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Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Pennsylvania divorce

Feb 01, 2025

Avoid Dating During Divorce Proceedings

Going through a divorce is a difficult and emotional time. You may feel lonely or eager to move on, but dating during the divorce process can lead to unexpected complications. The decisions you make during this period can significantly affect custody, property division, and financial settlements. Courts in Pennsylvania consider many factors when deciding these issues, and dating can complicate matters.

At the Law Office of Joanne E. Kleiner, we guide clients through the divorce process with a focus on protecting their rights and interests. Here’s why it’s often best to wait until your divorce is finalized before starting a new relationship.

Dating Can Impact Custody Decisions

Pennsylvania courts prioritize the best interests of the child in custody cases. If you’re dating someone new, your ex-spouse may raise concerns about the person’s influence on your children.

Common issues that may arise include:

  • Background Checks: The court may want information about your new partner’s criminal history.
  • Stability: Introducing a new relationship too soon may be seen as disruptive to your children’s routine.
  • Parental Conflict: Your ex-spouse may argue that the new relationship causes tension or confusion for the children.

Maintaining stability for your children is crucial. Courts often prefer that significant life changes, like new relationships, be introduced gradually and only after the divorce is complete.

Dating May Affect Property Division

Divorce proceedings often involve dividing marital assets and debts. If you start dating before your divorce is finalized, it may raise questions about financial fairness.

For example:

  • Spousal Support: Your ex-spouse may argue that your new relationship reduces your financial need for alimony.
  • Spending Patterns: If you spend marital funds on a new partner, your ex-spouse could claim financial misconduct.

Pennsylvania courts assess the economic circumstances of both spouses when determining financial settlements. Dating and spending on a new partner may complicate these assessments, potentially delaying the divorce process.

Emotional Reactions Can Escalate Disputes

Divorce is already emotionally charged, and dating can heighten tensions. Your ex-spouse may feel hurt, jealous, or resentful, leading to increased conflict.

Heightened emotions can result in:

  • Prolonged Negotiations: Your ex-spouse may become less willing to compromise on important issues.
  • Litigation: What could have been resolved through mediation may escalate into a courtroom battle.

Reducing emotional triggers helps create a smoother divorce process. Avoiding new relationships during this time can prevent unnecessary conflict and protect your legal position.

Mediation Can Be More Effective Without Distractions

Mediation is an effective way to resolve divorce disputes without going to court. However, mediation relies on cooperation and mutual respect between both parties. If one spouse begins dating, it can create distrust and resentment, making mediation less productive.

At the Law Office of Joanne E. Kleiner, we emphasize the importance of open communication in mediation. By postponing new relationships, you give yourself and your ex-spouse the opportunity to focus on reaching fair agreements.

Courts May View Dating as Poor Judgment

Judges are human and can be influenced by perceptions of behavior. If you date during your divorce, a judge may view it as poor judgment or insensitivity toward your ex-spouse and children.

This perception may impact decisions on:

  • Custody Arrangements: A judge may question whether you’re prioritizing your children’s needs.
  • Spousal Support: Courts may be less sympathetic to your financial claims if they believe you are distracted by a new relationship.

Maintaining a respectful and responsible demeanor throughout the divorce process can positively influence the court’s perception of you.

Your Focus Should Be on Healing and Transitioning

Divorce represents a significant life change. It’s important to take time to reflect, heal, and rebuild your life before entering a new relationship.

Focus on:

  • Personal Growth: Use this time to explore your interests, goals, and values.
  • Emotional Well-Being: Therapy or support groups can help you process your feelings and gain clarity.
  • Parenting: Strengthening your relationship with your children can provide stability and comfort for both you and them.

Rushing into a new relationship can distract from these important steps, potentially leading to emotional setbacks.

New Relationships May Not Be Stable

Dating during divorce is often driven by emotional vulnerability. Many people enter relationships during this time to cope with feelings of loneliness or loss. However, these relationships may not be built on a solid foundation.

