Law Office of Joanne Kleiner

contested divorce

May 04

How Do Traditional Court Divorces Differ From Collaborative Divorce?

How Do Collaborative and Traditional Divorce Differ?

It’s never an easy decision to seek a divorce. However, there are different options available for couples who find that they can no longer salvage their marriages. Traditional court divorce and collaborative divorce are among them, but it’s helpful to know the differences between them.

What Is Traditional Divorce?

With a traditional divorce, one spouse files for divorce against the other while the other spouse may not want the divorce at all. This often leads to court proceedings. When there is a lot of animosity between the parties, it can lead to an emotional, long, drawn-out situation that’s uncomfortable. This is especially the case if the marriage involves children.

After one spouse files for divorce, the other is served the papers and is required to answer. The reason for the divorce that is usually specified by the plaintiff in a no-fault divorce is that the marriage has irretrievably broken down, although there are a number of “fault” grounds such as adultery if that is the path that is taken.

A traditional divorce involves disputes over many different matters within the marriage. It’s common for couples to disagree on issues like property division, spousal support or alimony, child custody and child support.

In traditional divorce proceedings, each spouse will likely want to have a divorce lawyer to represent them. The attorneys work hard to help the parties through the most important matters they cannot agree on. A judge makes the final decision on how property is distributed through the state’s equitable distribution laws. This means that all marital property and assets are divided fairly but not necessarily equally.

What Is Collaborative Divorce?

Collaborative divorce is an alternative option for ending your marriage. If the couple has an amicable split, collaborative divorce can work as it allows them to work together with their respective family law attorneys to decide on all the pressing issues within the marriage. While working together, you can ultimately come to a settlement that works for you and your spouse.

Negotiation is the key to a collaborative divorce proceeding. The spouses and their respective lawyers have periodic meetings until they are able to reach an agreement and a settlement. However, with collaborative divorce, if you aren’t able to settle all matters and you proceed to litigation, your attorneys are required to withdraw from the case, you each will have to hire a new divorce lawyer, and your case ends up going to court.

How Do These Two Options Differ?

Traditional court divorces and collaborative divorce are considerably different. Collaborative divorce can only occur when a married couple is open to working together to settle things. It’s a better option for getting a divorce faster and is better as a whole for your family. It’s called “collaborative” because of the way that both parties work together.

Collaborative divorce is often confused with divorce mediation. While both give couples the option of working together to settle their divorce, collaborative divorce does not involve a neutral third party to help the parties reach an agreement. Legal advice comes from the attorneys, which is something this method shares in common with traditional divorce. Other professionals might also be brought in to assist in helping the parties reach an agreement on specific matters. These professionals have expertise in areas of concern within the marriage such as a financial advisor or child psychologist.

With a traditional divorce, it’s common for the spouses to argue and have heated battles on issues. Collaborative divorce allows for the free exchange of information while agreeing to work together to settle things. It is also generally a less-costly process than a traditional court divorce.

Is Collaborative Divorce Right for You?

Collaborative divorce might be right for you if you and your spouse are willing to work together to negotiate all the terms of the end of your marriage. If you want a process that’s faster, private and confidential and that protects your children, you can benefit from this alternative method. Collaborative divorce allows you and your spouse to both take control over the eventual outcome and settlement.

If you live in or near Jenkintown, Pennsylvania, and are interested in learning more about the collaborative divorce process, give the Law Office of Joanne Kleiner a call at (215) 886-1266. You can also contact us online, and we’re happy to set up an appointment for you.

Jul 21

A la carte or “unbundled” legal services for divorce

Navigating Your Divorce With À La Carte Legal Services

About 40% of all divorce cases involve at least one pro se litigant, which means that they represent themselves. But almost half of them—a number that is still trending up—do have some legal assistance through a concept known as limited-scope representation.

What Is Limited-Scope Representation?

Limited-scope representation—often abbreviated LSR—is referred to by a number of different terms, including legal coaching, unbundled divorce services, and à la carte divorce services. Most people are familiar with the concept of à la carte as it pertains to restaurants. It means, for instance, that you can order your steak as a separate item as opposed to the steak platter, which also includes fries and vegetables. LSR is similar in concept but applies to a divorce lawyer and the legal services that they offer. You can think of those legal services as a menu from which you can select individual items, such as:

  • Providing legal advice
  • Filing documents with the court
  • Preparing and organizing legal documents
  • Representing you or appearing for you in court

Is Limited-Scope Representation Appropriate for All Divorces?

