Law Office of Joanne Kleiner

spousal support

May 04

How Do Traditional Court Divorces Differ From Collaborative Divorce?

How Do Collaborative and Traditional Divorce Differ?

It’s never an easy decision to seek a divorce. However, there are different options available for couples who find that they can no longer salvage their marriages. Traditional court divorce and collaborative divorce are among them, but it’s helpful to know the differences between them.

What Is Traditional Divorce?

With a traditional divorce, one spouse files for divorce against the other while the other spouse may not want the divorce at all. This often leads to court proceedings. When there is a lot of animosity between the parties, it can lead to an emotional, long, drawn-out situation that’s uncomfortable. This is especially the case if the marriage involves children.

After one spouse files for divorce, the other is served the papers and is required to answer. The reason for the divorce that is usually specified by the plaintiff in a no-fault divorce is that the marriage has irretrievably broken down, although there are a number of “fault” grounds such as adultery if that is the path that is taken.

A traditional divorce involves disputes over many different matters within the marriage. It’s common for couples to disagree on issues like property division, spousal support or alimony, child custody and child support.

In traditional divorce proceedings, each spouse will likely want to have a divorce lawyer to represent them. The attorneys work hard to help the parties through the most important matters they cannot agree on. A judge makes the final decision on how property is distributed through the state’s equitable distribution laws. This means that all marital property and assets are divided fairly but not necessarily equally.

What Is Collaborative Divorce?

Collaborative divorce is an alternative option for ending your marriage. If the couple has an amicable split, collaborative divorce can work as it allows them to work together with their respective family law attorneys to decide on all the pressing issues within the marriage. While working together, you can ultimately come to a settlement that works for you and your spouse.

Negotiation is the key to a collaborative divorce proceeding. The spouses and their respective lawyers have periodic meetings until they are able to reach an agreement and a settlement. However, with collaborative divorce, if you aren’t able to settle all matters and you proceed to litigation, your attorneys are required to withdraw from the case, you each will have to hire a new divorce lawyer, and your case ends up going to court.

How Do These Two Options Differ?

Traditional court divorces and collaborative divorce are considerably different. Collaborative divorce can only occur when a married couple is open to working together to settle things. It’s a better option for getting a divorce faster and is better as a whole for your family. It’s called “collaborative” because of the way that both parties work together.

Collaborative divorce is often confused with divorce mediation. While both give couples the option of working together to settle their divorce, collaborative divorce does not involve a neutral third party to help the parties reach an agreement. Legal advice comes from the attorneys, which is something this method shares in common with traditional divorce. Other professionals might also be brought in to assist in helping the parties reach an agreement on specific matters. These professionals have expertise in areas of concern within the marriage such as a financial advisor or child psychologist.

With a traditional divorce, it’s common for the spouses to argue and have heated battles on issues. Collaborative divorce allows for the free exchange of information while agreeing to work together to settle things. It is also generally a less-costly process than a traditional court divorce.

Is Collaborative Divorce Right for You?

Collaborative divorce might be right for you if you and your spouse are willing to work together to negotiate all the terms of the end of your marriage. If you want a process that’s faster, private and confidential and that protects your children, you can benefit from this alternative method. Collaborative divorce allows you and your spouse to both take control over the eventual outcome and settlement.

If you live in or near Jenkintown, Pennsylvania, and are interested in learning more about the collaborative divorce process, give the Law Office of Joanne Kleiner a call at (215) 886-1266. You can also contact us online, and we’re happy to set up an appointment for you.

Dec 02

What Are the Differences Between Getting an Annulment and a Divorce?

Key Differences Between an Annulment and a Divorce

If you’re considering ending your marriage with the assistance of a divorce lawyer, you’re not alone. In the USA, about 50% of marriages end in divorce. Second and subsequent marriages have even higher divorce rates, and understanding the difference between an annulment and a divorce will help you make the best decision for your personal and financial future.

Invalidation of the Marriage

The biggest difference between a divorce and an annulment is that an annulment declares the marriage to have been legally invalid. A divorce is the ending of a legally valid marriage. By declaring a marriage invalid, an annulment is like erasing a marriage. However, the legal marriage records still remain on file in the courts. A religious annulment has no legal standing. If you want a legally binding annulment, this requires a court process.

Legal Termination of a Valid Marriage

A divorce is the legal termination of a valid marriage. The divorce decree states that both parties are single again. It ends all of the legal rights and obligations that married spouses have to each other. It also ends the legal benefits of a marriage, such as health care and survivorship benefits.

Reasons for a Divorce

Courts accept a wide variety of reasons for a divorce. The most common type of divorce is a no-fault divorce. This means that neither party is the cause of the ending of the marriage. “Irreconcilable differences” is the most frequently cited reason behind a no-fault divorce.

