Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

divorce

Sep 09

Facilitating an Uncontested Divorce Through Mediation

Divorce lawyers often recommend mediation when there is any hope of achieving an uncontested divorce as it leads to an agreement in upwards of 80% of cases. The average mediation is completed in three to six months whereas the average contested divorce is far lengthier. In addition, the cost of a traditional divorce can be 10 times higher than the cost to have your divorce mediated.

Qualifying for an Uncontested Divorce in Pennsylvania

If you would like a “no court” divorce, you must meet three criteria. At least one of you – you or your spouse – must be a resident of Pennsylvania for no less than six months before filing. Both spouses must agree on whether the case involves fault grounds or no-fault grounds. Many uncontested divorces are filed based on the ground of mutual consent, which has some special requirements that your mediator can assist with, such as affidavits and a 90-day waiting period. Both spouses must also agree on the issues in the divorce, and this is where a mediator can be especially helpful.

Agreement on Divorce Issues

Even if the spouses have a good relationship and fully intend to compromise with each other, reaching agreements on all the issues that need to be resolved can be difficult. The mediator does not represent one spouse or the other but, rather, guides both parties through this process. This includes determining how to divide marital property, how to allocate responsibilities for outstanding debts, whether one spouse will pay alimony and the amount, child support for dependent children, and child custody and visitation. While the mediator does not represent either party, both spouses can opt to have their own legal representation whose job it is to preserve their client’s rights.

Preparing, Filing and Serving Uncontested Divorce Papers

Paperwork must be completed and filed to begin the uncontested divorce process. Some Pennsylvania counties have their own forms as well, and your divorce lawyer can help ensure that all necessary documents are prepared and filed. The lawyer will also help you determine where to file. Typically, you should file in the county where your spouse resides, but that may not be the case if a couple is separated, or where they live presents issues. Once the documents have been filed, the divorce papers must be served to each spouse, which is an official process that the firm can oversee as well.

Uncontested Divorce Time Frame

As mentioned above, the average traditional divorce involving the courts takes 24 months. A mediated divorce will usually take at least three months as there is typically a 90-day waiting period requirement. It is unusual for a mediated divorce to take longer than six months to finalize.

Uncontested Divorce Expenses

There are costs to file with the courts, which are usually $200 to $300. The cost for mediation is typically $1,500 to $4,000 per person. There may be additional legal fees if you opt for personal representation. There can also be some additional expenses if you have to, for instance, make changes to retirement accounts. The average cost per person of a divorce that requires litigation is $20,000, and there can be many additional expenses as the case extends for months or even years.

Other Benefits of Divorce Mediation

Divorce mediation puts your children first as it creates a harmonious family environment and eliminates the need for them to take the stand. It lets you shape the divorce to the specifics of your family. It is much less stressful and protects your privacy as you are not exposed to public court cases.

Divorce Mediation in Pennsylvania

If you’re considering divorce mediation, the Law Office of Joanne E. Kleiner is here to help. Our law firm has more than 25 years of experience helping both men and women get divorced and move forward with their lives. If you would like to schedule a consultation with a divorce lawyer, you can contact our Jenkintown office online or call us at 215-886-1266.

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.

Jul 05

How Can I Have a Child-Centered Divorce?

What Is a Child-centered Divorce?

About 72% of divorces take place within 14 years of marriage, which means that many young children experience the life-changing stress of living through this process. The long, drawn-out process of divorce can have life-altering effects on a child’s mental and physical health, and it puts their own future marriages at a higher risk of divorce. One way parents can mitigate these effects on their children is to work with a divorce lawyer who offers child-centered divorce services.

Set Your Priorities

When you or your spouse file for a divorce, you’ll have to consider what’s the most important part of the process. Many people focus on who gets the house or who keeps the family dog. In many cases, the children aren’t the first, second or even third priority. A child-centered divorce coordinated by a divorce lawyer ensures that the child or children are prioritized over everything else.

Agree on One Thing

You and your soon-to-be ex-spouse might disagree on almost everything. After all, that’s why you’re getting divorced. However, it’s important to agree on at least one item: Your children are the most important part of your lives. You both love your children more than anyone else in the world, and you want what is best for them no matter what. Once you can agree to this, you can move forward with a child-centered divorce.

What a Child-Centered Divorce Does

A child-centered divorce protects your children from emotional trauma. It also reduces their risk of developing a mental health disorder as a result of living through your divorce. Focusing on your child’s emotional needs could lower their risk of developing anxiety, depression or post-traumatic stress disorder. While a child-centered divorce won’t spare feelings of sadness or anger, it can mitigate them and make them easier for you and your child to manage.

Stay Out of Court

The first step in a child-centered divorce is staying out of the courtroom as much as possible. Going to court is costly, time-consuming and anxiety-provoking. The more time you spend in court, the more conflict your children witness. Working with a divorce mediator or with an attorney who has experience in the collaborative divorce process will help you minimize the amount of time you have to be in court.

Focus on the Future

Think ahead to five years from now. How would you want your child to view the experience of having their parents divorce? If you carry the burden of the divorce-related stress and help your child feel safe and loved, they may look at the experience as a way mature adults handle disagreements and how people can move forward with their lives in peace and with mutual respect.

Build Your Relationship With Your Child

Even though your marriage fell apart, your relationship with your child doesn’t have to follow the same path. Regularly ask your child how they feel. Spend time doing something fun with your child. If you’ve always enjoyed cooking together, playing at the playground or going to the beach, keep up those important traditions. You’ll be making positive memories that outshine the stressors of divorce. Maintaining rapport and trust with your child will solidify a lifelong positive relationship.

Be Patient

Recovery after a divorce could take a year or two for you and your child. Be patient with your child’s feelings and how they express them. Cut your child some slack on occasion. Some children may be more needy during and after their parents’ divorce while others might act out in order to get more attention. It’s okay to ask your child about their actions, but do it from a place of curiosity rather than one of frustration or anger.

Pennsylvania parents who are interested in a child-centered divorce may benefit from scheduling a consultation with an experienced family lawyer. Contact the Law Office of Joanne Kleiner at (215) 886-1266, or fill out our contact form to request an appointment at our Jenkintown office.

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.