No. A contested divorce is a situation where you generally want your divorce lawyer to oversee the entire process. Even an amicable divorce may not be a good fit for LSR if the proceedings are time-sensitive. Self-representation, even if only to a degree, usually will require an education on your part, and if you lack the time for that learning, then the case is best left to a professional.

How Does Selecting Legal Services À La Carte Unfold?

It usually begins with a confidential initial consultation, which is usually provided at no charge. During this meeting, you will explain the case in detail to the best of your knowledge to the attorney. The lawyer will then assess the case and make recommendations concerning which legal services they believe that you need and which tasks you can handle on your own. You will also have an opportunity to ask questions, but a lawyer will generally require you to agree to pay for at least legal coaching prior to the discussion extending too far into that domain.

Limited-Scope Representation vs. Full Representation

Full representation involves a lawyer overseeing every aspect of your divorce from the moment you hire them—usually prior to proceedings beginning—and through the conclusion. While this approach is the most expensive, that cost is well worth it when the case is complex or time-sensitive and when there is a great deal of money on the line. With LSR, you have greater control. You pay for only what you need, and your lawyer can place great emphasis on the most critical aspects of your case.

Limited-Scope Representation vs. Self-Representation

Self-representation means that you are representing yourself, and many couples involved in amicable divorces choose to represent themselves in order to minimize costs. Some divorces that do not involve children or significant assets are simple enough that self-representation makes sense. However, in most cases, the judge will recommend LSR to both parties. Divorce agreements often have hidden complications that a layman simply cannot see but that a divorce attorney certainly will. Also, self-representation often involves more energy and time than people expected, and the cost of some legal guidance along with document preparation is often well worth it in the end.

Navigate Your Divorce With Greater Control

Are you about to enter a divorce process or already have? Do you need legal representation but want to maintain control over your case and are aiming to avoid the big costs associated with divorce attorney fees? The Law Office of Joanne Kleiner would like to help.

Joanne Kleiner has more than 25 years of experience as a divorce lawyer in Pennsylvania, and her office is located in Jenkintown. Confidential initial consultations are provided at no charge and without obligation. We can accommodate an in-office consultation or host it over the phone or via video conference, and you can schedule your appointment today by calling 215-886-1266 or by contacting us online.

May 18

What is a Certified Divorce Financial Analyst?

A Certified Divorce Financial Analyst, or CDFA, is a financial professional who can help with all the financial details pertaining to your divorce. This person typically works alongside a divorce lawyer and has a background in finance or accounting. CDFAs undergo special training to become certified, so they can offer essential advice on all financial areas of a divorce.

Why You Should Hire a Financial Planner for Your Divorce

Going through a divorce is difficult enough. However, there are always many aspects to consider during this time. Finances rank as one of the top reasons why married couples end up ending their marriage in the first place.

Women, in particular, are often concerned about the financial aspects of a divorce. If you are going through a contested divorce, things can get sticky when you want your fair share. A certified financial planner can be a valuable tool to have on your side. There are a few benefits to hiring this professional to help you through the process.

A Financial Analyst Can Save You Time

On average, a divorce in the United States takes around one year to finalize. A CDFA can help explain all the pertinent financial aspects of your divorce. This can save you precious time when you know what to expect concerning separation, spousal support and child support if your marriage produced children. You will have the advantage of being able to make better decisions about finances throughout the divorce process.

A CDFA Can Save You Money

In addition to helping their clients understand more about their basic expenses, financial professionals can also save you money. By giving you a better understanding of all the consequences of your financial choices, you will be more knowledgeable about how to make better decisions about your finances.

A Finance Professional Can Help You Avoid Long-Term Financial Problems

Working with a financial planner during your divorce can help you avoid certain long-term financial problems once you are single. CDFAs can inform you about the long-term effects they foresees in your divorce settlement. They will provide you with details about benefits and tax liabilities alike. This can help you avoid pitfalls that you might otherwise be susceptible to if you did not have a financial professional on your side. The issues a financial analyst can coach you about include events in the immediate future as well as those well into the future, such as your retirement.

