Law Office of Joanne Kleiner

Amicable Divorce Attorney

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Sep 09, 2023

What to look for in a divorce mediator

How to Choose a Divorce Mediator

If you and your spouse have chosen to use the mediation process for your divorce, you will want to take time to research and choose a mediator. Because all mediators are different, you should be ready to ask questions and review their backgrounds to decide if you are both on the same page when it comes to divorce goals.

Research the Mediator’s Background

Choosing a mediator for your divorce might be one of the most important decisions that you and your spouse make as the mediator will be guiding you through the process, providing legal information, and encouraging you and your spouse to reach agreements on the various issues. During mediation, you and your spouse can each also work with your own divorce lawyer as part of your divorce team. Part of the preparation in choosing a divorce mediator should be research into their background. There are several things to look for, including:

  • How much they focus on divorce mediation in their practice
  • Their professional preparation, including certifications and ongoing studies
  • Their former clients’ perceptions of their work
  • Their involvement in professional organizations related to mediation

Get to Know Your Mediator

You can schedule a consultation to meet the mediator. During this meeting, you and your spouse should ask questions that will allow you to judge how they might fit with your divorce goals. This initial consultation is a good way to decide if you are both comfortable with the mediator and if you feel that you will be able to trust their guidance and advice. You can evaluate how empathetic the mediator is and whether you believe that they will be truly neutral during the process.

During this consultation, you can also talk about the mediator’s background since they will be offering you advice during the process. Finally, as part of the consultation, you should also discuss the services offered by the mediator and the costs involved.

Understanding the Mediator’s Role in Your Divorce

As part of your initial meeting with the mediator, you should discuss the process of mediation and the role of the mediator. Understanding this is important so that you and your spouse can successfully reach a divorce agreement on the issues, even if you each also retain a divorce lawyer during the process. Some of the other important aspects of mediation that you might want to ask about include:

  • The length of mediation, which can take several sessions
  • The impartial role of the mediator, who will not take sides during the negotiations and instead will guide you both to communicate and negotiate
  • The preparation each spouse must do before the mediation starts, such as outlining their case and goals and gathering important documents

Mediation might help you reach an agreement on all your divorce issues. However, there are times when that is not possible. In those cases, you might draft an agreement that outlines only the issues that were resolved and then choose how to proceed with the remaining issues, either by settling them later or by going to court.

How Much Does Mediation Cost?

The costs of mediation can vary and will depend on the way that each mediator chooses to charge for their services. If a mediator charges by the hour, then the total cost will depend on how many sessions you and your spouse need to solve your issues and how long those sessions are.

Other mediators might charge a flat fee for all their services so that you can have more control over the costs from the beginning of the process. Either way, mediation is often a more economical way to resolve your divorce issues than a court battle, particularly as you usually spend less time reaching agreements on the issues.

If you are ready to resolve your divorce issues in a less contentious way, you can schedule an appointment with the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania. We have over 35 years of experience helping our clients reach divorce agreements that allow them to move forward with their lives. You can call 215-886-1266 to set up a meeting.

Jul 09, 2023

Divorcing outside of court

How to Divorce Without Going to Court

The average divorce takes 11 months to finalize. If you prefer a more straightforward process with less time in court, you have several options.

Can You Divorce Outside of Court?

Since the media tends to depict divorce as a big argument in court, many people assume that they have to go through a trial. However, the reality is that this type of divorce is often unnecessary. You are actually legally allowed to divorce without court. You and your spouse just draft your own divorce agreement and then file it with a judge. As long as your divorce agreement follows state laws, the judge will then sign off on it, and your divorce is finalized.

In its simplest form, a divorce is just paperwork. You’ll need to fill out documents about things like dividing assets and providing child support. A DIY divorce is technically possible, but most people prefer to work with a divorce lawyer even if they’re divorcing outside of court. All the legal details can be complicated, so a lawyer will help you be sure that all of the paperwork is properly filled out and submitted to the correct departments.

Explore Your Options for Divorcing Outside of Court

As long as you have a supportive lawyer, divorcing outside of court is theoretically easy. However, ending any relationship can bring up some surprising emotions, so it’s not always easy to work with your estranged partner. There are a few different methods that you can use to help you get the benefits of divorcing outside of court without causing undue stress.

A collaborative divorce is an option that works well when you and your spouse are on good terms. You informally discuss the divorce, talk about what works for each of you, and then meet with an attorney to process the paperwork. In a collaborative divorce, you work together to dissolve the marriage in a respectful and convenient way.

Mediation is a court-free divorce technique that helps those who struggle to talk to their spouse. In mediation, you and your partner both sit down with a neutral third party. The mediator is usually a lawyer or a person with expertise in both legal and psychological matters. This person guides you through the divorce process while helping to resolve disagreements and make suggestions on how to compromise. They act as a sort of referee and help to keep emotions from sidetracking the divorce process.

Arbitration is a good solution for cases where both parties cannot agree. An arbitrator is a family law expert who functions almost like a private judge. Both parties sign an agreement before beginning the process where they promise to follow the arbitration rules and accept the arbitrator’s decision.

