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Divorce and Family Law Office of Joanne Kleiner

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Mar 05, 2024

Debunking Common Myths About Divorce Mediation

Roughly half of all marriages in the United States end in divorce, and divorce rates are higher among those over the age of 55 compared to all other age groups. While a divorce might have to be resolved in court, it’s possible to do so through mediation. However, it’s important to understand exactly what the process entails so that you can make the most of your time and money spent there.

Not All Mediators Are the Same

It’s true that the mediator that is retained will serve as a neutral party who seeks to facilitate a conversation. However, your mediator’s background will play a significant role in how your case plays out. For example, if you and your spouse are struggling to resolve issues related to property division, it may be best to find a mediator who has experience in the financial sector.

If you’re struggling to resolve issues related to child custody or support, it may be best to work with a child psychologist. Of course, there are mediators who simply serve as neutral parties with no specific professional background.

Mediation Isn’t Just a Way to Save Money

Mediation is often thought of as a process that low-income people use to save money during the divorce process. However, the truth is that anyone can benefit from mediation regardless of their financial status. This is because people of all income levels generally experience the same emotions or have the same general desire to end their marriage as quickly and equitably as possible. Parents also tend to have the same urge to protect their children regardless of how much money they have, and mediation can be an effective way to shield kids from the toxic side of divorce settlement proceedings.

You Don’t Need to Agree for Mediation to Work

Many people believe that mediation only works if you are on the same page about key issues. Of course, if you were on the same page as your spouse, there would likely be no need for mediation at all. In fact, there is a good chance that you would still be together if everything was going smoothly within the relationship.

Mediation allows you to express yourself openly and honestly without feeling judged by your spouse or anyone else in the room. In many cases, the ability to engage in such a manner makes it easier for each side to drop their guard and negotiate in a collaborative manner.

It’s important to understand that the mediator’s role is to anticipate power dynamics within a relationship and work to neutralize them. This means that your spouse won’t be able to use the fact that he or she earned all the money in the marriage as a tool to get you to agree to a bad deal.

There Are No Winners or Losers

You may think that your gender, economic status or other variables might preclude you from getting a fair deal in a mediated settlement. However, the truth is that the mediator will work with both sides to ensure that each person walks away with what they need.

Ultimately, the goal is not to win or lose the negotiation. Instead, the goal is to simply express yourself and to work in good faith with your spouse and the mediator. It is important to note that mediation probably isn’t in your best interest if you or your spouse aren’t interested in reaching a consensus.

Instead, it may be in your best interest to hire a divorce lawyer and head straight to court to have outstanding issues resolved by a judge. However, it’s not uncommon for one or both parties to initially take a cold or condescending approach to mediation before eventually softening over the course of a session or over the course of multiple sessions.

If you are in need of a Pennsylvania divorce lawyer who has experience with the mediation process, don’t hesitate to contact the Law Office of Joanne Kleiner today. You can do so by calling the Montgomery County office at 215-886-1266 or by sending a fax to 215-886-2670.

Feb 09, 2024

Striving For a Simple Divorce

Strive for a Simple Divorce

Getting divorced can be among the most challenging periods in a person’s life, and mental health professionals recommend striving for as simple a process as possible. With the help of a divorce lawyer, you can achieve a simple divorce through a collaborative process, and if you need help agreeing on certain matters, that assistance is available through divorce mediation.

No-contest Divorce

A contested divorce is one in which one of the spouses challenges the divorce either because they cannot agree on a matter, or they simply may not want to end their marriage. In these scenarios, litigation is often required, and a judge hears the case and makes the final decision. An uncontested, or no-contest, divorce is when both parties agree on all matters necessary to achieve the marital separation. As long as the final agreement is legal, the judge will sign the order without interference, and this means that the couple has full control over their divorce.

The Collaborative Process

Even couples that are committed to splitting up amicably will have disagreements. Compromise is necessary, and the collaborative divorce process is how this is achieved. Note that the process is unique for everyone since it needs to be tailored to the specifics of the marriage.

You can navigate this process yourselves, but many couples will have a faster and more successful experience if they have the help of a divorce lawyer who can help them manage the collaborative process. The lawyer does not represent either spouse but rather works with both parties together to ease the collaboration. Of course, each spouse will also have their own lawyer who will represent them specifically and protect their interests.

Divorce Mediation

If a couple is having difficulties agreeing on matters like finances and child custody, mediation can be part of the collaborative divorce process. It is similar to the process discussed earlier except that there is a mediator who takes a more active role in helping the parties reach an agreement.

Divorce mediation can also involve experts. A common example of when this is necessary is when a couple is divorcing but owns a small business together. This will often require a unique and creative agreement that may involve accountants and business advisors.

