Law Office of Joanne Kleiner

collaborative divorce in Pennsylvania

Oct 09

What Are the Types of Divorce and the Litigation Alternatives?

Are There Alternatives to a Divorce in Court?

In 2020, 58,960 couples got married in Pennsylvania, and 28,884 got divorced. Many people are hesitant to proceed with a divorce because of how they perceive the attention, expense and stress of the process. If you’re considering a divorce, a consultation with a divorce lawyer will help you understand the alternatives to a costly, time-consuming and public divorce in a courtroom.

Collaborative Divorce

If you and your spouse are on good terms, a collaborative divorce offers an effective way to end the marriage. It’s designed to reduce the cost and stress of the divorce process. Both parties work with their individual divorce lawyers to resolve issues without the court having to decide for them. In some cases, such as child custody, the parties might work with other professionals in order to work through disputes. The final settlement comes from the decisions made by the two parties and their lawyers. A judge then signs and enters the final settlement into the public record.

Mediation With a Third Party

When you want to stay out of court as much as possible but you and your spouse also have a wide range of disagreements, working with a mediator may be your best option. When you choose this process, a neutral party works to resolve disputed issues. Mediation is common for helping couples make agreeable decisions on spousal and child support, child custody, pet custody and the division of assets.

The mediator doesn’t represent either party. They also don’t make any of the decisions. They simply facilitate communication with the goal of reaching a settlement as quickly as possible. If you choose to use a mediator, you and your spouse will each want to have an attorney. Mediation costs less than having attorneys argue for you in court, and it also gives you more control and privacy over the divorce process.

Arbitration

Using arbitration is another effective option when you and your spouse want to keep your business out of the public courtroom. This process features a private trial in which one or more arbitrators function as a judge. The arbitrators typically have several years of legal experience, and they may be attorneys who do this on a full-time or part-time basis. This type of alternative dispute resolution allows you and your attorney to present your case.

The hearing isn’t as formal as what takes place in a courtroom. Less evidence is required than what a judge would mandate in court. After a hearing, the arbitrator decides on the issues. One or more issues may be discussed at each hearing. The decisions made by an arbitrator can be non-binding or binding.

Using an arbitrator costs more than a mediator or the collaborative process, but it’s less time-consuming and expensive than handling these disputes in court. The downside of using an arbitrator is that you and your spouse lose control over the decision-making process.

Choosing an Alternative to Divorce

Many divorcing spouses start with a collaborative process. If you don’t make any progress on resolving your disagreements, you can then move on to another option, such as a mediator. Working with a mediator doesn’t prevent you from moving on to an arbitrator if the mediator can’t resolve the areas of disagreement.

Some divorcing spouses work their way through all of these court alternatives in order to reduce the cost, stress and publicity surrounding a traditional divorce process. No matter which type of divorce alternative you consider, consulting with an attorney helps you know what to expect and ensures that all documents are in order and filed with the court in a timely manner.

When you’re considering a Pennsylvania divorce, you may benefit from an appointment with attorney Joanne Kleiner. Contact our office in Jenkintown at (215) 886-1266, or fill out our contact form, and an associate will contact you with scheduling options.

Aug 05

How Will a Divorce Impact My Financial Future?

How Will Divorce Affect My Finances?

Money is among the top three reasons why people choose to divorce. Unfortunately, the process of divorce itself can cause significant financial difficulties for one or both parties, as net worth typically drops by at least 50%. Divorce has immediate, short-term and long-lasting impacts on your finances, but working with a divorce lawyer and using an out-of-court mediation or collaborative process may help mitigate the effects of divorce on your bottom line.

Paying for a Divorce

Using an alternative dispute resolution process helps you stay out of the courtroom during divorce proceedings. However, you’ll still have to pay for legal representation, court fees and other expenses related to the divorce, such as document preparation fees. Depending on the length of your divorce process, how long it takes you and your spouse to agree to terms and whether or not there are child custody issues, paying for a divorce may be a considerable expense. Some people need to take out personal loans in order to pay for these costs.

