Law Office of Joanne Kleiner

Amicable Divorce Attorney

Divorce mediation

Jul 07

Financial Considerations in an Amicable Divorce

Divorce is a challenging life event, but it doesn’t always have to be adversarial and ugly. In an amicable divorce, couples work together to end their marriage in a respectful way, focusing on good communication and understanding. One important aspect of an amicable divorce is dealing with the financial side of things.

Before starting the divorce process, it’s important for both of you to understand your financial situation. This means having a comprehensive understanding of your assets, liabilities, income, and expenses. Take the time to gather and organize all the relevant financial documents, like bank statements, tax returns, and property ownership documents. Having a clear picture of your finances will help you make smart decisions and work out a fair settlement.

Female hand shaking male hand.

Assessing Assets and Liabilities

In an amicable divorce, it’s necessary to figure out both what you currently own and what you owe. This means looking at the properties, investments, retirement accounts, and any other assets acquired during your marriage. It’s also important to think about the debts you have, such as loans or credit card balances. By taking a good look at your assets and debts, you can make sure everything is divided fairly and equitably between the two of you.

Deciding how to divide your assets is a big part of a divorce. The division of marital property is often a significant consideration during divorce proceedings. Different jurisdictions adopt varying approaches, such as equitable distribution or community property principles. Equitable distribution aims to divide assets fairly based on various factors, including each party’s contributions to the marriage, earning capacity, and future financial needs. Through negotiation and compromise, couples can achieve a fair and mutually beneficial division of their shared assets.

Family Financial Planning

Spousal support, commonly known as alimony, is another financial consideration in divorce.  This is when one person pays the other person to help them financially after the divorce. The amount of support depends on things like how much money each person makes, how long the marriage lasted, and each person’s needs. Talking openly about spousal support and thinking about the future can help you come up with a fair agreement.

When children are involved, the financial well-being of the children becomes a primary concern. Child support ensures that both parents continue to provide financial support for their children’s upbringing and welfare. During an amicable divorce, it is essential to determine child custody arrangements that prioritize the best interests of the children. Open discussions and cooperation are crucial in creating a child support plan that is fair and sustainable for both parties.

Divorce can have significant tax implications, and understanding them is vital for effective financial planning. Various aspects, such as the treatment of alimony, child support, and property transfers, can impact tax obligations. Seeking professional advice from a tax specialist or accountant will help you navigate these complexities and make informed decisions that align with your financial goals.

Planning for the Future

Considering the long-term financial implications of the divorce is essential for securing your financial future. Setting realistic goals and developing a post-divorce financial plan will help you move forward with confidence. Seeking the guidance of financial planners or advisors can provide valuable insights into managing your finances, investments, and retirement plans.

In an amicable divorce, addressing financial considerations is crucial for a smooth transition and fair outcomes. By understanding your financial situation, dividing your assets and debts fairly, and considering things like spousal support and child support, you can make the financial side of divorce a little easier. With the help of professionals and by planning for the future, you can set yourself up for a stable financial future after the divorce.

Amicable divorce ultimately requires commitment, compromise, and patience from both parties, but is an excellent option for Pennsylvania couples who are motivated to part ways peacefully without the need for court intervention. If you’re interested in this type of divorce, you might want to seek the assistance of a qualified divorce lawyer who can help you determine if it’s the right choice for you. Contact the Law Office of Joanne Kleiner at 215-886-1266 to speak with an attorney at our Jenkintown office about your legal rights and options.

Jun 05, 2023

When mediation does not resolve all of your divorce legal issues

What to Do When You Cannot Reach a Divorce Agreement

Mediation is the process of negotiating the terms and conditions of your divorce through the help of an unbiased third party. Both partners can use their own respective lawyers to communicate their wishes and discuss possible compromises.

What Happens During Divorce Mediation

Mediation can be used to address many aspects of a divorce, such as:

  • Divorce settlements including what assets couples can keep afterwards
  • Alimony
  • Child support and child custody
  • Pet custody and visitation

In many cases, mediation helps couples divorce without the need to go to court. A prenuptial agreement can facilitate the process, but the couple may still contest the agreement and decide to mediate further before settlement.

If the couple did not sign a prenuptial agreement, then they will have to begin taking inventory of their assets and determining their goals for the mediation process. The mediator will walk the couple through the process step by step. Their goal is to ensure that both people leave the relationship on fair terms. They can help maintain the peace as couples negotiate difficult matters regarding finances, living arrangements, child custody, and more.

What to Do When You Cannot Agree

You cannot settle your divorce until you have both agreed to its terms. There are three ways that you can approach this situation.

You can continue negotiating through divorce mediation until you can reach a desirable compromise. This can be a lengthy process, and you may decide to work with another mediator if you feel as though your negotiations are ineffective or if they have reached an impasse.