Research shows that relationships started during transitional periods are more likely to fail. Taking the time to fully process your divorce before dating increases the likelihood of future relationship success.

Legal Considerations for Dating After Divorce

Once your divorce is finalized, dating becomes less legally complicated. However, certain issues may still arise, particularly if you have children.

Consider the following:

  • Introducing New Partners: Gradually introduce new partners to your children to avoid emotional distress.
  • Co-Parenting Agreements: If your divorce settlement includes guidelines on introducing new relationships, follow these terms.
  • Child Support or Custody Modifications: Significant life changes, such as remarriage, may require adjustments to custody or support agreements.

Consulting with an attorney can help you navigate these post-divorce concerns.

How to Handle Social Situations During Divorce

Social gatherings, especially around holidays like Valentine’s Day, may present challenges. You may feel pressure to date or explain your divorce status to others.

Here are some tips:

  • Set Boundaries: Politely decline invitations that make you uncomfortable.
  • Communicate Clearly: Let friends and family know you’re focused on personal growth.
  • Focus on Supportive Relationships: Surround yourself with people who respect your journey and encourage healing.

By maintaining clear boundaries, you can protect your emotional well-being during this transitional period.

The Role of Your Attorney

Your attorney plays a crucial role in guiding you through the divorce process. They can help you understand how dating may affect your case and provide strategies to protect your rights.

At the Law Office of Joanne E. Kleiner, we take the time to understand your unique situation. Our team offers personalized advice to help you make informed decisions that support your long-term goals.

Final Thoughts

Dating during divorce may seem tempting, but it can complicate custody, finances, and emotional well-being. By focusing on healing and responsible decision-making, you can protect your interests and set the stage for a successful future.

If you have questions about your divorce case, contact the Law Office of Joanne E. Kleiner. With over 35 years of experience, we provide compassionate and results-oriented representation for clients in Montgomery, Bucks, and Philadelphia counties. Schedule a confidential consultation by calling 215-886-1266 or reaching out online.

Your choices today can shape your future. Let us help you make informed, confident decisions.

Oct 31, 2024

Divorce Trends: What Couples Need to Know

Divorce remains a significant life event that affects millions of couples worldwide each year. Understanding the latest trends in divorce and hiring an experienced divorce lawyer can help couples make informed decisions about their future, whether they’re considering separation, navigating divorce proceedings, or contemplating mediation as an alternative to litigation. The past few years have seen unique shifts in divorce trends, with changing perspectives on marriage, financial pressures, and social factors all playing a role. Here, we’ll explore the latest trends and what they mean for couples in 2024.

1. Divorce Rates Have Remained Stable Overall

According to recent statistics from the CDC, the divorce rate in the United States has held steady at around 2.7 divorces per 1,000 population in recent years. This rate reflects a significant decline from earlier decades, with some experts attributing this stability to delayed marriages, a greater emphasis on compatibility, and a shift in societal views on marriage. Despite this stability, approximately 40-50% of marriages in the United States still end in divorce, underscoring the importance of preparation and communication in relationships.

2. Divorce Among Older Couples Continues to Rise

One notable trend is the increase in divorce among couples over the age of 50—a phenomenon often referred to as “gray divorce.” According to a study by the Pew Research Center, the divorce rate for adults aged 50 and older has doubled since the 1990s. For those 65 and older, the rate has nearly tripled. Several factors contribute to this rise, including increased financial independence, longer life expectancy, and shifting expectations for retirement. Gray divorce often involves complex asset division, retirement funds, and spousal support, making experienced legal guidance crucial.

3. The Popularity of Alternative Ways to Divorce

As couples look for alternatives to traditional divorce litigation, mediation, collaborative divorce, and amicable divorce have become increasingly popular. Mediation, in which a neutral third party facilitates communication between both parties, can reduce the time and cost associated with divorce. According to the American Bar Association, mediation typically costs 40-60% less than litigation. Collaborative divorce, a process where both parties work with legal and financial professionals to reach an agreement outside of court, is also gaining traction. In 2024, more couples are choosing these approaches to minimize conflict and promote cooperative resolution.

