Law Office of Joanne Kleiner

finances

Sep 20

Divorce Mediation May Be the Answer

Some Things to Expect From Divorce Mediation

Did you know that mediation can produce an agreement in up to 80% of cases? With the divorce rate at about 50% of all marriages in the U.S., this is a solution that has had a dramatic increase. There are some things to expect from a divorce lawyer during a mediation session.

Discussions With Structure

You will want a mediator who opens structured discussions concerning the division of assets, custody arrangements and payment of support. You will need to reveal your finances. Talking about your goals for after the divorce should be encouraged.

If the discussion goes off-topic, a good mediator will steer the talk back to the subject. Emotions may be high, and the session should not be used for counseling. You may want to bring any supporting documentation with you to the meeting.

An Experienced Mediation and Divorce Lawyer

A local and experienced mediator should be your choice. Since the divorce process is easier with those who have local knowledge, finding a mediator through the internet is not a good choice. A lawyer who practices in your jurisdiction will be the best source. An attorney will know the laws of your area and can help prevent costly mistakes.

Guidance From a Professional

In its origins, mediation did not include any guidance from those who ran the sessions. Many of the traditional mediators still use this method when conducting divorce mediation. Mediators may not give you specific legal advice, but they can advise you on how your case may play out in court. They know what is considered fair and the rule-of-thumb in your area.

Mediators will work with you and your estranged spouse with a focus on how to settle the differences that exist. There will be no testimony or legal arguments, and the mediator will not make decisions for you. You are always free to reject a proposal made by your spouse. The mediator will let you know which issues are not open to negotiation and will clarify anything you do not understand.

No Taking of Sides

A good mediator should be neutral, especially when dealing with divorce, when emotions may surface. This is especially important when discussing custody and support. If you think that your mediator has a bias, it may be time to find a new professional to conduct the sessions.

Something Not to Expect From Divorce Mediation

There is one thing you should be aware of. Mediation is not a way to gain an advantage over your spouse. You will not get better results if you are the higher-earning spouse. Mediation should not be used to keep your spouse from hiring an attorney for representation. If this is the case, most likely, your mediation will not succeed.

The Benefits of Divorce Mediation

The divorce process is never easy. However, divorce mediation may make it run more smoothly and less stressfully. Divorce can affect you both financially and emotionally. Mediation is usually less expensive than a litigated and contested divorce. Another advantage is that communication is more open, and cases may reach a conclusion more quickly. The goal is to find solutions that work for everyone.

In order to reach an agreement, you must be open to compromise and be willing to listen to your spouse’s point of view. Although you may not understand it, you can still listen. Listening closely may help you think of a new way to resolve the issue.

At the end of the negotiations, with some or all your issues resolved, you will have a written agreement. In some cases, a parenting schedule or plan may be included. If you have not been able to agree on all the issues, you will have to do so or let the judge decide after a court hearing.

We are your local divorce lawyer and can help you with the process of mediation. Our Pennsylvania offices are located in Montgomery County, Bucks County and Philadelphia County. Call the Law Offices of Joanne Kleiner at (215) 886-1266 or use our contact form to arrange an appointment.

Aug 21

Ways to Protect Your Financial Future When Getting Divorced

Steps to Take to Protect Your Finances During a Divorce

Going through a divorce is an emotional process that leaves many people vulnerable to making mistakes and feeling defeated. When separating, it can be easy to forget about how your finances will be affected throughout the process. You’ll want to take a few important steps to protect your money and reduce the risk of loss while parting ways with your partner.

Close Joint Accounts

Any accounts that are shared between you and your former spouse need to be closed immediately. This will prevent you from becoming responsible for any debt that your partner accumulates after you decide to separate. Pay down all of your credit cards as much as possible and put the account in your name or your spouse’s name to avoid sharing responsibility. Attempt to negotiate splitting the debt with your spouse if there’s a remaining balance. If the balance is too high to repay in full, you’ll need to contact the lender and ask what is required to have your name completely removed from the account.

Avoid using the credit cards or account to acquire new debt, which the courts will require that you repay. The court will also require that any money you withdraw during this time will need to be repaid. Consider getting a post office box to ensure you receive all of your mail that contains your new banking information. This will prevent the information from being obtained by your spouse.

Requesting a copy of both your and your spouse’s credit report is also necessary. This will make you aware of any joint accounts and accounts that your spouse has open in his or her name. Your soon-to-be ex may have made foolish decisions with your money, which can affect your financial future. There also may be issues or errors present on the credit reports, which will need to be disputed.

Take Inventory of Your Assets

One of the most challenging parts of going through a divorce is having to divide up the assets and split it between both parties. In some cases where there’s a lot of tension, one of the spouses may attempt to hide some of the valuables or take them out of the home. Make it a point to take photos of everything that is shared between you and your spouse to have a thorough record of what needs to be split. Avoid selling any of the assets if you’re in need of cash as this can complicate the process of filing for divorce.

Making copies of bank transactions of large purchases that you’ve both made in the marriage can also allow you to have proof of what needs to be divided.

Alimony

Many people request alimony, which is taxable income. Attempt to work with your former spouse and legal counsel to agree on an amount of money that can be provided but won’t be listed as taxable alimony. Alimony laws are also constantly changing, so you will want a legal professional to help. You may also want to consider getting job training before going through a divorce to ensure you can become financially independent and are capable of supporting yourself.

Hire a Family Lawyer

One of the most important steps you can take after you’ve decided to file for divorce is to contact a Jenkintown family lawyer who can review the details of your case. Look for someone who offers free consultations and can determine what you’re entitled to receive, whether it’s custody or assets. Hiring a Jenkintown family lawyer can allow you to be represented by someone with a high level of legal knowledge in the industry. Legal counsel will know the right steps to take to increase your chances of obtaining more money.

If you are preparing to file for divorce, contact the Law Office of Joanne Kleiner & Associates today by calling 215-886-1266. You can obtain legal representation and learn more about your rights. Our Jenkintown family lawyer will help you understand the correct plan of action to take.