You could also look into divorce arbitration. A divorce arbitrator acts as a private judge and makes decisions the same way a judge would. The final decision, referred to as an award, is generally binding on the estranged spouses.

Finally, you can obtain the assistance of divorce attorney. They may also be able to help you reach a divorce settlement without going to court. If you end up in litigation, your divorce attorney will help build a compelling case for your argument in court.

Next Steps After Failed Divorce Mediation

When a couple is unable to settle their divorce in private, they can bring their case before a judge. The mediation discussions remain confidential, which means that the entire case will begin again as though no prior negotiations took place.

Mediation allows the parties to reach conclusions that may be different from how a judge ultimately rules. It allows each estranges spouse greater agency in the final divorce decree, offering flexibility and privacy and making unorthodox solutions possible. Divorce court, on the other hand, is a matter of public record, so the discussions that take place can be revealed to others. Couples who wish to keep their divorce private may want to avoid taking their case to court.

Luckily, mediation can be managed effectively so long as both parties are willing to respectfully negotiate during this process. When a private mediator, such as a friend or family member, cannot help the couple reach a settlement, each spouse can work with a divorce lawyer as an alternative.

Divorce Court After Mediation Fails

Going to court is not mandatory, but it will become necessary if you and your spouse are unable to reach a compromise through other means. If you are confused about the best course of action, then it may be helpful to speak with a divorce lawyer. They can review your current case and propose possible solutions. They can also help you understand your rights and clarify what you can and cannot ask for as part of a divorce settlement.

Connect With a Pennsylvania Divorce Lawyer

If you have struggled to resolve your divorce through private mediation, consider speaking with the Law Office of Joanne Kleiner. You can reach our firm by calling us at 215-886-1266. You can also schedule a consultation by requesting an appointment through the form on our website.

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.

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.

Jan 03

Is Your Mediation Agreement Legally Binding?

Are You Legally Required to Abide by Mediation Decisions?

More and more divorcing couples are choosing to get mediation instead of arguing in court. If you have tried or are considering trying mediation, it’s helpful to know just how legally binding the process is. Here is what you need to know about whether or not divorce mediation is legally binding.

Are You Legally Required to Get Mediation?

In most cases, mediation is entirely optional. People usually decide to get it when they want to divorce and keep things as amicable as possible. However, usually, you have the right to forego mediation if you don’t think it will work for your situation.

There are a few exceptions to this rule though. The court can order a couple to enter mediation if they think that would benefit the family. This is a special type of mediation called court-ordered mediation. If you have court-ordered mediation, you are legally bound to show up for your mediation sessions. You don’t necessarily have to be talkative during the session, but if you skip it, you could be found in contempt of the court.

Another reason you might be legally bound to go through the mediation process is if you signed a prenup saying you would. Many prenuptial agreements include a clause that says you have to go into mediation if you want to end the marriage. Skipping mediation at this point could result in civil lawsuits or other penalties.

Do You Have to Follow the Mediator’s Recommendations?

During your mediation session, the mediator will hear both sides of the story. You and your ex can get a mediation lawyer to present your case and explain the solution you want. After hearing all the facts, your mediator might make suggestions for how you should proceed.

Keep in mind that the mediator is not a judge. What they say is not a final ruling that you are legally bound to follow. Instead, the mediator is just there to guide the discussion in a proactive manner. Whether or not you choose to follow any suggestions from the mediator is up to you.

Which Mediation Documents Are Actually Legally Binding?

The process of just talking with a mediator is not legally binding. However, usually, the whole point of mediation is for you and your ex to create a legal document that you both agree on. Depending on your circumstances, your mediation attorney might prepare documents like child custody arrangements, asset transfer agreements, or child support schedules.

Unless your mediation is court-ordered, you have the option of walking away without signing any documents. It’s very important to only sign legal agreements in mediation if you agree with them. Once you sign them, they are just as legally binding as any child custody or asset division settlement your divorce lawyer helps you get in court.

What Should You Do If You’re Not Happy With Your Mediation Outcome?

You cannot just shrug and quit paying your child custody because you sorted it out in mediation instead of in court. However, that doesn’t mean you are stuck with your mediation agreement forever. Just like any other legal agreement, you might have options to contest or appeal the decision.

In some cases, you can argue that the mediation contract is not valid due to irregularities such as being signed under duress. Mediation usually isn’t recommended for couples dealing with domestic violence, because one can intimidate the other into signing something unfair. Another option for changing your agreement is petitioning the court for an adjustment. Since some agreements, like child support, are ongoing, you can alter them when circumstances drastically change. This means that things like getting a new job or moving may let you make some changes to your mediation agreement.

If you’re considering mediation, the Law Office of Joanne Kleiner is here to help. We are happy to offer mediation and explain how it works. And if you’re unsatisfied with a previously mediated agreement, our divorce lawyer team can help you explore your options further. Call our Jenkintown office at 215-886-1266 or fill out our online contact form to learn more.