Increased Costs of Living on Your Own

During a marriage, the costs of housing, utilities and food are typically shared. Maintaining two separate households costs more than one larger household in most situations. After a divorce, at least one party typically moves out of the family home. If you’re the one moving into a new residence, you’ll have to come up with the funds for a security deposit, utility deposits and more.

Lower Standard of Living

After a divorce, your standard of living is likely to drop. You may have less disposable income for restaurants, clothing and other niceties. Many people have to downgrade their vehicles, move to a lower-cost neighborhood or a smaller home and forego services, such as cable, television subscriptions or gym memberships. If you were a stay-at-home parent, your lifestyle could change drastically if you have to search for a job after being out of the workforce for a while.

Decrease of Your Net Worth

Your net worth includes real estate, investments, vehicles, jewelry, cash and other items of value. In most divorces, those assets are split between the two parties. Your net worth may drop by 50% or more. If you must pay spousal or child support, or if the court awards your ex-spouse more than 50% of the marital assets, your net worth could drop even further. With a lower net worth, you might find it more difficult to borrow money for personal needs, take on a mortgage or secure a business loan.

Difficulty With Sudden, Unexpected or Large Expenses

Married couples often have two incomes, which makes a sudden or unexpected expense less of a catastrophe. For example, when a married couple needs to replace the roof on their home, securing a loan or paying for the roof with monthly payments or cash on hand is usually a doable situation. If you had to pay to replace a leaking roof on just one income, the situation could be more challenging. You’ll also need to consider how divorce will impact other large expenses, such as paying for a child’s college education, replacing a vehicle or getting a new furnace.

Depleted Savings and Investments for Retirement

Pensions, Social Security benefits, stocks, investments and retirement accounts are all counted by the court when determining assets. Your ex-spouse may claim part of your pension funds, leaving you with less money for retirement. Many people dip into their 401(k) accounts in order to pay for their legal expenses or to purchase a new residence after a divorce. Depleting your retirement account may incur penalties and fees, especially if you’re younger than age 59 1/2. Your emergency fund may be depleted, and restoring it on your income alone could be a difficult task.

If you’re considering a divorce and have concerns about the financial impacts, you may benefit from an appointment with a Pennsylvania divorce lawyer. Call the Law Office of Joanne Kleiner at (215) 886-1266, or fill out our contact form to request a confidential consultation today.

May 08

Why You Should Try Divorce Mediation

Explore the Benefits of Divorce Mediation

Since it has a high success rate, mediation is one of the most effective forms of handling a divorce. Why does mediation work so well? More and more couples are choosing this process because it provides several benefits.

The Whole Process Is Faster

If you just want your divorce to be over with, mediation is the way to go. One of the big benefits of mediation is that it’s far quicker than going through the courts. When your case is decided in front of a judge, you must wait months for your court date. Depending on your situation, you may have to wait weeks while you file paperwork and send documentation back and forth. Mediation is a lot more straightforward. You schedule your meetings, attend each session for an hour or two, and then go on your way. In most cases, mediation is completed in four to 10 weeks.

You Have Less Stress

Of course, a good divorce lawyer will manage a lot of the difficult parts of the process for you, but it’s still stressful to have to go to court and argue your case in front of a judge. Since mediation is more cooperative, it has an entirely different tone. You don’t have to feel like the law is getting involved, and you don’t have to feel like you’re having a confrontation. Instead, it’s simply you and your estranged spouse sitting down with a few helpful advisors while you figure things out.

Your Discussions Are Confidential

Court proceedings typically become a matter of public record. If you have a contentious divorce, all your dirty laundry gets aired to the public. Anyone who is interested can pull court documents and learn about your relationship and your finances. If this sounds too awkward for you, you should try mediation. Mediation is a private matter. If desired, you can even negotiate nondisclosure agreements to further safeguard your privacy.

Your Children Are Less Affected

If you have children, mediation is especially helpful. By working with the other parent, you maintain a more positive relationship with your co-parent. Mediation reduces the chances of an acrimonious divorce that can lead to years of disagreements with your child’s other parent. It also keeps your kids from being involved. They don’t have to testify in court and feel like they’re getting dragged into your disagreements with their other parent.