Divorce Arbitration

Divorce arbitration may be necessary when mediation fails and is often recommended by the courts as an alternative to a trial for a contested divorce. This process is similar to a trial but is not bound to the rules of the court. Arbitrators are typically retired judges and attorneys. One unique facet of arbitration is the arbitrator’s ruling is binding and final, but the approach is far less expensive and time-consuming than a trial in cases where the spouses cannot otherwise agree.

Unbundled Divorce Services

Divorce can be expensive. In fact, the average cost of a divorce for Pennsylvania couples is more than $14,000. It is important to note that divorces that require litigation greatly drive up that amount. Through an alternative process, you can spend substantially less than that even if mediation or arbitration is required.

Another way that you can limit your costs and keep your divorce simple is by paying for only what you need. Some fees, such as the $300 needed to file your divorce are baked in, but most services and expenses are up to your discretion. You can, for instance, ask one of our divorce attorneys to review your marital separation agreement, represent you in court, collect evidence on your behalf, and/or provide overall guidance. You can decide in which of these matters you will want to have legal assistance.

Simple Divorces in Pennsylvania

The Law Office of Joanne E. Kleiner has more than 35 years of experience helping couples achieve simple divorces that are resolved quickly and limit stress and expenses. This includes collaborative divorce and divorce mediation. To meet with a divorce lawyer to discuss your situation, call our Jenkintown office at 215-886-1266 or contact us online.

Feb 05, 2024

Divorce and Mental Health Issues

A Calmer Divorce Option: Settling Your Divorce Out of Court

Major life events can have a significant impact on a person’s emotional well-being. If that person is already struggling with mental health issues, the divorce process and the transition period that follows can be even more difficult. One way of decreasing the accompanying tension and stress is by choosing a divorce method that allows you to settle your case out of court.

Why Divorcing Someone With Mental Health Issues Can Be Challenging

Going through a divorce is difficult for all parties, even if they are the ones initiating the process. The end of a marriage means leaving behind shared goals and plans and is often accompanied by a sense of loss.

When one of the spouses is suffering from mental health issues, the emotions triggered by the divorce can make the process even more challenging. The spouse with mental health issues may attempt to prevent the divorce from progressing or take revenge over perceived wrongs.

If you are the one who initiated the divorce, you may feel guilty about pursuing it and the impact it will have on your spouse’s mental stability. You will likely also be concerned about the effect of the divorce on your children and the possibility of losing your relationship with them.

Parents having a serious discussion with their young daughter, who appears upset and covers her ears, sitting on a couch in a neutral-toned room.


Do Not Let Your Children Get Caught in the Middle

In desperation over the divorce and the coming changes to their life, a parent who is already struggling with a mental health disorder might do things that can significantly harm the other parent, such as accusing them of abuse. They might attempt to alienate the children from the other parent as payback.

While you might feel like you have the right to retribution, it might be best to step back and consider the effect that any actions you take will have on the children, and this can help you prevent them from getting caught in the middle of the conflict.

Preparing to Divorce a Spouse With Mental Health Challenges

If you are in this situation and thinking of divorce, the preparation should begin early. Ideally, you will want to gather evidence that shows the existence of those issues, such as documenting any episodes or ensuring that you have credible witnesses for your interactions.

A divorce lawyer might be able to guide you about ways of interacting with your spouse to avoid further conflicts. Additionally, you might look for ways to lessen the impact of the process on the spouse with mental health issues, including:

  • Gathering a support team, including a therapist who might help you work through your issues to cope with the actions of your spouse
  • Approaching your spouse about the divorce when they are having periods of emotional stability
  • Accepting that you will not be able to change your spouse and focusing on what you can do instead to make the process move forward as amicably as possible
  • Maintaining a friendly tone and outlook about the process, including exploring alternative methods to going to court

Why Staying Out of Court Might Help

A long and expensive litigated divorce might not be best when one of the spouses deals with mental health challenges. The court appearances might just escalate that spouse’s feeling of desperation. However, you might explore alternative conflict resolution methods with your divorce lawyer that might help keep you out of court while resolving your issues more positively. You might consider a collaborative divorce or mediation to resolve your issues.

If you are ready to begin the divorce process and are dealing with a spouse with mental health issues, you need the guidance and support of a lawyer who understands your situation and who might help you choose the right method. At the Law Office of Joanne Kleiner we can assist you with your needs. Call us today at 215-886-1266 to schedule a consultation at our Jenkintown, Pennsylvania office.

Jan 09, 2024

Resolving Your Divorce Through Arbitration

Using Arbitration To Resolve Your Divorce Issues

Many divorces in Pennsylvania involve complex issues that need to be resolved. However, going to court to do so can become public, time-consuming and expensive, with costs ranging from $15,000 to over $100,000. However, choosing arbitration can help you with time, expenses and privacy.

