Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

divorce lawyer

Oct 05

Why Divorce Mediation May Be a Better Option for You

Why Divorce Mediation Works for All Parties

As of 2022, the median cost of a divorce in the United States is $7,000. Contested divorces with a wide range of disagreements require court settlements that may cost upwards of $20,000. Instead of dealing with the publicity, expense and long duration of a court battle, you may be able to work out areas of disagreement through divorce mediation. In addition to hiring a divorce lawyer to represent you, working with a divorce mediator helps you protect your long-term financial security and your short-term and long-term well-being.

What Does a Mediator Do?

A mediator acts as a neutral third party in order to manage the discussion and conflict between the estranged spouses. The goal of a mediator is to resolve disputes in a way that satisfies the interest of both partners. When people feel respected and listened to, they’re more likely to compromise and make fair and thoughtful decisions. Mediators would equalize the playing field and power level, even if there were a significant imbalance during the marriage.

How Is a Mediator Different from an Attorney?

A mediator has training and skills in resolving problems and managing conflicts. They help create agreements and use creative problem-solving skills to negotiate terms. A mediator starts by identifying where two parties agree. Then, they progress to determining and isolating the areas of disagreement and resolving them in a step-by-step, logical matter. Finally, the needs of both parties are acknowledged as essential and treated equally between the two parties.

An attorney has to represent their client with vigor. They work in competition with the opposing party in an adversarial environment. Attorneys use legal procedures to resolve points of conflict. Attorneys typically have an assertive problem-solving style, while mediators focus on cooperation.

What Are the Advantages of Choosing Divorce Mediation?

When you choose the process of divorce mediation, the settlement is in your control. When you retain control, you feel more at ease and less stressed. You can focus on settling areas of disagreement instead of negative feelings about your ex-spouse. Because you and your ex-spouse directly work with the mediator to create the settlement, both parties are more likely to uphold it. As a result, mediated divorces are more successful and less likely to end up in court.

A mediator charges less per hour than a divorce lawyer. When you and your estranged spouse have a lot of areas of disagreement, fighting it out in court could get expensive. Working it out with a mediator won’t cost as much, and you’ll be able to start your new life on a better financial foundation. In mediation, you have a cooperative mindset, while litigation creates an aggressive and belligerent attitude.

Working with a mediator keeps your business private. If you don’t want the public to know all of the details of what went wrong in your marriage or who gets what in the settlement process, working with a mediator preserves more of your privacy. Discussions with a mediator are private and confidential.

Working with a mediator reduces their burden if you and your spouse have minor children. They may not experience the anxiety and fear that come with a contested divorce that goes to court. When the two of you aren’t fighting and arguing about everything, you can focus your emotional energy on your child’s well-being and emotional health, as well as yourself. Mediation also shows responsible behavior and models the ability to have calm, productive discussions with a person, even if you don’t like them. Children are less likely to feel like pawns in a divorce when their parents work with a mediator.

If you are thinking about ending your marriage in a less-stressful manner, contact the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania at (215) 886-1266 to schedule a consultation. You may also fill out our contact form, and an office associate will promptly contact you to set up 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.

Jul 09

Choosing Arbitration as an Alternative Conflict Resolution for Divorce

Arbitration Is a Cost-effective, Time-saving Divorce Resolution Method

Settling a divorce in a courtroom can take time and money, and not all couples want to take that route. Arbitration provides an alternative option to avoid going to court while still retaining some of the certainties that a trial can provide.

How Does Arbitration Work?

Arbitration is an alternative way to resolve divorce conflicts. For the process of arbitration, the spouses each work with a divorce lawyer, and they also hire a third-party arbitrator to make the final decisions regarding the case. Each party presents their arguments, evidence and witnesses, and then the arbitrator, who is often a lawyer or retired judge, makes the final decision. While similar to a trial in court, it differs from it since the parties need to agree on whether the arbitrator will rule on all or just some of the divorce issues, on the scheduling for the case and on the degree of formality of the case.

Benefits of Arbitration

Arbitration provides wide range of benefits that make it attractive to many couples. Some of these benefits include:

  • Faster divorce resolution
  • Less expensive
  • Privacy and discretion
  • Informality of the process
  • Collaboration between the spouses
  • Certainty of a binding judgement

The Cost of a Trial Versus Arbitration

A divorce can cost thousands of dollars. When couples end up going to court to battle to settle their divorce issues, the cost can increase and even become prohibitive. Arbitration can help couples save money since the process itself takes less time from start to finish. Since couples do not need to wait to schedule a court date based on the judge’s calendar and each divorce lawyer needs less time to prepare for the case, arbitration becomes a more cost-effective option. Preparation for arbitration is somewhat less formal than for a court case, so the lawyers, who are often paid hourly, can spend less time preparing to present their client’s case.