An Analyst Can Help You Devise a Budget

Your financial professional can help you create a budget for your monthly spending, which can help you stay in check after your divorce has been finalized. This type of advice is practical and can keep you better balanced in terms of your money and expenses. Items such as rent, health insurance, life insurance and other basic living expenses are taken into account.

A CDFA Can Reduce Problems During the Divorce

A financial professional can also reduce certain problems that can arise during divorce proceedings. It is quite normal for confusion, misunderstandings and nervousness to occur during this stage of your life. Many people who legally end their marriage have a false sense that they will be able to obtain divorce settlements that will allow them to continue enjoying the type of daily lives they led while married. Their former spouses may have a different attitude about this, and as a result, issues can arise. Your financial professional can help ease your mind and allow you to retain stability with your finances while preventing financial mistakes from happening during the proceedings.

While a divorce lawyer is definitely an essential asset to have, you will want a financial professional on hand as well. The former is skilled in the area of the law may not know everything that a CDFA does. Having the two professionals working together on your divorce case can ensure that the proceedings go more smoothly so that you can have a positive outcome.

If you live in Pennsylvania and are going through a divorce, contact the Law Office of Joanne Kleiner for a consultation. Our office is located in Jenkintown and can be reached at (215) 886-1266.

Jul 11

What You Should Expect From a Collaborative Divorce

What the Collaborative Divorce Process Involves

While divorces can be messy and time-consuming, it’s possible to avoid some of the frustrations that come with divorce by obtaining a collaborative one. In 2017, there were more than 787,000 divorces, which equates to a rate of 2.9 for every 1,000 people. If you’re seeking a divorce and you would like to explore the collaborative process, our divorce lawyer can help you understand more about this method and what it entails.

What Is a Collaborative Divorce?

This is a type of divorce that’s designed to eliminate the need to go to court by negotiating many of the issues that the divorcing couple has. This process can involve a series of negotiations in order to come to an agreement that both spouses agree on. Certain courts require the divorcing parties to attempt a collaborative divorce before going through with the litigation phase of the divorce, which occurs in court before a judge.

If the issues that you are having with your spouse are somewhat minimal in nature, this type of divorce may be possible for you and will allow you to avoid the lengthy process that comes with a court divorce. Everything from child custody and child support to property division can be negotiated during collaborative divorce proceedings.

What Are the Advantages of a Collaborative Divorce?

The benefits of obtaining a collaborative divorce as opposed to a contested divorce are numerous, the primary of which is that you will be able to save both time and money. When a divorce goes to court, there’s no way to be certain about when the divorce is going to be finalized. A collaborative divorce is much more straightforward with a timetable that’s dependent mainly on how fast you and your spouse are able to come to an agreement.

These proceedings also take place in an informal setting, which should be able to keep tempers from flaring while discussions are ongoing. It’s also important to understand that a collaborative divorce is one where you and your spouse have a substantial amount of control over the results of the divorce. When a divorce goes to court, the judge will have almost complete say over how your property is divided and what kind of spousal support is allotted. By making an agreement during a collaborative divorce, you may be able to avoid an unfavorable result for either party.

Collaborative Law Divorce Process

The collaborative divorce process begins with the hiring of attorneys who are familiar with this area of the law. Each party will hire their own attorney who understands how to progress through the mediation process. In many cases, the spouses will then speak with their attorneys privately to let them know exactly what they want from the mediation. While it’s possible that compromises may eventually need to be made, having a list of “demands” at the beginning will provide the attorney with a good starting point for the negotiations. To avoid prolonging the negotiation process, many spouses choose to provide their attorneys with lower limits that they are willing to accept. For instance, a spouse can demand weekly child support of $250 but set a lower limit that they are willing to go to of $150.

Both spouses will then meet along with their attorneys, which is a four-way meeting that will occur on a regular basis as negotiations continue. In the event that an agreement is proving to be difficult in some matters, it’s possible that a licensed mediator can be brought in to handle the negotiations. Once an agreement has been reached on all the particulars of a divorce, both spouses and their attorneys will be required to sign an agreement to avoid contesting their settlement in court, which denotes that the attorneys will remove themselves from the case if it continues to litigation despite the agreement. At this time, divorce papers can be filed, which can make for a very straightforward and seamless procedure.

If you’re thinking about starting the divorce process, call our divorce lawyer in Jenkintown today at (215) 886-1266 to schedule your first consultation and to learn more about the services we offer.