At the Law Office of Joanne E. Kleiner, we believe that out of court settlement options are better for kids and often cost less while helping couples find fair and respectful solutions without the stress of court battles. These approaches offer a way to handle divorce with greater control and confidentiality, which can be especially beneficial for families with children.

4. Economic Uncertainty Influences Divorce Decisions

Economic pressures continue to influence divorce decisions. Financial strain, whether from inflation, job instability, or rising costs of living, can increase marital tension and prompt couples to reevaluate their relationships. According to a survey by the Institute for Family Studies, nearly 40% of couples reported that financial stress had negatively impacted their marriage. Furthermore, economic factors can delay divorce for some, as individuals feel financially unable to support themselves independently.

In this context, couples are increasingly mindful of the costs associated with divorce. Budget-conscious divorces often prioritize alternative dispute resolution methods, such as mediation, over costly litigation. Mediation allows couples to control the pace and focus on cost-effective solutions, making it a valuable option for those facing financial uncertainty.

5. Custody Arrangements Are Becoming More Flexible

Historically, custody arrangements often favored mothers as primary caregivers, with limited visitation for fathers. However, this trend has shifted dramatically over the past decade. Today, nearly 50% of divorcing parents share joint custody, reflecting a growing recognition of the importance of both parents’ roles in child development. Many family courts now prioritize joint custody arrangements whenever possible, aiming to support children’s best interests through balanced parenting time.

This shift has led to more flexible and customized custody plans, allowing families to create schedules that accommodate work commitments, school activities, and special events. At the Law Office of Joanne E. Kleiner, we emphasize child-centered solutions in divorce mediation, helping parents work collaboratively to develop a plan that prioritizes stability and well-being.

6. Digital Communication and Online Mediation Are on the Rise

As technology continues to shape every aspect of our lives, digital communication has entered the world of divorce proceedings. Virtual mediation has gained popularity, allowing couples to participate in mediation sessions from their own homes. Online mediation provides a convenient, accessible option for couples who may be living in different locations or facing travel limitations.

Studies indicate that online mediation is just as effective as in-person sessions, with some couples finding the virtual format reduces emotional tension. According to a 2022 survey by the International Mediation Institute, over 70% of participants reported high satisfaction with online mediation. For couples who value privacy, convenience, and reduced face-to-face confrontation, virtual mediation can be a highly effective solution.

7. Mental Health Awareness is Redefining Divorce

Mental health awareness has become a more significant factor in divorce and co-parenting arrangements. Couples are increasingly aware of the impact of stress and conflict on their mental health, as well as on their children’s emotional well-being. Mental health considerations play a role in parenting plans, with many parents opting for family counseling to support their children during the transition.

The Law Office of Joanne E. Kleiner recognizes the importance of mental health in divorce proceedings. We work with a network of counselors, therapists, and mental health professionals to ensure that clients have access to the emotional support they need. Our approach is designed to create a supportive environment that prioritizes mental wellness for all family members.

8. DIY Divorces and Limited Scope Representation

A final trend involves the rise of “DIY divorces” and limited scope representation. Some couples, particularly those with simpler financial situations and no children, are opting for do-it-yourself divorces to cut costs. Limited scope representation allows couples to handle certain aspects of their divorce independently, with an attorney’s guidance only for specific parts of the process.

This trend reflects the growing demand for affordable, flexible legal solutions. However, DIY divorces come with risks, and mistakes in documentation or filing can lead to future complications. If you’re considering limited scope representation, the Law Office of Joanne E. Kleiner can provide the legal advice you need to protect your interests, while keeping costs manageable.

What These Trends Mean for Couples Considering Divorce

The evolving landscape of divorce offers more choices than ever before. Whether it’s the option of joint custody, the flexibility of virtual mediation, or the support of collaborative divorce, couples today can approach divorce with greater control and less conflict. At the Law Office of Joanne E. Kleiner, we stay current with these trends to provide our clients with modern, effective solutions tailored to their needs.