The arbitrator will hear both sides of the argument and then make a recommendation for how the couple’s divorce agreement should proceed. Arbitrators have a little more authority than mediators, so they’re useful when you and your spouse have strongly opposing viewpoints.

Benefits to Divorcing Outside of Court

There are many advantages to divorcing outside of court. Many people find that divorcing outside of court allows them to:

  • Get the divorce finalized faster
  • Save money on court fees
  • Reduce overall stress levels
  • Avoid the risk of a judge making decisions that they disagree with
  • Stay on good terms with their former spouse
  • Keep the details of the divorce private
  • Build a stronger co-parenting relationship with less resentment

At the Law Office of Joanne Kleiner, our team has plenty of experience helping people to divorce outside of court. Our clients can count on us to make the process as simple, fast, and stress-free as possible. To set up a free consultation with a Jenkintown divorce lawyer, call 215-886-1266 or email us today.

Dec 07

The Role Of A Financial Neutral

What Does a Financial Neutral Do in a Divorce?

Debt and disagreements over money and assets are major sources of contention in many divorces in the United States. An estimated 54% of Americans believe that debt is a solid reason to divorce, and 35% of Americans say that finances are the leading cause of stress in their marriages. If your marriage has come to an end, working with a financial neutral in addition to a divorce lawyer could help you set up a more secure and less stressful future.

What Is a Financial Neutral?

A financial neutral is an independent, third-party expert or professional who focuses on the financial aspects of a divorce. They do not represent either of the spouses and thus does not advocate for one party or the other. If there is future litigation, neither party can contract with the financial neutral for future representation. The financial neutral may be retained by the divorce lawyer or by the couple if they both agree to the collaborative process.

What Are the Qualifications of a Financial Neutral?

The qualifications for a financial neutral encompass a wide range of degrees, certifications, and experience. Some of the certifications held by financial neutrals include certified public accountant, business appraiser, certified fraud examiner, certified divorce financial analyst, or certified financial planner. Most financial neutrals participate in many hours of annual continuing education in order to maintain their license to practice accounting and to maintain their certifications. A financial neutral usually holds a bachelor’s or master’s degree in business, finance, accounting, or a related field of expertise.

Which Services Can a Financial Neutral Provide?

During a collaborative divorce, these professionals focus on the financial aspects of the divorce. Their role often begins with information gathering. They may gather information from both parties. The financial neutral usually asks for documentation of income, debt, retirement savings, taxes, bank accounts, investments, and other assets and liabilities. They do not duplicate the efforts of the divorce attorney. The financial neutral provides copies of information to both parties as requested by the attorneys. After reviewing what both parties provide, the financial neutral may identify missing documents and overlooked debts or assets and request them before the divorce process can proceed.

How Does a Financial Neutral Participate in a Collaborative Divorce Process?

A financial neutral meets with spouses on an individual basis as well as during joint sessions. The spouses’ respective family law attorneys are usually present during joint meetings in order to represent the best interests of their clients. If one spouse plans to request spousal or child support, the financial neutral participates by creating budgets for one or both parties. They may also perform cash flow analyses for each spouse in consideration of what their post-divorce financial futures will look like.

Who Would Benefit From Working With a Financial Neutral?

Any divorcing couple in disagreement over the distribution of assets would benefit from working with a financial neutral. Divorcing spouses who do not have any major areas of contention may also benefit from working with the financial neutral in order to have a more clear picture of their finances after the divorce. A spouse who earns significantly less than the other may wish to work with a financial neutral in order to make a support request that is likely to be agreed to out of court.

If you’re facing a complicated financial future, a consultation with our divorce lawyer gives you insight into structuring a fair settlement and helps you understand more about your financial future. To learn more information about the impact of a divorce on your finances and the role of a financial neutral in the divorce process, arrange a consultation with the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania. Contact our office by phone at (215) 886-1266, or fill out and submit our online form to make an appointment.

Sep 05

Should You Try a Divorce À La Carte?

Everything You Need to Know About Unbundled Divorce Services

Did you know that the average divorce can cost many thousands of dollars or more? However, you don’t need to let concerns about this keep you from divorcing a problematic partner. A trend called divorce à la carte, or unbundled divorce services, can save you money.

What Is Divorce À La Carte?

This type of divorce gets its name from restaurants’ à la carte pricing scheme. In à la carte pricing systems, customers pay per item instead of paying a flat fee for an entire meal. When it comes to divorce, the concept is much the same. Typically, people who get a divorce agree to a flat fee or an hourly rate that covers all attorney services. They agree to pay a set sum and then the lawyer handles every part of their divorce.

In an à la carte divorce, the client pays only for specific services. This type of legal arrangement is technically referred to as unbundled legal services. Your lawyer will give you a list of different services to pick from, and you pay them only for those activities. Anything the lawyer doesn’t handle will be left up to you and your ex-partner. Depending on your needs, you might want to pay for one or more of these services:

  • Drafting legal documents
  • Reviewing legal agreements and explaining them
  • Negotiating with the other side
  • Collecting evidence on your behalf
  • Representing you in court
  • Filing documents with the court

Benefits of Using Unbundled Divorce Services

The main benefit of this divorce method is that it’s very affordable. Since you have to pay only for the things you need help with, you save a lot of money. Especially if your divorce is simple and non-contentious, you can easily handle things like asset division yourself. You just pay a relatively small amount for paperwork instead of spending thousands of dollars on services you don’t really use. If you’re looking for a less-expensive divorce, unbundled legal representation is definitely the way to go.

