Law Office of Joanne Kleiner

settlement negotiations

Apr 08

Preparing for Divorce as a Non-working Spouse

How to Approach Divorce if You Are a Non-working Spouse

Divorce can be a lengthy and costly process, and it comes with financial and emotional consequences. For non-working spouses, who often have devoted years to being homemakers, it can be scary as well, as the uncertainties that they face can seem overwhelming. However, they do have options that they should consider as they prepare and begin planning for life post-divorce.

Getting Back on Your Feet Can Take Time

When a marriage ends, you might feel like you want to rush into your new life and forget the past, but the divorce process takes time, and you will need the patience to go through it. The decisions that you make during this period might affect you for years to come, so make sure that you prepare well for it.

You will also need to begin preparing for your life post-divorce, and if you were the non-working spouse, you might worry about how to do this. If you have been out of the workforce for a long time, you might think you need to take the first job you can. However, during and after the divorce itself, you might also look at training and education options that will help you with your employment opportunities. This will take time, but it might result in a better paying and more satisfying job in the long run.

Preparing for the Divorce Negotiations

During this time, you might benefit from seeking guidance from a divorce lawyer, who can help you prepare for the negotiations over your settlement. At thi8s time, you will need to gather financial documents to get a clear picture of the type of settlement that will be just. Some of the documents you might gather include:

  • Bank statements for your savings, investment and checking accounts
  • Credit card statements
  • Vehicle titles and loan statements
  • Property titles and mortgage information
  • Retirement accounts, pension plans and insurance statements

Financial Options for Non-working Spouses During Divorce

You might still be worried about how you will support yourself as you acquire new skills, and this might make you afraid of the future. However, you do have financial options available to you that will help you get back on your feet financially, such as benefits from your divorce settlement, alimony or spousal support and child support.

While alimony payments might eventually run out and child support is used to cover the needs of your child, your settlement might also yield benefits that can help you as you transition back into the workforce. A divorce lawyer might help you understand your financial options.

Making the Tough Decisions

Divorce is also a time when you will have to make tough decisions that will impact you and your family. One of these might be whether to keep the family home or not. For example, for a non-working spouse, it might not be financially feasible to keep the house, so the decision might have to be to give it up during the settlement negotiations or to sell it and receive your part of the proceeds. You need to be prepared to make these tough decisions as you move forward with your life.

Dealing With the Emotional Impact

Like any other major change, divorce comes with an emotional impact. You might experience fear about what is coming and anger about what is ending. You will have periods of anxiety for the future while also being excited about leaving a bad situation. You will grieve for the relationship, the family and the life plan that you have to let go of to begin life after divorce. To deal with this impact, you might gather a support team made up of family members and friends who let you speak and listen to you, and you might seek professional support through therapists or psychologists.

Let the Law Office of Joanne Kleiner Help You

If you are considering divorce, you can contact the Law Office of Joanne Kleiner to request a consultation. Call 215-886-1266 or submit our online form today.

Oct 22

How to Negotiate a Divorce Settlement With Your Spouse

Tips for Negotiating Your Own Divorce Settlement

A pro se divorce is a divorce in which one or both spouses represent themselves. Divorce lawyers generally recommend a collaborative divorce as an alternative, but if you do represent yourself, there are certain strategies you can employ to help ensure a successful divorce settlement.

Research Your Legal Rights and Responsibilities

You and your spouse have certain legal responsibilities that cannot be negotiated away. An attempt to do so will result in refusal of the proposed divorce settlement agreement by the judge. It is also essential that you understand your legal rights because it is possible for you to negotiate them away.

Check Your Emotions

No matter how amicable, a divorce will be an emotional affair. A potential benefit to retaining the services of a divorcee lawyer is that it helps to eliminate the excess emotions. However, emotions are not necessarily bad. They are only problematic when you let them get in the way. Think positive. Get ample rest. Exercise and eat well, and if you ever feel overwhelmed, take a break from the negotiation in order to reboot.

Set Mutual Ground Rules

Negotiation should start with agreeing on ground rules. Determine when, where and how you will negotiate. Agree on a neutral site. Establish a timeline and a deadline.

Be Flexible

In order for a divorce to be amicable, it is important to be flexible and to work to ensure that any agreement benefits both you and your spouse. Keep an open mind. Brainstorm alternatives when there seems there are none, and be willing to concede at times. You both will have to.

Negotiate Based on Interests

A common mistake when negotiating a divorce with a spouse is bargaining from a position rather than what your interests are. If you focus on what is important to you rather than what you have a right to, you may relinquish your position at times, but you will likely gain more ground and at a faster pace.

