Law Office of Joanne Kleiner

parenting plan

Jun 04

Should You Consider an Uncontested Divorce?

Why Should You Consider an Uncontested Divorce?

It’s common for individuals to spend thousands of dollars on a contested divorce that goes through trial. Therefore, it may be in your best interest to consider options that might allow you to end your marriage without the need to appear in court.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both parties to the marriage in question agree to terms of a final settlement outside of court. As a general rule, couples will agree to terms without the need for a lengthy court battle. A divorce will likely be considered uncontested if there are no outstanding issues prior to seeking court approval to formally end the union.

What Are the Key Benefits to an Uncontested Divorce?

One of the key benefits of this type of divorce is that you may be able to forego any waiting period before your marriage is officially terminated. You can get closure in a timely manner and start taking steps to rebuild your life as soon as you and your spouse agree to go your separate ways.

If you have children, opting to avoid a formal trial can help to spare them from being exposed to the drama and stress that it may bring. Furthermore, avoiding court may also mean that your split is less expensive because you may not need a divorce lawyer until it comes time to review the terms of the final settlement. Also, court costs add up.

Are You Sure That Your Settlement Is Equitable?

An uncontested divorce may be a good idea for you if you truly feel as if you have reached a fair settlement based on the agreement that you’ve made with your spouse. As a general rule, you are entitled to roughly half of the assets held within the marital estate. You may also be entitled to alimony, child support payments and other forms of compensation.

Often, the value of the marital estate is determined by reviewing tax returns, pay records and other financial documents. If you don’t have access to those records, it may not be wise to sign any divorce documents. Instead, it may be best to hire a divorce lawyer who may be able to examine the documents and interpret them for you.

A Judge Will Need to Review a Parenting Plan Before It Takes Effect

To qualify for an uncontested divorce, you must have any issues related to child custody and support taken care of prior to submitting divorce papers. However, although you can create a parenting plan as part of the settlement process, it won’t necessarily go into effect right away because a judge will need to ensure that it preserves your child’s best interests.

In most cases, a hearing consists of little more than answering a few questions to ensure that you understand the plan’s structure and that you agree to adhere to it. Afterward, the judge will likely approve the plan and allow it to take effect immediately.

What Else Should You Know About an Uncontested Divorce?

An uncontested divorce can be ideal if you want to keep a more positive emotional state. Of course, negotiating a settlement outside of court requires you and your spouse to work together with the help of your respective divorce lawyers to come to an agreement. During this process, you get a chance to express your feelings in an open and honest way, which may help you work through the emotional trauma that ending a marriage may bring.

Furthermore, it allows you to tell your spouse what you really need from a settlement. Therefore, there is a greater chance that you will walk away from the negotiation table feeling good about yourself and your future prospects. This may make it easier to maintain the strength needed to be there for yourself and for your children after your marriage ends.

If you have legal questions about your upcoming divorce or would like input about your proposed settlement, don’t hesitate to contact the Law Office of Joanne Kleiner in Jenkintown by calling 215-886-1266 or by filling out the secure online contact form.

Oct 24

Distance Learning and Co-Parenting During COVID-19

How Remote Learning Can Impact Co-Parenting

Over 7.8 million people in the United States have contracted COVID-19 as of mid-October 2020, grinding much of normal life to a halt. Though children have largely resumed school remotely, this change has presented many challenges to co-parents. Discussing these challenges is a must for those who want to successfully navigate the crisis.

Basic Disruptions

Some of the most common distance learning disruptions for co-parents are among the most obvious. These are the issues that are going to wreak havoc with the careful balancing that is necessary for co-parenting, and they will generally have to be solved through the efforts of each parent. Such disruptions include the children no longer taking the bus to and from a parent’s home, children not being able to see the usual babysitters because of social distancing requirements, or even difficulties that come from having to use technology that is unfamiliar to one or both of the parents.

The truth is that education is rarely an easy topic for co-parents, even when they are on the same page, so there will have to be changes made to daily life that won’t necessarily impact the existing parenting plan. It may be necessary for one or both parents to reach out to one another (or a divorce lawyer) to discuss new solutions or make adjustments that could have a minor impact on the plans that have already been put in place during prior discussions.

Responsibilities and Rights

More pressing are those disruptions that are going to impact the responsibilities and rights of the parents as put forth in a parenting agreement. Distance learning is going to put a significant amount of stress on all parties involved because it is going to require an entirely new type of parental decision-making to succeed. Parents will be forced to make educational decisions every day that simply might not be covered in the plans that were put in place when custody was first decided.

One of the biggest decisions that will have to be made will occur when, and if, school districts open. If parents are given a choice to send their kids back or keep them at home, it’s not always necessarily clear how individuals who share joint physical and legal custody will make that decision. Parents won’t be able to split the decision in this case, and even if they could, doing so would be ineffective. The basic right to decide where your child goes to school may well be disrupted by this pandemic.