Many people also like that this method puts them in charge. You don’t have to sit back and wait to hear from your lawyer all the time. Instead, you set up your own timeline and decide what needs to be done. The divorce lawyer is there to provide support as needed, but you remain in control.

In some cases, a divorce à la carte is also faster. When a couple starts disagreeing and getting into lengthy legal fights, the process can drag on for months. However, if you and your estranged spouse can work together, an unbundled divorce can be quite fast. You don’t need to wait on your respective divorce lawyers to have a free schedule, and you don’t spend a lot of time in formal negotiations. In many cases, people are able to quickly sort out the details, spend an hour or two getting basic help from a lawyer, and then have things promptly filed with the court.

How Much Do You Have to Do Yourself?

Keep in mind that these cost savings do come with some extra responsibilities for you. This type of divorce is often called a DIY divorce because you and your spouse will handle a lot of the details yourself. The more you manage yourself, the less you have to pay your lawyer. Depending on your situation, you might want to handle one or more of these following tasks:

  • Discussing fair ways to divide assets
  • Submitting prepared paperwork to the court
  • Collecting documentation on all debts and assets
  • Drafting preliminary child custody agreements
  • Communicating with your ex and their lawyer
  • Filling out basic paperwork

If you’re considering this type of divorce, the Law Office of Joanne Kleiner can help. We offer a variety of flexible pricing options, so you can find the services and fees that fit your situation. To learn how much a divorce à la carte would cost at our Jenkintown law office, schedule a consultation today. Call 215-886-1266 or fill out our contact form to learn more about our pricing options.

Aug 09

The Benefits of Parallel Parenting After a Divorce

Reasons to Consider Parallel Parenting After Your Divorce

Although the divorce rate in the United States has been dropping for about 20 years, nearly 39% of first marriages end in a divorce. Many of these marriages include young children, and conflict around parenting and child custody is one of the primary areas of contention discussed with a divorce lawyer. One way that divorcing couples can reduce stress and conflict and minimize time in the courtroom is to create a plan for parallel parenting of their children.

What Is Parallel Parenting?

Parallel parenting is a method of raising children in which the divorced parents minimize interactions with each other. Instead of arguing with each other, they focus their time and energy on their children. This is an effective parenting method when you and your ex-spouse have difficulty being civil with each other.

How Does Parallel Parenting Differ From Co-Parenting?

In a co-parenting situation, parents regularly communicate with each other, present a united front, and have similar rules at each residence. It involves a lot of cooperation and communication. Parallel parenting divides parenting responsibilities and minimizes interactions between the adults. By dividing responsibilities and following the plan, the parents may rarely need to interact with each other.

Who Should Consider Parallel Parenting?

Divorced couples who can’t seem to agree on anything should consider developing a parallel parenting plan with a divorce lawyer. Instead of focusing on problems with each other, this plan focuses on the well-being of the children. Minimizing interaction between the divorced parents also reduces stress and the amount of time that is spent in a courtroom.

How Does Parallel Parenting Benefit Divorcing Parents?

A parallel parenting plan allows both parents to remain active in their children’s lives. It minimizes the stress on each other and disruption for the children. A successful parallel parenting plan demonstrates that parents can focus on what’s best for their children instead of their disagreements, dislike, or distrust for each other. The plan creates guidance for common issues that are likely to breed conflict, such as where children will spend the holidays or which parent will deal with behavioral problems at school. A well-thought parallel parenting plan also makes it easier for divorced parents to move on with their lives after a marriage filled with conflict and arguments.

How Do Children Benefit from Parallel Parenting?

When parents establish a parallel parenting plan, children tend to develop fewer behavioral and emotional problems. They’re more likely to do better in school, develop strong friendships, and have positive relationships with each parent. Parallel parenting also helps children build better self-esteem, and they may be able to avoid feeling as if they were the cause of their parents’ marital problems or the reason for the divorce.

What Should I Include in a Parallel Parenting Plan?

A plan for parallel parenting should include as many specifics as possible. Although you can’t possibly anticipate every event or emergency that could occur with your child or ex-spouse, some elements that you should cover include the start and end of each parent’s visiting time, how and where your child will be exchanged, who is responsible for transporting your child, what happens if one parent misses or cancels their scheduled visit and when each parent has exclusive decision-making power. Some other aspects of parenting to add to your plan include who will take your child to medical and dental appointments, how to handle accidents and injuries, scheduling social, school, and religious activities, and dealing with behavioral issues and daily routines.

If you’re considering a divorce and would like to know more about parallel parenting, you may benefit from speaking with a divorce lawyer. Contact the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania, at (215) 886-1266, or enter your information into our contact form, and an associate will reach out to you to schedule a consultation.