Law Office of Joanne Kleiner

divorce lawyer

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.

Feb 06

How to Use a Mediator to Create a Co-parenting Plan

Tips for Using a Mediator to Create a Co-parenting Plan

About 90% of child custody cases are resolved without a battle in court. However, keep in mind that a judge still needs to approve the settlement agreement.

Should You Use a Mediator?

In most situations, it’s a good idea for divorcing spouses to use a mediator. The exception is if your spouse is abusive. Informing the court of the abuse is important to help protect yourself and your child. If you want to try mediation, you do have the option of being in separate rooms during it to help you feel safe and more at ease with expressing yourself.

As long as both you and your spouse are willing to participate in the mediation process, it’s less expensive than battling it out in court. When a mediation fails, you will have to go to court. Thus, it’s best if your spouse is willing to do their part in a peaceful mediation. You can look over these tips together to make sure that both of you negotiate in a respectful and fair manner.

Set aside any hard feelings for the sake of saving money and walking away from the divorce in the best situation possible. When couples get too caught up in revenge during the divorce process, they often find themselves in a worse financial situation after the divorce.

Avoid Saying “Never” or “Always”

Ultimatums automatically put the other person on the defensive, so you should avoid using them in communication. Rather than saying “you never do this” or “you always do this,” phrase it as “I feel upset when you do this.” It’s also better to avoid starting sentences with “you” because it tends to make the other feel defensive, which is why the example begins with “I” instead of “you.”

Compromise Comes with Mediation

Go into mediation understanding there will be give and take. Before the mediation, write down what’s most important to you and what you’re willing to compromise. This will help you keep clarity during the discussion of what truly matters to you. If you butt heads on an issue that’s important to you, listen to the mediator’s suggestions on finding a compromise that both of you can be happy with. This dispute resolution tool is only effective when both participants are willing participants and want to find a win–win deal.

Be Willing to Discuss Finances and Future Relationships

When it comes to negotiating a co-parenting plan, be aware that finances and future relationships may be discussed. You and your spouse want to make sure that your child is in a safe environment if they will be traveling between your residences. If you were to refuse to discuss these issues because of privacy, it will interfere with a successful mediation. Remember that court is an even less private place where people from the public will hear the details of your case.

Keep the Discussion Focused on Co-parenting

Don’t make comments regarding other aspects of the divorce. Stay focused on resolving your co-parenting issues only. You can schedule another mediation if you still have other aspects of your divorce to negotiate.

Ask for a Short Break If You Need One

It’s important that you don’t allow your emotions to get the best of you. It’s okay to politely ask for a short break when you feel your emotions becoming too much for you. Focus on taking slow, deep breaths and think about things that make you happy to help yourself calm down. Remind yourself of the benefits of staying calm, and imagine a positive outcome, then return to the discussion renewed. Be understanding and compassionate if your spouse needs a short break too. Don’t take it personally.

Consult with a Divorce Lawyer Before the Mediation

The settlement agreement that you sign after a mediation is legally binding. It’s a good idea to consult with a divorce lawyer before your mediation because they can advise you on when it’s best to give and take based on what’s important to you. They can also give you an overview of what to expect during mediation. You could even choose a divorce lawyer as your mediator if you and your spouse want to, but both of you should still consult separately with your own attorneys. You don’t want to feel unhappy after the agreement is signed. Consulting with a lawyer helps give you more reassurance that you’ll be satisfied.

Using a mediator to create a co-parenting plan is a great way to come up with an agreement that works with both of your schedules and preferences. Mediators are experienced with the different types of custody schedules that parents can use. They are also skilled at facilitating discussions and calming down a situation that’s about to get out of control. Contact the Law Office of Joanne Kleiner in Montgomery County at 215-886-1266 if you’re interested in learning more about the process.

Feb 02

How Long Do Alimony Payments Last?

How Long Can You Receive Alimony Payments?

Each year, roughly 450,000 people receive alimony payments. This money can be a way of compensating newly divorced spouses for the unpaid labor they performed during their marriage, but it usually is not meant to last forever. If you are receiving alimony payments, understanding how long they will last can help you make smart financial choices.