It’s More Affordable

If you’re worried about losing money in a divorce, mediation is a good option. Divorce mediation costs are usually around 40% to 60% lower than traditional divorce costs. Part of this is due to the simplicity of mediation. You don’t have to hire a divorce lawyer to carefully prepare court arguments and spend hours negotiating with your ex’s divorce attorney. Mediation is also more affordable because it’s over faster and has fewer court filing fees associated with it.

You Have More Control

If you decide to take your estranged spouse to court for a divorce, you end up relying on the judge’s discretion. The court will decide what it deems fair and make a ruling you’re legally bound to follow. This can lead to problems like your spouse ending up with the house you renovated or you obtaining one of your spouse’s family heirlooms. If you want to avoid these issues, mediation is a good idea. You’re entirely in control, so you get to decide how your assets should be divided. You can also make more flexible arrangements regarding issues like pet custody or reduced child support.

Mediation is definitely simpler and less contentious, but it’s still a good idea to have a knowledgeable lawyer on your side. At the Law Office of Joanne Kleiner, we can help guide you through the mediation process. Our Jenkintown team is here to handle the paperwork, collect evidence for you and represent your side of the story. We can oversee everything from child custody to alimony. To learn more about our services, call (215) 886-1266, or fill out our contact form.

Nov 01

Answers to Questions About Collaborative Divorce

Collaborative Divorce in Pennsylvania: FAQs

According to a 2019 statistical survey, Pennsylvania’s divorce rate is 2.6, meaning an average of 2.6 residents out of 1,000 end their unions each year. But every dissolution of a marriage doesn’t have to be War of the Roses 2.0, and increasingly, people are choosing the collaborative divorce route.

What Is a Collaborative Divorce?

A collaborative divorce is an excellent option for people who want to avoid court. Instead of attending hearings in front of a judge, the two parties use mediation and joint negotiations to craft an agreement. When both parties sign the terms, the lawyers oversee the legal legwork, and nobody ever has to step foot into a courtroom.

When Was Collaborative Divorce Legalized in Pennsylvania?

Gov. Tom Wolf signed the Pennsylvania Collaborative Law Act on June 28, 2018. The statute made collaborative divorce a viable option in the Keystone State.

Can We Use One Lawyer in a Collaborative Divorce to Save Money?

No. Although both attorneys work together in collaborative divorces, each party needs their own divorce lawyer to represent their best interests. Otherwise, conflicts of interest could arise.

What Other Professionals Are Involved in the Collaborative Divorce Process?

In some cases, a team of experts may be brought in to facilitate negotiations. Typically, accountants or investment planners participate in the process. If you need to establish a co-parenting schedule, you may want to enlist a child psychologist or counselor.

Are Collaborative Divorce Negotiations Confidential?

Yes. In the overwhelming majority of cases, collaborative divorce negotiations are confidential. Moreover, both parties agree to not file court pleadings unless the process proves unsuccessful.

What Are the Stages of Collaborative Divorce?

Each divorce is different, so it’s impossible to give a play-by-play of how every divorce will unfold. Some couples may only need to go through four stages to get it done, and others may need eight. But the average collaborative divorce case cycles through the following six steps.

  • Step 1: Hire lawyers
  • Step 2: Sign the collaborative divorce agreement
  • Step 3: Choose the professional team that will participate in negotiations
  • Step 4: Engage in discussions and meetings
  • Step 5: Sign the divorce settlement
  • Step 6: Lawyers prepare the papers for the official divorce documents

How Long Will a Collaborative Divorce Take?

Again, every case is different. Some people are able to finalize their divorces within a few weeks, and others take months. The process is significantly shorter if you don’t have kids or many assets. Generally speaking, however, collaborative divorces move at a faster clip than litigation.

What Are the Benefits of Collaborative Divorce?

Collaborative divorce has many benefits, including:

  • More control over the process
  • No court-related scheduling issues
  • Increased confidentiality
  • Less stress/more amicable

For some families, the collaborative divorce process proves easier on the children.

