Law Office of Joanne Kleiner

Amicable Divorce Attorney

mediation

Jul 12, 2023

Choosing the Right Mediator for Your Amicable Divorce

When couples choose to pursue an amicable divorce, they often are able to significantly avoid stress and promote healthy resolutions. One crucial element in achieving a successful amicable divorce is finding the right mediator. Mediators are trained professionals tasked with helping couples navigate the divorce process by facilitating open communication, fostering compromise, and guiding them towards mutually beneficial agreements. 

In an amicable divorce, a mediator plays a vital role in guiding couples through the process by acting as a neutral third party, facilitating communication, and helping spouses find common ground. Mediators are trained professionals skilled in conflict resolution techniques, and they work to create an environment conducive to productive discussions. By understanding their unique approach, couples can make an informed decision about engaging a mediator for their amicable divorce.

Every divorce situation is unique, and couples should assess their specific needs and goals before choosing a mediator. Consider factors such as child custody arrangements, property division, financial agreements, and communication dynamics. Understanding your priorities and expectations will help you find a mediator who can address your specific concerns and guide you towards desired outcomes.

A mediator’s qualifications and experience are key factors in determining their suitability for your amicable divorce. Look for mediators with relevant training, certifications, and experience in handling amicable divorces and related family law matters. Consider their professional memberships and commitment to ethical standards to ensure they adhere to the established guidelines and best practices of an amicable divorce.

Woman sitting across from man with a laptop in a professional setting.

Familiarize yourself with the typical steps involved in the mediation process. From the initial meeting to the final agreement, mediators guide couples through discussions, helping them navigate issues such as child custody, asset division, and financial arrangements. Understand the importance of confidentiality, voluntary participation, and the mediator’s role in facilitating productive dialogue and finding common ground.

Choose a mediator who specializes in amicable divorces and cooperative dispute resolution. These individuals have specific expertise in preserving relationships, promoting healthy co-parenting, and facilitating mutually satisfactory resolutions.

Weigh all the factors discussed above, including qualifications, experience, compatibility, and cost, to make an informed decision. Trust your instincts and choose a mediator who aligns with your values, needs, and goals. Remember, selecting the right mediator is crucial for a successful amicable divorce, as they will guide you through the process and help you achieve a positive outcome.

At the Law Office of Joanne Kleiner, our team has plenty of experience helping people to divorce outside of court. Our clients can count on us to make the process as simple, fast, and stress-free as possible. To set up a free consultation with a Jenkintown divorce lawyer, call 215-886-1266 or email us today.

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.

May 16, 2023

Pennsylvania uncontested divorces

How Uncontested Divorces Work in Pennsylvania

Divorce trends in Pennsylvania reflect those throughout the U.S.: overall divorce rates continue to tumble while the rate of uncontested divorces continues to rise. State divorce lawyers are generally unsurprised by the uptick in uncontested divorces as they are generally both cheaper and quicker. They also provide estranged parents much greater control, such as being able to shield their young children from the proceedings.

Divorce Requirements in Pennsylvania

Pennsylvania allows you to file for divorce on three grounds:

  • Fault
  • 12 months of separation
  • Mutual consent and no fault

The third item in the list is what we are focused on here, and there is no waiting period required. There is a residency requirement in that either you or your spouse must be a resident of the state for at least six months prior to filing. It does not matter in which state you were originally married. Another common question is whether you can get divorced while pregnant. The answer is yes. While some states require babies to be born prior to divorce in order to clarify paternity and custody issues, Pennsylvania does not.

What Is an Uncontested Divorce?

In Pennsylvania, the official term for an uncontested divorce is mutual consent divorce, which is sometimes referred to as a no-fault divorce as well. In legal circles, it is also known as a 3301c divorce, which refers to the state statute that defines the concept. An uncontested divorce involves the spouses cooperating and negotiating to reach their own settlement agreement. This approach minimizes the involvement of the courts and allows the spouses to have autonomy throughout the entire process.

