just one of you will handle these situations if they arise.

Pickup and Drop-Off Responsibilities

Part of your child custody arrangement may include who is responsible for getting your child to and from school each day. If you share custody and switch off different days of the week, this information will need to be provided to the school. If your child will ride the bus and use different school bus routes and stops based on whose house they are going to that day, this information must also be communicated to the school.

Emergencies and Unusual Events

You also need to have a plan with your ex-spouse about how to handle emergencies and unusual events. For example, if your child gets sick during the school day, you will need to know in advance who will pick up the child at school. This might be based on work schedules or which parent is caring for the child that day. You should have a plan in place for situations such as weather hazards that result in school closures, delays or early dismissals. Have a plan for handling school lockdowns and emergency building closures that are due to utility disruptions or widespread illness.

Joanne Kleiner is a skilled divorce mediation lawyer who can help you work through all of these issues. To schedule a consultation, contact us at Joanne Kleiner & Associates by phone at (215) 886-1266. You can also visit our law office in Jenkintown in person to make an appointment.