Privacy and Discretion Are Important

The court records of divorces resolved by arbitration are public. However, the actual process is completed in private, which means that you can retain general privacy and discretion about your life, unlike a trial, which is open to the public. When you are negotiating how to divide your assets or how much financial support should be paid, discretion is important. Privacy can also be very valuable when the divorcing couple are parents, who want their issues and their children’s information to remain private.

Arbitration Can Be Helpful When There Are Children Involved in the Divorce

During divorce arbitration, parents can also resolve issues related to child custody and support. If both parties can come to an agreement focusing on the best interests of their children, the resolution of the arbitrator will be accepted by the court. However, if the court decides that the children’s best interests were not served by the judgment, then the court reserves the right to revert the arbitration for those issues.

However, when parents use arbitration to resolve their divorce issues, they also need to agree to the arbitration, hire the arbitrator and accept the rules for their arbitration. This can also benefit their children, who can witness their parents collaborating even as they are negotiating the dissolution of their marriage. Collaboration between the parents tells children that their parents are still willing to work together to resolve issues, something that will come in handy as they move forward with parenting after divorce. It also spares them the emotional trauma of a court battle.

Not all divorce cases need to end up in a contentious trial. Choosing an alternative method of conflict resolution such as arbitration can save you time, money and stress. You can learn more by contacting us at the Law Office of Joanne Kleiner at 215-886-1266 or via our website. Our offices are located in Jenkintown, and we will reach out to schedule a consultation.

Jun 08

Can a Divorce Be Settled Through Arbitration Instead of in Court?

When Is Divorce Arbitration the Right Choice?

In the United States, about 2.3 out of every 1,000 adults get divorced each year. The process of going through a divorce can be time-consuming, stressful, and lead to unwanted attention, especially if it goes through the public court system. Working with an arbitrator and a divorce lawyer allows you to handle the matter privately and with less stress and frustration.

What Is Arbitration?

Arbitration is an alternative dispute resolution process that takes place outside of a courtroom. Your divorce lawyer and your soon-to-be ex-spouse’s lawyer jointly select a private judge to serve as the arbitrator. Each lawyer presents evidence on every issue that must be resolved for the divorce to be finalized. This includes spousal support, child custody and support, division of assets and debts, and even who gets the family dog or cat. The arbitrator listens to each side and makes a decision, and all parties agree to abide by the arbitrator’s choice. Less evidence is required for arbitration, and each side’s presentation is straightforward and succinct. Arbitrators charge by the hour, and their fees are typically lower than that of going to court for a contested divorce.

Where Does Arbitration Take Place?

Arbitration takes place in a private meeting room. The proceedings aren’t open to the public, and no announcement is made about your case. In some cases, arbitrators provide a private link for a teleconference meeting. This allows parties in different states to attend the meeting. If you have to travel for work, this option may be convenient for you.

Who Should Consider Arbitration for a Divorce?

Resolving a divorce through arbitration is ideal for people who want to get through the process as quickly as possible. If you don’t want your personal business brought to light in a public forum, this is another good reason to consider arbitration. Many divorces involve potentially embarrassing issues, such as alcoholism, drug use, infidelity, and other issues that you might not want to make public. Your arbitration agreement could include confidentiality of the proceedings. The terms of the divorce can also be kept confidential in arbitration.

If you and your soon-to-be ex-spouse are in agreement on most of the divorce issues, such as who gets to keep the house and who gets the kids on their birthdays, arbitration could be a more cost-effective option.

You might consider arbitration if you want to avoid the hostility that often results from a divorce trial. Perhaps you don’t want to go through more trauma, or you don’t want your kids to hear and see their parents arguing.

Many people seeking a divorce choose arbitration for its flexibility. Scheduling meetings is easier. Meetings may be scheduled in the evening or on weekends, which is less disruptive for your job and day-to-day life.

How Long Does Arbitration Take?

The arbitration process usually takes less time than a divorce trial. The divorce attorneys don’t have to present as much evidence to an arbitrator as they do to a family court judge. It may take months to schedule an initial court hearing. In contrast, an arbitration process may be completed in that duration of time.

Why Choose Arbitration Over Court?

When you choose arbitration, you, your soon-to-be ex-spouse, and your lawyers choose the arbitrator. In a court trial, your case is randomly assigned to a judge. Arbitration is also a good choice if you have a dispute around a particular issue, such as real estate. You could choose an arbitrator who practiced law in real estate and has specific expertise on the issue. Divorcing couples also get to pick the amount of time the arbitrator can have to make a decision and which issues will be decided by the arbitrator.

Anyone considering a divorce may benefit from a consultation with a divorce lawyer Reach the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania at (215) 886-1266, or complete our contact form to request a 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.