What’s the Difference Between Collaborative Divorce and Mediation?

The mediation and collaborative divorce processes are very similar. The main difference is that third-party negotiators guide mediations, and collaborative divorces involve lawyers.

What Happens If Collaborative Divorce Negotiations Don’t Work?

If you and your spouse go through the collaborative divorce process and cannot reach an agreement, you can dissolve the negotiations and head to court. If you take that route, however, both of you must obtain new lawyers, as the original attorneys are required to withdraw.

Do Collaborative Divorces Cost Less Than Traditional Ones?

Each situation is different. For many people, collaborative divorces cost less than litigation. But if the negotiations are complicated, the price tag for both could be comparable.

For some Pennsylvania couples, collaborative divorce may be the way to go. To explore your options, consider speaking with a divorce lawyer at the Law Office of Joanne Kleiner. You can reach us by calling our Jenkintown office at (215) 886-1266.

Apr 29

Can You Benefit From a Collaborative Divorce?

Is a Collaborative Divorce Right for You?

Dealing with a divorce is never fun, but it does not have to be frustrating and upsetting. Thanks to the innovative techniques of collaborative law, it is possible for divorcing couples to compromise and find win-win solutions. While the average collaborative split is completed four times faster than a litigated divorce, there are a few things you need to consider before deciding if you want to go with this option.

What Is a Collaborative Divorce?

Before you can decide if you want to follow this route, it is helpful to learn a little about what a collaborative divorce is. This type of separation uses concepts from mediation and traditional court divorces. It involves each party getting their own attorney, signing a contract agreeing to work together without involving the court, and then meeting with financial, legal, and child care specialists to negotiate a mutually beneficial agreement.

Does Divorce Type Affect Collaboration?

If this sounds good to you, it is time to figure out whether you qualify for a collaborative divorce in Pennsylvania. In the commonwealth of Pennsylvania, divorces can be divided into three basic categories:

  • Mutual consent divorces where both people agree to the split
  • At-fault divorces where one party is in the wrong
  • Separation divorces where the couple has been separated for at least two years

Legally speaking, a divorce based on mutual consent or spouses living separately can be done collaboratively. By definition, an at-fault divorce requires a hearing before a judge to prove that one spouse is at fault. Therefore, you cannot get a collaborative divorce if you want to pursue this route.

Does Your Spouse Have to Agree to Collaboration?

Like the name implies, this style of divorce only works when both parties are willing to collaborate with each other. You and your spouse both have to agree to work together without involving the court. This means that you might have to put aside old arguments or hurt feelings. For the process to work properly, you both need to be ready to communicate with each other. A collaborative divorce is more likely to work when both parties want to cooperate with each other and focus on providing for their children’s well-being and equitably splitting joint property. Though a collaborative divorce is a great option, it usually will not work if one partner is abusive, does not want a divorce, or wants to make things unpleasant for their ex. If you try a collaborative divorce with someone like this, you may end up having to give up, get new attorneys, and settle the situation in court. 

Do You Prefer a Convenient and Cost-Effective Divorce?

The final step in deciding if a collaborative divorce will work for you is figuring out whether you want to receive the benefits of working with a collaborative divorce lawyer. Statistics show that a typical litigated divorce will cost around $14,000 to complete. The average collaborative divorce will cost closer to $9,000. If your main goal is getting back at your spouse or taking all their money, collaboration is not for you. However, you may decide to work with a collaborative divorce lawyer if you want to:

  • Save time and money on your divorce
  • Avoid a court case where you have to share personal information in public
  • Create an agreement that works for you and your family
  • Find unique solutions instead of having a judge give you a one-size-fits-all ruling
  • Keep a positive and emotionally healthy mindset
  • Avoid petty arguments and accusations

Situated in Jenkintown, Joanne Kleiner & Associates is committed to helping the residents of Montgomery, Bucks, and Philadelphia counties with the divorce process. Our lead attorney has spent over 25 years refining collaborative law and other techniques that help provide a more efficient, stress-free, and budget-friendly divorce. Give us a call at (215) 886-1266 or fill out our online contact form to learn more about how we can help you.