Ability and Presence

Distance learning will also bring with it a major parenting change due to the amount of time the impacted children will be at home. If your child is a distance learner, he or she will need someplace to do schoolwork and study. Co-parents must now decide if they have living situations that are conducive to this kind of education and what’s going to happen if either parent goes back to working in person while the children are still going to school online.

A parent who typically has custody on the weekends, for example, may not necessarily be too impacted. Parents who tend to switch custody weekly or by the semester, on the other hand, are going to have to figure out whether their children can adequately learn as they switch back and forth. School does tend to give a certain sense of stability to children who move between homes, and the lack of stability is going to have an impact on the entire family. Without a clear plan in place, this can quickly become chaotic and disruptive to the lives of all who are involved.

Quarantine and Custody Challenges

Who gets custody during a quarantine? What happens if a child is forced to social distance because of an impacted family member and cannot travel to the other parent’s house? These are important questions that don’t have easy answers. Although people need to follow the laws surrounding public safety and use common sense, there’s no doubt that parents are going to see their custody dates disrupted anytime a child is forced to isolate for two weeks. Given that these aren’t just questions of custody but of safety, one must expect the discussions here to be quite serious. Unfortunately, there are unlikely to be any easy answers.

Distance learning is going to cause problems for most co-parents even if they are small ones. Anything relating to the COVID-19 pandemic will eventually lead to a reevaluation of plans, and custody arrangements are no exception. If you need help with custody arrangements or other family matters, make sure to contact the Law Office of Joanne Kleiner to consult a divorce lawyer in Jenkintown, Pennsylvania, either by phone at (215) 886-1266 or email via our contact page.

Mar 13

Why You Might Want an Uncontested Divorce

The Many Potential Benefits of an Uncontested Divorce

After accounting for legal fees, court costs and other related expenses, it can cost up to $200,000 to end a marriage. However, an uncontested divorce may allow you to end your marriage for a fraction of the price. Let’s look at some of the other benefits of ending your marriage without putting up much of a fight.

There Is Less Chance for Conflict

A divorce can be one of the most emotional events that you will go through in your life. It isn’t uncommon to feel fear, anxiety and anger while you’re dealing with a separation. However, your feelings could cause you to say or do things that are aimed at hurting your former spouse as opposed to settling the divorce in a timely manner. By choosing to have an uncontested divorce, you can have a clean break.

From a legal standpoint, an uncontested divorce is a decree that neither party is fighting the separation. There should be no financial disputes, and both spouses must agree to the divorce.

Make Life Easier for Your Children

If you have children, the last thing that you want to do is put them in the middle of a protracted conflict with your former spouse. While you might not intend to hurt them, they could potentially hear anything negative that you say about their other parent. They may also see the ways you try to undermine your former spouse’s authority as a parent or personal dignity.

The trauma that a child endures during a divorce could linger after your marriage formally ends. If your child is now spending time in two different households, fighting with your ex will only make the transition more stressful. By minimizing the chances of conflict occurring during a divorce, you maximize the chances that you and your former spouse can work together for the good of your child.

You Don’t Have to Be an Open Book

In a typical divorce case, you are generally required to make significant financial disclosures. This information is used to determine the amount of alimony that you might get or the level of child support that you may need to pay. Furthermore, your spouse may enter text messages or other private messages into evidence.

By opting for an uncontested divorce, you don’t have to worry about other people exposing your secrets to the public. You also don’t have to worry about anything that you say to friends or post online being used to undermine your position in court.

Uncontested Divorces Usually Save Time and Money

An uncontested divorce can typically be settled for a flat fee to your attorney and to the court where the divorce takes place. In most cases, an uncontested divorce requires little more than submitting a few forms and making a brief appearance in court. The entire process can be completed in a matter of days or weeks.

Conversely, a divorce trial can take up to a year or more to complete assuming that everything goes as planned. The court may order that you appear to testify on certain days that are not convenient for you. Therefore, uncontested divorces are more ideal for those who can’t take time off work or afford suitable daycare for their kids.

Most Cases Get Settled Anyway

Roughly 90% of divorce cases are settled, which means that you are likely to resolve the matter outside of court regardless of what method you use. However, it is important to note that any parenting plan that you come up with will need to be approved by a judge before it can go into effect. This is because the court needs to be sure that the agreement is in the best interests of the child.

If you need legal assistance from someone who understands how uncontested divorces work, it may be a good idea to contact the Law Office of Joanne Kleiner. You can call our office in Jenkintown by dialing (215) 886-1266. You can also send us a fax to (215) 886-2670.