There’s No Set Rule for Alimony Length

Unlike child support, there are no legal requirements for how much alimony a person gets or how long alimony lasts. If a couple comes to their own decision regarding alimony length, the court rarely interferes with a divorce lawyer drafting an agreement. However, if two people cannot reach a fair decision on their own, the court may get involved. Typically, judges determine the length of alimony based on factors such as:

  • How old both parties are
  • The length of the marriage
  • Each spouses’ realistic earning potential
  • How many savings each spouse has
  • Whether the spouse has custody
  • What each spouse’s marital expectations were
  • Whether the marriage ended due to infidelity

Though there’s no strict rule, most alimony payments tend to last for somewhere between 15 percent to 40 percent of the length of the marriage. The average alimony payments end within 5 to 10 years of the marriage ending.

Alimony Often Ends Once a Spouse Can Support Themselves

In most cases, alimony is meant to support a spouse who gave up their career to assist their partner with things like childcare and home care. Therefore, alimony is supposed to bridge the gap between a person leaving their spouse and rebuilding their career. Often, the alimony is set to end once a person has had a reasonable amount of time to become self-sufficient.

There can be various ways of determining this. The most common guideline is that alimony ends after remarriage. Pennsylvania law also acknowledges that alimony usually should end if the recipient is cohabitating with another party in a marriage-like arrangement. In some cases, a couple may agree for alimony to end after a person graduates from school, or any minor children leave the home. One party can always ask for alimony to end after a situation changes. Therefore, if one spouse gets a high-paying job, their ex may be able to petition the court to end alimony payments ahead of schedule.

Permanent Alimony Is Rare

It is extremely rare for a court to order indefinite alimony with no specific end date. This usually only happens after the end of long marriages in which one spouse has no savings or work experience. The most common example of this happens when two people get married at a very young age, have children immediately, decide to have one parent stay at home and do not divorce until they are seniors. Since a senior with absolutely no job history is unlikely to get a job that pays decently, they could need alimony for the rest of their life.

Permanent alimony can also occur if a spouse is incapacitated. If one person has a mental or physical condition that keeps them from caring for themselves, that individual may need alimony to survive. The court is also more likely to order extreme alimony amounts when one spouse has a lot of money and the other has none. So if one spouse is a millionaire and the other spent the 20 years of marriage without working at all, lifelong alimony is a little more likely.

If you are in a situation in which alimony can be helpful, it’s important to consult with a divorce lawyer as soon as possible. An attorney can help you draft an alimony agreement that suits your needs. At the Law Office of Joanne Kleiner, our team will work hard to help you get the alimony you deserve. Learn more about our Jenkintown divorce services by calling (215) 886-1266 or filling out our contact form.

Dec 06

Is it Possible to Involve a Child Psychologist in a Mediation Session?

Can Child Psychologists Be Involved in Mediation?

Divorce is never easy, and it’s even harder when children are involved. However, this difficult process is made easier when you understand what’s permitted and what isn’t in a mediation. If you’re considering involving a child therapist or psychologist in a mediation, it’s helpful to know exactly what the process will look like and how these types of professionals can work to your advantage.

If you’re feeling unsure about how to approach finding the right mediator, it might help to focus on what the purpose of mediation is. The mediator’s main job is to assist both parties in making critical choices about their custodial situation with their children moving forward.

Mental health professionals are particularly well-suited to identify the needs of both parents and children. They will help bridge any communication breakdowns and get everyone to work together towards a common goal.

Benefits of Involving a Mental Health Professional

There are numerous benefits to going the mediation route as opposed to other divorce options, and when a mental health professional is involved, you’re ensuring that you get the most out of it. It’s a great way of ensuring your children are taken care of. In cases of domestic violence and child abuse, it’s best to have someone who is professionally trained in those types of issues.

Mediation is a great choice when parents don’t want to lay blame on one another and those who aren’t seeking revenge. If you simply want to move on with life and do what’s best for everyone involved, mediation is probably right for you.

Someone Who Is Unbiased

Working with a psychologist provides you with a neutral party. Everyone is put in a safe environment so they’ll be more open for discussion. It’s practically a given that some level of disagreement will occur, but it’s how these disagreements are approached and handled that makes the biggest difference. A mental health professional with firsthand experience and knowledge of the people involved truly helps to smooth things over.

Therapists are great at focusing and directing the conversation between you and your divorce lawyer, helping everyone to get through strong feelings. Both parents are almost definitely going to be in highly vulnerable states, to say nothing of the children, so having a professional who is experienced in handling these types of situations is a huge asset.

