Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Division of property

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.

Jan 07

How Long Does a No-Contest Divorce Take to Complete in Pennsylvania?

What Is the Timeline for a No-Contest Divorce in Pennsylvania?

Since 2019, divorce rates have been on the rise. According to Business Insider, the physical, mental and emotional stresses of a nearly two-year-long COVID-19 pandemic are wearing on people, with those 27% of marriages in people age 20 to 24 ending in divorce in 2020. When two people want to end their marriage quickly and without a long court battle, a no-contest divorce may offer an ideal timeline for both parties.

Choosing a No-Contest Divorce

A no-contest divorce is different from a no-fault divorce. In a no-fault divorce, you and your ex-partner agree that you’re incompatible for marriage and neither party is to blame. A no-contest divorce means that you and your ex-spouse agree on the grounds for the divorce. Both a fault and a no-fault divorce can be uncontested in Pennsylvania.

Filing a Summons

The first step in a no-contest divorce is filing a summons. The summons is filed in court and to your spouse. The partner who receives the summons is called the defendant. The defendant has 20 days to respond to the summons. As soon as they accept and sign the affidavit, your divorce lawyer may immediately file divorce papers with the court. If the defendant doesn’t respond within 20 days, you as the plaintiff can have your attorney file for divorce in court.

Using a Notary Public

If the defendant doesn’t plan to contest the divorce, they can sign the affidavit in front of a notary public. You can sign the papers at the same time, then your attorney can file them with the court. This may be faster than using a summons if you and your ex-partner agree to a no-contest divorce.

Pennsylvania Waiting Period

Pennsylvania law requires a 90-day waiting period in lieu of the one-year waiting period. To do this, both parties must agree on all issues before the filing and before the papers are handed to a judge. You and your ex-spouse agree to not contest any issues, including child custody, spousal or child support or the division of property.

Filing for Divorce in County Court

The next step in a no-contest divorce is filing papers with the county clerk where the plaintiff resides. Once papers are filed with the court, the timeline is out of your hands, your ex-spouse’s hands and your attorney’s hands. Some counties have busier family courts than others. In general, it may take a family court judge six weeks to six months to read, approve of and sign the papers after the completion of the 90-day waiting period. Your attorney may have an idea of the court’s current caseload at the time of your filing, and they may be able to give you a more accurate estimate of how long it might take the judge to sign your paperwork.

Court Appearance

You will receive a letter with a court date regarding your no-contest divorce. You must appear in person to sign the documents in front of the judge. It’s a good idea to have your divorce lawyer present at this court proceeding to review the paperwork and make sure everything is in order. This court appearance is typically brief, although you may have to wait for other cases to be processed during the court’s operational hours.

Remarriage

Although remarriage might be the last thing on your mind after a divorce, you may want to know if there’s a waiting period for it in Pennsylvania. In Pennsylvania, there is no waiting requirement for remarriage after a divorce.

Anyone considering a no-contest divorce in Pennsylvania should speak with a divorce lawyer for additional information about the process and to determine whether or not it’s the best course of action. Knowledge of the typical timeline for this process will help you plan for your personal and financial future. To schedule a consultation with the Law Office of Joanne Kleiner, call 215-886-1266, or fill out our online form to be put in touch with our Jenkintown divorce attorney.

Nov 21, 2017

PA Divorce Tips: Should I Charge Rent to a Former Spouse?

Divorce Tips Lawyer | Jenkintown Divorce Lawyer

Trying to move out quickly and determine the best path forward for your family after deciding to get divorced is never easy. But what happens if a spouse whom you intend to divorce wants to stay in the family home at least for a certain period of time? The other party may be curious about whether or not they can charge rent to such a person and there are unique considerations that should all be evaluated by a divorce attorney in Pennsylvania if you have questions about this.

In certain situations, you may be eligible to charge rent to a person who intends to stay in the family home. The spouse that had to leave the home as the divorce proceeds may find themselves paying for the house even though they don’t live there anymore. This is why Pennsylvania courts have generally given credit for the fair rental value of marital property to the spouse that had to move against the spouse in possession during equitable distribution if the property is held jointly. The spouse in marital home must pay rent for the time he or she lives there exclusively.

Rental credits could be awarded is limited to the amount that the dispossessed person had a financial or personal interest in that same property. In one recent case, a wife that used premarital fund had to refinance her marital property to undermine the husband’s interest. A factor that determines credit applied to someone is the period of time that a spouse was out of the home and the time that the other spouse lived exclusively on the property.

Another critical factor of this determination is whether or not the party could rightfully be in the home. In some cases, one spouse has been banned from the home due to a court order and that person cannot receive credit for rent. This is based on circumstances and one that should be presented to your Pennsylvania divorce attorney early on in your case to learn more about how to protect yourself.

With many complex issues involved in the dissolution of the marriage, the particularly contentious one of division of property and who maintains the marital home can lead to further legal battles if you’re not careful. Thankfully hiring an experienced Pennsylvania divorce attorney can help you with the support you will need going forward as you deal with one of the most troubling and difficult times of your life.

A Jenkintown divorce attorney is an important asset to keep at your side for the duration of such a legal case because he or she can help you navigate obstacles and learn more about how to protect yourself and avoid common missteps. You need someone you can trust with such a confidential and emotional issue when determining to get a Pennsylvania divorce in Jenkintown or elsewhere in PA. Do not hesitate to hire a lawyer who is knowledgeable about the technical aspects of the law and one who makes you feel confident in the handling of your claim.

The most common reasons to consider this situation are that the other spouse has not had an opportunity to find housing yet and because you might want to make things seemingly more stable for the children rather than establishing separate households yet. While these are worthwhile issues to evaluate, make sure you see all aspects of keeping the spouse in the same house.

Another time when a rent situation may emerge is if the spouses own the house together and one moves out, but the other remains. Who pays the mortgage and picks up the bills can generate uncomfortable conversations if you don’t have a plan in mind.

CONTACT US

At the Law Office of Joanne E. Kleiner, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.