Identify Needs and Wants for Both Spouses

Not only is it useful to negotiate based on your interests but the interests of your spouse. Wants are important, but needs are integral. If your spouse has a need and you seek to negotiate a settlement that does not meet that need, you likely will not be successful, and you will at the very least fail your spouse.

Know Your Finances

Another common mistake is not having a full appreciation of your finances, and it is not uncommon in marriages for one spouse to have much greater awareness of the money situation than the other. This lack of knowledge puts you at a disadvantage and could lead to a wide range of bad decisions.

Recognize Your Best and Worst Alternatives

BATNA and WATNA are negotiating concepts that apply to divorce settlements, and they are acronyms for best and worst alternative to a negotiated agreement. What if the negotiation fails? What are the worst things that could happen? The answer to that question is often enough motivation to help reach a compromise.

Determine Your Bottom Line

Determine the aspects of any agreement that you simply cannot live without. Explain those to your spouse and have him or her do the same. Make sure that your bottom line is realistic, and be willing to walk away if your spouse is not willing to reach a bottom line that is fair and practical.

Always Have a Plan

Have a plan in place even before you agree on the ground rules. Be open to the idea that your plan will change. Determine your bottom line, but try to recognize your spouse’s bottom line and all the areas in which you can be flexible. Also, consider contingencies for those times when things do not go as expected.

Protect Your Interests and Legal Rights

If you are considering divorce or if your spouse has already filed, the Law Office of Joanne E. Kleiner is here to help. Schedule a consultation with a divorce lawyer through which we can assist you in determining the best path for you and your family. To do so, you can contact us online, or call our Jenkintown office at 215-886-1266.

Oct 20

Don’t Rush Into a COVID-19 Divorce

Ready to Divorce After Quarantining? Consider These Three Things First

When U.S. cities and states began implementing COVID-19 quarantines in March, many relationship analysts predicted that marriages would suffer under the strain. Now it appears that gloomy forecast could be coming true. A recent online survey found that 31% of couples believe the quarantine caused irreparable harm to their relationship.

It’s No Surprise Divorce Rates Are Up

Family law attorneys and marriage counselors say it’s easy to understand why the quarantine was hard on relationships. The hustle and bustle of everyday life made it easy for some couples to ignore relationship warning signs. However, once they were forced to spend weeks or months in a confined space together, they could no longer escape their relationship problems. Add stresses like financial worries, unemployment fears, boredom and health anxieties to the mix, and many couples were pushed to the breaking point. Internet statistics show that divorce-related web searches spiked during the lockdown period, and divorce attorneys across the country are reporting an uptick in divorce inquiries compared to previous years.

If your marriage suffered during the pandemic, you may be ready to call it quits. However, there are three important things you should consider before making your divorce legal.

1. Is This Is Really the End?

Divorce can be a long, disruptive and expensive event. If there is any chance that you can reconcile with your partner and work toward a happy marriage, you may benefit from doing so. Marriage counseling could help you and your spouse resolve conflicts and get your relationship back on track. Many therapists offer virtual sessions, which is ideal for couples who are still in quarantine or want to maintain social distancing. However, not all marriages can be saved. If you believe your relationship is beyond repair, it’s better to end things and move on. You can start the process by contacting a Pennsylvania divorce lawyer and scheduling a consultation.

2. Understand That Your Life Will Change

Once you decide to divorce, you need to understand that your life will never be the same. The end of a marriage marks the beginning of a new life. Some of the changes will be good, but some could be unexpected and painful. For example, you may feel relieved when your partner moves out of the family home, but you might also find it difficult to maintain the property on your own. Meanwhile, you may love the peace and quiet that comes with separation, but you might struggle with your new identity as a single person or find that you lose friends over the split. Divorce causes many conflicting emotions and unforeseen social changes, and you need to be prepared for all the ways it could impact your life. A divorce lawyer might be able to help you identify some of these changes and make sure they are addressed during settlement negotiations.

3. Get Your Finances in Order

Even in the best of times, divorce is expensive. However, the COVID-19 pandemic could add an extra layer of financial risk. The threat of unemployment, rising health care costs and depleted retirement accounts could make it difficult to fairly divide assets. Because of this, it is essential that you fully understand your financial situation, including your income, assets and liabilities, before you enter divorce negotiations.

You need to create a realistic post-divorce budget and determine how you will pay for it on a single income. It might be necessary to change jobs, move into a smaller home, reduce discretionary spending or sell assets to stay within your means. Whatever the situation, having a clear financial picture will make it easier for you to negotiate a fair divorce settlement. It will also help you set realistic expectations for your post-divorce life.

The Law Office of Joanne Kleiner could help you navigate your divorce during the COVID-19 pandemic and offer essential advice on asset division, child custody, child support, spousal support and other important divorce legal issues. To set up a consultation, please contact us through our website or call our Jenkintown office at (215) 886-1266.