Professional Discussion

Sometimes, depending on the situation, when a psychologist or therapist deems it to be in your best interest, they will obtain your consent to discuss you and your children with other professionals. But it’s important to remember that a psychologist can only take this action with your written consent, so you don’t have to worry about your private information being shared against your wishes.

Divide and Conquer

With heightened emotions, it might be in the best interests of both parties to meet with the mediator separately. A psychologist will know when this is the best course of action to take, and they’ll carry it out in such a way that ensures no one feels singled out.

Simply removing one party from the discussion may help children be more comfortable, allowing certain critical information to come out. Once the mediator is working with a complete picture of the situation, the issue can be brought to resolution as efficiently and painlessly as possible.

Not a Substitute for Therapy

Parents should remember that going through mediation is not the same thing as receiving psychotherapy. This is still the case when your mediator is licensed in psychotherapy. There are significant benefits to having a child psychotherapist involved in the mediation process when there are complex issues related to the custody of your children, but it’s important to distinguish it from an actual therapy session.

Call 215-886-1266 for a divorce lawyer you can count on. When you need help with your family law matter, the Law Office of Joanne Kleiner is here to help. Visit us online and chat with a real person at no obligation to receive immediate advice and find out if involving a child psychologist in your mediation is the right move for you.

Nov 05

How a Legal Separation Might Save a Marriage From Ending in Divorce

Why You Should Try Legal Separation Before Divorce

No matter how or why it happens, divorce is always a painful process for everybody involved. Legal separation is often seen as one step closer down the road towards an inevitable divorce. However, there are many cases in which this not necessarily the outcome.

Legal Separations Help You Decide If Divorce Is What You Really Want

A temporary separation may be the perfect remedy for certain marriage problems. The time apart allows both parties to rekindle their feelings for one another and reconnect with why they fell in love in the first place.

Sometimes, being legally separated is a viable alternative to a full-blown divorce that gives couples a chance to test the waters. Divorces are complex, emotionally taxing, and usually quite costly. They almost always require the services of a divorce lawyer to ensure that all assets are split up fairly.

Opting for a legal separation before taking this big step may result in a change of heart that prevents a bitter and emotional legal battle, so it’s something worth trying for any couple that wants to give their relationship every opportunity to work out.

A Journey of Self-Discovery

It’s also a valuable time for self-discovery since married couples have often been together for so long that they’ve lost the sense of who they truly are inside. If a legal separation results in this kind of positive journey, it may lead the couple back together.

On the other hand, it’s not always the case that a personal journey ends with a person back in the arms of their spouse. Sometimes, the journey of personal fulfillment leads one or both parties to the discovery that they’re perfectly happy with the split.

In those cases, it’s easier to move ahead with the divorce proceedings without having to live in wonder of whether the marriage could’ve worked if you’d given it another chance. Legal separation is that chance to ask yourself if you’re sure that ending this relationship is what you really want.

Time to Heal

The old adage “Time heals all wounds” is obviously not always true. But it is the case in many legal separations that, with enough time, both parties can bounce back from whatever issues that caused the conflict in the first place.

It may take a significant amount of time for a full recovery from emotional pains caused by significant events in a relationship. No matter how long the legal separation lasts, it’s still a much easier process than going through a divorce and then later getting back together. For some couples, it’s a surprise to both parties when the relationship suddenly springs back to life after an extended time apart.

Distance Makes the Heart Grow Fonder

Legal separation doesn’t always mean being physically separated as well, but in some cases, having both may help. A bit of distance can do a lot to put things in perspective for a couple that has been together for a long time.

With physical separation in addition to the legal element, both parties are given enough space to feel like their own person again. And one of the most important things about having space between you and your partner is that you’re given the opportunity to miss them.

This sense of longing is often what helps couples remember how much they care for each other. Of course, it can also help a person realize that they truly are happier with the relationship ended, which is just as valuable a realization to have.

If you’re considering a legal separation, whether it’s an effort to save your marriage or one step closer to divorce, the Law Office of Joanne Kleiner is here for you. Through her broad range of legal experience, Joanne E. Kleiner provides reliable and knowledgeable service to her Pennsylvania clients.

Call 215-886-1266 today for help with the difficult decision of legal separation. If it is not right for you, you will still have an experienced divorce lawyer to walk you through every step of the way. We’ll explain the law in a comprehensible way and give you all the information and guidance you need to make the right decision for you and your family’s future.