How to Get an Uncontested Divorce in Pennsylvania

From a technical standpoint, the first step is to acquire all the legal forms required for a divorce and complete them. While having the assistance of a divorce lawyer is not required, it is highly recommended. The typical uncontested divorce requires more than a dozen legal forms, including Self-Represented Party Entry of Appearance and Form 1 Notice to Defend and Divorce Complaint. An attorney can help you identify the forms you need and complete them.

Once those forms are completed, you then submit them to the Clerk of Court along with a filing fee. The fee is generally around $300, and if you cannot afford to pay it, it may be possible to have it waived by petitioning the court for relief. The next step is to serve your spouse with divorce papers. This must be officialized, but if you and your spouse are working together, it is as simple as completing the appropriate document and having it notarized. Otherwise, it must be completed via Personal Service, such as through the Sheriff’s Office, or by Certified Mail with return receipt requested.

Reaching the Settlement Agreement

If you are a parent, you may be required at this point to attend a parenting class, depending on the county in which you filed. The next step is for each spouse to complete a financial disclosure and provide it to the other spouse. This serves as the basis for a settlement agreement. Once the agreement is reached, you must document it as required by law and submit it to the court.

Court Approval and Waiting Period

There is a mandatory 90-day waiting period between the original filing and the spouses filing consent. Therefore, you cannot have your divorce finalized until this phase has been completed. Once you have submitted these documents to the Court and the Court deems that it has all relevant documents, it will review the agreement. If all is in order, it will be approved by the Divorce Decree.

Local Assistance With Your Uncontested Divorce

While you may not need a divorce lawyer to file and officialize an uncontested divorce, having one can help you achieve a settlement agreement that benefits both parties sooner and more easily. If you would like to meet to discuss your options for an uncontested divorce, you can schedule that appointment with the Law Office of Joanne Kleiner by calling 215-886-1266 or by using our online contact form.

Nov 12

Divorce and your medical practice

The Impact of a Divorce on Your Private Medical Practice

The divorce rate among all physicians is 21.8%, which is lower compared to many other occupations. Scientists theorize that physicians marry later and spend more time choosing their spouses. However, when your marriage has come to an end, and you’re a practicing physician who owns a medical practice, speaking with a divorce lawyer will help you know how to protect your reputation, finances, professional reputation and future.

Evaluation of the Medical Practice

You will have some questions to address during your initial consultation with a divorce lawyer. These relate to the evaluation of your medical practice. Your lawyer may inquire about when the practice began to determine if you had it before your marriage or started it after your wedding. You may also need to answer questions about the type of entity your practice is under IRS regulations, how you funded the practice, whether or not there are co-owners and if shares were issued, if there is a buy/sell agreement in place, and if there are future vesting or stock options that others would be entitled to if you were to stay married. Remember that your soon-to-be ex-spouse may hire a forensic accountant to dispute your accountant’s findings.

Determine the Practice’s Assets and Liabilities

As the owner of a medical practice, you will want to work with a forensic accountant to categorize its assets and liabilities, and your divorce lawyer will need this information. This will include the list of long-term patients, office equipment, the building if you own it, accounts receivable and furniture. Your medical practice’s liabilities include rental or mortgage payments, equipment payments, taxes, payroll, insurance, retirement contributions, employee benefits and loans.

Evaluation of Your Income From the Practice

Working with a forensic accountant will also help determine if you’ve been getting a fair income from your medical practice. Many physicians only take a small salary and reinvest their earnings into their practice. The accountant may evaluate your income compared to other physicians within the same field and your income compared to other physicians who work in the same specialty and have the same level of experience.

Regulations Pertaining to the Ownership of Medical Practices

According to Pennsylvania law, only a physician can own a medical practice or be a shareholder in one. Because of this, your non-physician spouse can’t be awarded any ownership interest in the practice in your divorce settlement. Therefore, while the court will consider the value of the practice when approving the settlement, ownership will not be on the table.