If you’re considering divorce or need guidance on child custody, asset division, or mediation, our team is here to support you. With over 35 years of experience in family law, we bring a results-oriented, compassionate approach to every case. Schedule a confidential consultation by calling us at 215-886-1266 or contact us online to learn how we can help.

Final Thoughts

As divorce trends continue to evolve, understanding the options available to you is essential. From the rise of virtual mediation to the growth in joint custody arrangements, today’s divorce landscape is more flexible and supportive than ever. By staying informed, you can make decisions that protect your interests and create a stable foundation for the future. Let the Law Office of Joanne E. Kleiner guide you through this journey with expertise, dedication, and a commitment to achieving the best outcome for your family.

Dec 13

7 Reasons Why Women Are More Likely to Initiate Divorce

The divorce rate for first marriages in the United States remains at a high level, and more than two-thirds of those divorces are initiated by women. There are several reasons why women are more likely than men to initiate a divorce and why working with a divorce lawyer can help to secure a comfortable future.

1. Lower Marriage Satisfaction

Although some women want to enter marriage more than men, once they are married, they might be less likely to be satisfied. Low marriage satisfaction involves many factors, including a lack of respect, insufficient trust, a decrease in shared interests, different political ideologies, poor emotional connection, and not enough affection. Incompatibility also plays a role in marital dissatisfaction. Women tend to want compatibility on more of life’s important issues than men.

2. Less Financial Harm Than Expected

In previous generations, few women worked after marriage. This is no longer the case. Today, divorce causes less financial harm to women than they might expect. While women on average still earn less than men, even in the same career or job, they are less likely to be in dire financial straits after a divorce than they were decades ago. Increasing educational levels and a greater number of women in the workforce mean that a divorced woman can provide for herself in many cases.

3. Reduced Reliance on Men

Women no longer have to rely on men for access to resources. When looking at human evolution, females tended to stay closer to home, tend to the children, gather nearby food and water, and handle the domesticated animals while males traveled a greater distance to hunt and secure other resources. Today, women have more access to resources. Laws passed in the last century allow women to have a bank account and credit card without a man’s permission. Women can also sign a lease, buy a home, and take out a loan without a male co-signer.

4. More Self-awareness

Past generations of women were taught to cater to the needs of men. This started from a young age when girls had to serve their brothers or father at home. Today, more women are taught to be self-reliant and self-aware. This greater sense of independence means women aren’t as afraid to be divorced.

5. Social Changes

Society doesn’t look down on divorced women like it used to. Birth control and access to education have allowed women to take charge of their futures. These social changes reduce the guilt that women feel for wanting out of their marriages.

6. Mismatch in Marriage Benefits

Heterosexual marriage remains a gendered institution. After a man and woman get married, the man reaps more benefits than the woman. Social expectations typically result in married women doing more hours per week of household chores and childcare than married men, even if both partners have full-time jobs. This often leads to a buildup of stress, frustration, and resentment that eats away at the core of the marriage.

7. Out-of-court Options

Today’s divorce process offers more out-of-court settlement options compared to what women could access a generation ago. It is often no longer necessary for a divorce lawyer to litigate a case in court. By choosing other options, such as mediation or collaborative law, women can keep their personal business out of the public’s eye. These alternatives can cost less, require less time, and help to improve communication for future co-parenting and other needs.

When you’re considering a divorce, a no-court option may be a helpful solution. Staying out of court takes some of the stress out of the process and may help you set up a collaborative communication system for the future. Consulting with divorce lawyer Joanne Kleiner provides you with information about your rights and how Pennsylvania divorce cases work so that you can make an informed decision about how to move forward. To make an appointment, call the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania at (215) 886-1266. You may also request a consultation by completing our contact form, and an associate from our office will reach out to you.

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.

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.