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Name: Law Office of Joanne Kleiner
Address: 261 Old York Rd., Ste. 402, Jenkintown, PA, 19046, US
Telephone: 215-886-1266

Jul 20

The Benefits of the Collaborative Approach to Divorce

A divorce proceeding is commonly perceived and contentious and messy, but it doesn’t necessarily have to be that way. After all, that will likely just end up costing you a lot of time and money. If you’re done, and you want to move on with your life, using the collaborative approach to divorce can speed up the process, cost you less money, and help keep your blood pressure down.

In the collaborative process, you’ll still be represented by legal counsel, but you and your attorney will agree with your ex and his/her counsel (usually in writing) that you’ll work together to resolve all your differences without the intervention of the court. Instead of spending your time and energy taking sides and trying to figure out how you can come away with as much as possible, you’ll be encouraged to work cooperatively with your ex to find mutually beneficial solutions. When dealing with complex or challenging issues, it’s not uncommon for parties in a collaborative proceeding to bring in experts, such as child psychologists, accountants or financial planners, to identify workable solutions.

As a part of the agreement, it’s typical that, should you be unsuccessful in your efforts and require an adversarial proceeding in court to settle any disputes, your collaborative process attorneys will withdraw from your case, so that you will need to hire new counsel for any hearings or proceedings involving the court.

If you are successful in the collaborative process, you’ll work with your ex and with attorneys to prepare and sign an agreement stating all the terms of your settlement. That agreement must typically be reviewed and approved by the court and entered into the record of your divorce.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Jul 03

Happy Independence Day

Jul 01

How Child Support is Calculated in Pennsylvania

If you have filed for divorce or have been served with a divorce complaint and there are minor children in the home, one of your first questions will involve child support. Under what circumstances will the court order the payment of child support, who will be required to pay, and how is child support calculated?

Who Pays Child Support?

In Pennsylvania, the parent of a child can request an order of support, whether or not a divorce complaint has been filed, and whether or not the parents were ever married. The support order typically follows on the heels of a custody order. If the court grants physical custody to one of the parents, that parent becomes entitled to support payments. In situations where the parents are not married, the court may require a paternity test before ordering support. It’s important to understand that you can be ordered to pay support, even if you are unemployed, provided you are the non-custodial parent. In addition, it doesn’t matter if the custodial parent makes more money than the non-custodial parent. Child support is intended to ensure that both parents contribute to the financial needs of the child.

The Calculation of Child Support

Either or both parents may be ordered to pay child support, with the court considering the following factors when determining the amount of support:

The net income of each parent
The earning capacity of each parent
The assets of each parent
Any unusual needs of the parent or child
Any extraordinary expenses

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

Jun 20

How Does Equitable Distribution Work in Pennsylvania?

In Pennsylvania, in a divorce proceeding, the principle of equitable distribution applies to the allocation of all debts and assets accumulated during the marriage. You and your spouse may amicably work out a property settlement, but the court will still have the authority to review that agreement and revise or reject it if there is any perception of duress, undue influence or misrepresentation.

The first thing to understand about equitable distribution is that the word “equitable” means “fair,” not equal. As a practical matter, dividing the debts and assets equally may be the fair way to settle the marital estate, but the court has latitude to deviate from that approach, based on a number of factors, including:

How long the parties were married
Whether or not either party was previously married
The age, health, station in life, sources of income, employability, vocational skills and other needs of each party
Any contribution either party made to the other’s education, training or increased earning power
Value of any property set apart to each party
The standard of living to which the parties were accustomed during marriage
The involvement of both parties in building or dissipating marital assets

Whether one of the parties will have physical custody of minor children

It’s also important to know that Pennsylvania characterizes property as either marital property or separate property. Separate property is generally property brought into the marriage by a party, acquired by gift or inheritance, excluded in a valid prenuptial agreement, or acquired after separation. For purposes of equitable distribution, separate property is excluded.

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. Contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.

Jun 05

The Impact of a Custody Battle

Many parents who contest a court’s custody ruling, or who engage in long and protracted proceedings to establish custody and visitation arrangement will tell you that they are doing it “for the benefit of the children.” There are certainly instances where one parent must do whatever is necessary to ensure a safe outcome for children—if there’s domestic violence, alcohol or drug abuse, for example. In most cases, though, their actions are ultimately counterproductive, draining precious resources that could be better spent on the children or on improving their lives.

Here are the most frequent consequences of an unnecessary custody battle:

One or both parties spend money they can’t afford to spend—It may be money that would be used to buy clothes and food, to live in a better house, or to fund a child’s college education. Attorney’s fees can be substantial, even if the skirmish is short-lived.
The tension and conflict between the parties increases—When you are on opposite sides of an argument, it’s hard to find ways to agree…which is often in the best interests of your children. Not only will it have an impact on your health—medical professionals have long known that stress and anxiety are bad for you—but your kids will be well aware of what’s going on and will feel in the middle (or even to blame).
Co-parenting becomes difficult or impossible—Even if the issues you need to resolve involve only your children, it will be hard not to inject some of your dispute or animosity with your ex into the process. In the aftermath of divorce, your children need stability and consistency—a custody battle makes those objectives difficult to attain.
Your children will suffer—If you and your ex are taking side, your children will feel compelled to as well. They love both of you, so they’ll struggle to make both of you happy—an unattainable goal.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

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