Contracts Between Physicians Within the Practice

Another consideration for the future of your medical practice after a divorce is the terms of the contracts you have with other physicians in the practice. Some medical practices have contract stipulations requiring that if one member gets a divorce, they forfeit their stock. This stipulation is for the protection of the other members. Some contracts might allow you to repurchase your stock after a certain period, but this could allow your ex-spouse to protest the settlement and take you back to court.

If you’re a practicing physician and a divorce is in your future, a consultation with a lawyer could help you understand how divorce could impact your medical practice. For more information about the impacts of a divorce on your medical practice, schedule a consultation with the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania by calling us at (215) 886-1266. Our quick contact form also enables you to request a consultation. Complete and submit the form, and an office associate will be in touch with you.

Nov 04

Planning for collaborative divorce sessions

What You Need To Know About the Collaborative Divorce Process

In the United States, the typical duration of a marriage that ends in a divorce is just eight years. Many people have heard horror stories about long, stressful divorce processes that end up with the airing of dirty laundry and much frustration in court, but working with a collaborative divorce lawyer could reduce the level of stress and the amount of time that it takes to end a marriage. Before you choose a collaborative divorce attorney, here are some questions to ask.

Will You Consider What my Spouse Wants in the Divorce Settlement?

This type of question gets to the heart of collaboration versus cooperation. A collaborative process ensures that the other person’s goals are met, even when those goals don’t match yours. Collaboration is more difficult than cooperation. It’s about mutual benefits and common goals. By the end of a marriage, many couples have few goals in common. However, some common goals might include ensuring what’s best for any minor children or protecting meaningful assets, such as the family home. A collaborative process requires both parties to respect each other’s goals and concerns and to understand that no agreement will be reached until both spouses meet their personal goals.

Can Divorcing Spouses Really Collaborate on the End of Their Marriage?

An attorney who has experience in collaborative law understands the differences between positions and interests. Positions relate to insisting on a specific result. Some would call this “a line in the sand.” Interests involve keeping an open mind about different options that meet one’s needs. Collaborative attorneys counsel their clients to explain their interests and avoid taking positions.

Do Collaborative Divorce Lawyers Work Well With Other Professionals?

Most collaborative divorce attorneys will work with other professionals who are advising their client or the other spouse during the divorce process. For example, the client might work with a financial advisor for clarification regarding financial concerns about spousal or child support, retirement, or avoiding bankruptcy. The financial professional could provide advice on structuring the settlement of the divorce in order to meet each spouse’s financial needs and goals. Collaborative divorce attorneys may also work with child therapists or psychologists who represent the child’s voice and perspective.

What Types of Collaborative Training and Experience Do You Have?

Collaborative law isn’t taught in every law school. An attorney who practices collaborative law often learns these techniques through professional associations or affiliations with specific groups. These groups offer ongoing training and educational opportunities. You may want to ask the attorney how many collaborative divorce cases they have worked on and how many of those cases were settled through collaboration versus how many of the cases went to court.

Do You Belong to Any Collaborative Law Groups?

The law evolves over time, and psychologists, legal scholars and other professionals frequently develop new techniques for successful collaborations between conflicted parties. A key way for a collaborative divorce lawyer to keep up-to-date on evidence-based collaborative processes is through a professional group affiliation. In Pennsylvania, many such groups exist. For example, the Central Counties Collaborative Law Community is a group consisting of licensed attorneys, psychologists, financial professionals and others who work with divorcing couples on collaborative agreements.

When a divorce is in your future, a collaborative process may reduce the stress on everyone involved. A consultation with divorce lawyer provides you with the information you need so you can make an informed decision about the legal process. To schedule a consultation with the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania, call (215) 886-1266. You may also fill out our contact form, and an office associate will contact you.