Law Office of Joanne Kleiner

what is a collaborative divorce

Nov 01

Answers to Questions About Collaborative Divorce

Collaborative Divorce in Pennsylvania: FAQs

According to a 2019 statistical survey, Pennsylvania’s divorce rate is 2.6, meaning an average of 2.6 residents out of 1,000 end their unions each year. But every dissolution of a marriage doesn’t have to be War of the Roses 2.0, and increasingly, people are choosing the collaborative divorce route.

What Is a Collaborative Divorce?

A collaborative divorce is an excellent option for people who want to avoid court. Instead of attending hearings in front of a judge, the two parties use mediation and joint negotiations to craft an agreement. When both parties sign the terms, the lawyers oversee the legal legwork, and nobody ever has to step foot into a courtroom.

When Was Collaborative Divorce Legalized in Pennsylvania?

Gov. Tom Wolf signed the Pennsylvania Collaborative Law Act on June 28, 2018. The statute made collaborative divorce a viable option in the Keystone State.

Can We Use One Lawyer in a Collaborative Divorce to Save Money?

No. Although both attorneys work together in collaborative divorces, each party needs their own divorce lawyer to represent their best interests. Otherwise, conflicts of interest could arise.

What Other Professionals Are Involved in the Collaborative Divorce Process?

In some cases, a team of experts may be brought in to facilitate negotiations. Typically, accountants or investment planners participate in the process. If you need to establish a co-parenting schedule, you may want to enlist a child psychologist or counselor.

Are Collaborative Divorce Negotiations Confidential?

Yes. In the overwhelming majority of cases, collaborative divorce negotiations are confidential. Moreover, both parties agree to not file court pleadings unless the process proves unsuccessful.

What Are the Stages of Collaborative Divorce?

Each divorce is different, so it’s impossible to give a play-by-play of how every divorce will unfold. Some couples may only need to go through four stages to get it done, and others may need eight. But the average collaborative divorce case cycles through the following six steps.

  • Step 1: Hire lawyers
  • Step 2: Sign the collaborative divorce agreement
  • Step 3: Choose the professional team that will participate in negotiations
  • Step 4: Engage in discussions and meetings
  • Step 5: Sign the divorce settlement
  • Step 6: Lawyers prepare the papers for the official divorce documents

How Long Will a Collaborative Divorce Take?

Again, every case is different. Some people are able to finalize their divorces within a few weeks, and others take months. The process is significantly shorter if you don’t have kids or many assets. Generally speaking, however, collaborative divorces move at a faster clip than litigation.

What Are the Benefits of Collaborative Divorce?

Collaborative divorce has many benefits, including:

  • More control over the process
  • No court-related scheduling issues
  • Increased confidentiality
  • Less stress/more amicable

For some families, the collaborative divorce process proves easier on the children.

What’s the Difference Between Collaborative Divorce and Mediation?

The mediation and collaborative divorce processes are very similar. The main difference is that third-party negotiators guide mediations, and collaborative divorces involve lawyers.

What Happens If Collaborative Divorce Negotiations Don’t Work?

If you and your spouse go through the collaborative divorce process and cannot reach an agreement, you can dissolve the negotiations and head to court. If you take that route, however, both of you must obtain new lawyers, as the original attorneys are required to withdraw.

Do Collaborative Divorces Cost Less Than Traditional Ones?

Each situation is different. For many people, collaborative divorces cost less than litigation. But if the negotiations are complicated, the price tag for both could be comparable.

For some Pennsylvania couples, collaborative divorce may be the way to go. To explore your options, consider speaking with a divorce lawyer at the Law Office of Joanne Kleiner. You can reach us by calling our Jenkintown office at (215) 886-1266.

Apr 29

Can You Benefit From a Collaborative Divorce?

Is a Collaborative Divorce Right for You?

Dealing with a divorce is never fun, but it does not have to be frustrating and upsetting. Thanks to the innovative techniques of collaborative law, it is possible for divorcing couples to compromise and find win-win solutions. While the average collaborative split is completed four times faster than a litigated divorce, there are a few things you need to consider before deciding if you want to go with this option.

What Is a Collaborative Divorce?

Before you can decide if you want to follow this route, it is helpful to learn a little about what a collaborative divorce is. This type of separation uses concepts from mediation and traditional court divorces. It involves each party getting their own attorney, signing a contract agreeing to work together without involving the court, and then meeting with financial, legal, and child care specialists to negotiate a mutually beneficial agreement.

Does Divorce Type Affect Collaboration?

If this sounds good to you, it is time to figure out whether you qualify for a collaborative divorce in Pennsylvania. In the commonwealth of Pennsylvania, divorces can be divided into three basic categories:

  • Mutual consent divorces where both people agree to the split
  • At-fault divorces where one party is in the wrong
  • Separation divorces where the couple has been separated for at least two years

Legally speaking, a divorce based on mutual consent or spouses living separately can be done collaboratively. By definition, an at-fault divorce requires a hearing before a judge to prove that one spouse is at fault. Therefore, you cannot get a collaborative divorce if you want to pursue this route.

Does Your Spouse Have to Agree to Collaboration?

Like the name implies, this style of divorce only works when both parties are willing to collaborate with each other. You and your spouse both have to agree to work together without involving the court. This means that you might have to put aside old arguments or hurt feelings. For the process to work properly, you both need to be ready to communicate with each other. A collaborative divorce is more likely to work when both parties want to cooperate with each other and focus on providing for their children’s well-being and equitably splitting joint property. Though a collaborative divorce is a great option, it usually will not work if one partner is abusive, does not want a divorce, or wants to make things unpleasant for their ex. If you try a collaborative divorce with someone like this, you may end up having to give up, get new attorneys, and settle the situation in court. 

Do You Prefer a Convenient and Cost-Effective Divorce?

The final step in deciding if a collaborative divorce will work for you is figuring out whether you want to receive the benefits of working with a collaborative divorce lawyer. Statistics show that a typical litigated divorce will cost around $14,000 to complete. The average collaborative divorce will cost closer to $9,000. If your main goal is getting back at your spouse or taking all their money, collaboration is not for you. However, you may decide to work with a collaborative divorce lawyer if you want to:

  • Save time and money on your divorce
  • Avoid a court case where you have to share personal information in public
  • Create an agreement that works for you and your family
  • Find unique solutions instead of having a judge give you a one-size-fits-all ruling
  • Keep a positive and emotionally healthy mindset
  • Avoid petty arguments and accusations

Situated in Jenkintown, Joanne Kleiner & Associates is committed to helping the residents of Montgomery, Bucks, and Philadelphia counties with the divorce process. Our lead attorney has spent over 25 years refining collaborative law and other techniques that help provide a more efficient, stress-free, and budget-friendly divorce. Give us a call at (215) 886-1266 or fill out our online contact form to learn more about how we can help you.