Pennsylvania law allows you or your soon-to-be-ex-spouse to file for a fault divorce. A fault divorce entails proving that the other party in the marriage acted in a way so as to end the marriage. Some reasons for a fault divorce include adultery, domestic violence, and cruel treatment. In a fault divorce, there are differences in the divorce settlement. For example, the spouse who committed adultery may be ineligible for alimony. The other spouse will have to prove to the court that the adultery took place in order to be granted a fault divorce.

Reasons for an Annulment

You may consider filing for an annulment if you or the other party believes that the marriage should never have taken place. For example, you may have gotten married by the justice of the peace after going on just two dates with your spouse. If you decide this marriage should never have taken place, filing for an annulment is a way to erase the marriage. Other reasons for an annulment include the discovery of secrets. If you would have had access to this information at the time of the marriage, you would not have gone through with it. For example, if your spouse had a child and didn’t tell you about them, this may be a reason for annulment.

Legal Grounds for Annulment

Pennsylvania courts also offer legal grounds for annulment that are not available for divorce. For example, if the marriage is incestuous or if one or both of the spouses were not legally old enough to marry, these are grounds for an annulment.

Eligibility for Alimony

After an annulment, neither party is eligible to receive alimony or spousal support. After a divorce, one of the parties may be able to receive alimony. Alimony may be granted if one person was a stay-at-home spouse or parent, cannot work, or earns significantly less money than the other spouse.

A consultation with a divorce lawyer in Jenkintown, PA, makes it easier to understand the options for ending your marriage. After consulting with a divorce attorney, you’ll have peace of mind knowing that you explored all of the options and made the best possible decision for your future. For more information about the differences between an annulment and a divorce, contact the Law Office of Joanne Kleiner at 215-886-1266, or fill out our online form today.

Sep 19

The Impact of COVID-19 on Child Support and Alimony Orders

How COVID-19 Is Impacting Child Support and Alimony Orders

This year, the spread of COVID-19 brought most areas of everyday life to a screeching halt. With more than 45 million Americans filing for unemployment at the beginning of state-ordered shutdowns from mid-March to early April, most households have experienced a change in their employment and, possibly, their finances. Changing finances can affect the households of divorced couples and parents who have informal or court-ordered financial support arrangements in place.

How Covid-19 Is Affecting Spousal and Child Support

Recent spikes in unemployment have caused many people’s incomes to decrease rapidly and unexpectedly. For custodial parents and recently divorced individuals, a sudden reduction in their household income makes child support and alimony payments even more critical for maintaining their lifestyles. At the same time, parents and former spouses who are required to make maintenance payments may find themselves struggling to meet their financial obligations. As a result, both sides are more likely to find themselves seeking legal recourse.

Impacts on Child Custody Arrangements and Visitation

COVID-19’s effects extend beyond financial support orders. People who have court-ordered visitation agreements may be unable to follow their regular schedules due to travel restrictions and health advisories. Parents who typically meet their children in public settings during visits or to exchange custody may find it challenging to find a mutually convenient, safe setting in which they can have visits or pick up their children. In addition to parents facing logistical challenges, courts and administrative agencies must also develop solutions to compliance-related questions.

What Can Custodial Parents and Formerly Dependent Spouses Do?

Every case is different. Therefore, parents who have custody of their children and individuals who receive spousal support should immediately notify their attorneys if COVID-19 is disrupting their child support or alimony payments. In cases in which both adults can communicate civilly, both parties may be able to work out temporary arrangements and abide by them for as long as the pandemic impacts their original agreement. Parties that can agree to modify their agreement should contact their respective lawyers and put the new terms in writing.

What Can Noncustodial Parents and Former Spouses Who Pay Alimony Do?

Parents and individuals who are ordered to make support payments to their former spouses and/or their children may get a reprieve by requesting a modification. If the paying party is unable to agree with the receiving party to temporarily amend the current support order’s terms, the paying party may unilaterally seek a modification in court by filing a motion. To file the motion, the party who wishes to seek a modification should contact a divorce lawyer or, if the parties were never married, a family law attorney who specializes in child custody cases.

Jurisdictional Changes Due to COVID-19

Several jurisdictions across the U.S. are making adjustments to their standard procedures due to the impact of coronavirus. Courts are closed due to social distancing orders. In many cities and states, administrative staff members work remotely and may have modified office hours. Court closures and staffing limitations have led to delays in hearing schedules, and court access may be much more limited than under ordinary circumstances. The responses from different states have been mixed. In some states, courts may be shut down completely, which may result in compounding debt for noncustodial parents who have recently lost their jobs due to the impact of COVID-19 on business operations.

Legal Advice for Support Orders Affected by COVID-19

Whether you have been ordered to make maintenance payments to a spouse or support payments for a child or if you are the court-ordered recipient of support payments, the first step toward seeking legal remedy to challenges presented by COVID-19 is to contact a divorce lawyer. Your attorney will know about the latest updates on how your jurisdiction is currently processing cases that involve support orders. Our Jenkintown, Pennsylvania, divorce lawyer can help you navigate even the most contentious situations while protecting your rights. Call us today at (215) 886-1266 for a case evaluation.