What Is Arbitration?

Arbitration is an alternative method in which the spouses, each represented by their divorce lawyer, present their case to an arbitrator who decides on the divorce issues. Whether that decision is binding or not will depend on the agreement signed by the spouses before the process begins.

Understanding the Arbitration Process

The arbitration process follows specific steps. First, with your divorce lawyer’s guidance, you and your spouse hire an arbitrator to oversee your case. You both then sign an arbitration agreement that states whether you want the arbitrator’s judgment to be binding; that is, that you are not allowed to appeal it or that either one of you can appeal the judgment if you do not agree. This agreement will also include any established rules for the process and the date by which you need the arbitrator to issue its decision. The process then works like a trial, with each side presenting their case, including opening and closing statements. However, since the process does not happen in a courtroom, you do not have to wait for an open date. Instead, an arbitration process might be over in a few weeks. Once both parties present their case, the arbitrator will issue a decision or award. Depending on the arbitration agreement, the parties will either abide by the decision or appeal it.

Finding Your Arbitrator

Your lawyer can help you find your arbitrator for this process. Usually, however, divorce arbitrators are retired judges or lawyers with experience and knowledge about family law, state regulations regarding arbitration and divorce and whom you believe will be impartial and neutral. You should feel comfortable with your arbitrator, finding someone who can communicate openly and easily. Finally, the arbitrator should also be available to work during your timeframe.

Preparing for Arbitration

You and your divorce team should prepare for the arbitration process similarly to the way you would prepare for a court case. You should gather evidence to support your position and then this evidence will be presented to the arbitrator. You should also create a list of witnesses who can further support your position and will be called to answer questions during the arbitration sessions. As part of this process, you might resolve issues such as:

  • Division of assets and debts
  • Child custody and support
  • Alimony

Benefits of Arbitration

Arbitration has grown in popularity as spouses seek ways to resolve their divorce issues outside of the courtroom. Some of the benefits that arbitration provides include:

  • Efficiency and shorter wait time as you do not need to depend on the court schedule to present and resolve your case
  • Cost-effectiveness, as the shorter wait time for resolution also can translate into lower divorce costs
  • Privacy and discretion, as the information on your divorce is not shared in the public forum of the court
  • Amicable resolution to the dissolution of the marriage

Drawbacks of Arbitration

While arbitration can benefit couples, it also has some drawbacks. If you signed a binding agreement, for example, you might not be able to appeal the arbitrator’s decision. On the other hand, you might end up in court anyway if your agreement allows for appeals and either you or your spouse do not agree with the decision, adding to the time and cost of the divorce.

If you want to resolve your divorce issues outside the courtroom and want to learn more about the arbitration process, you can call us at 215-886-1266 to schedule a consultation with Joanne Kleiner at our Jenkintown office. You can also reach out to us through our contact form.

Jan 05, 2024

Mediating a Pennsylvania Alimony Dispute

How Mediation Can Help With Alimony

In 2021, nearly 700,000 divorces occurred throughout the United States. With any divorce, couples have to make a lot of important decisions. Mediation is one way to help alleviate some of the complications of these processes, especially when it comes to alimony.

What Factors Help to Determine Alimony?

Alimony is also known as spousal support. Some common factors that are considered for determining alimony include:

  • The income and earning capacity of each spouse
  • The length of the marriage
  • The standard of living enjoyed by both spouses during the marriage
  • The financial contributions and sacrifices made by each spouse
  • The age and health of each spouse
  • Each spouse’s educational and employment background
  • The distribution of marital assets and liabilities
  • Custody arrangements

While these cases can go through the traditional court system, some couples have opted for mediation instead.

Using Mediation as an Advantage

When determining alimony, the traditional approach has been to go through the courts. However, this process can create and encourage adversarial interactions, even in a previously amicable relationship. In turn, that can increase the stress and tension involved in the divorce.

A more personalized and compassionate approach to divorce is mediation. Couples work with a neutral third party to navigate complex issues, including alimony. The mediator helps the couple reach a mutually beneficial agreement that considers both parties’ needs and concerns.

Along with that, mediation can be a more effective and less costly way to handle a divorce. This process allows couples more control over the outcome and can lead to a mutually beneficial resolution.

How Does Mediation Work?

Mediation is a structured and voluntary process that involves a neutral and trained third party. It encourages communication and negotiation between spouses in conflict. However, both spouses must agree voluntarily to participate in the mediation process.

The spouses can choose a mediator together, or a court may appoint one. The mediator should be neutral, impartial, and possess the skills to settle the dispute.

Once the spouses have settled on a mediator, that person will conduct an introductory session. During this time, they will explain the mediation process and its goals and establish ground rules.

As the mediation progresses, direct negotiation occurs between the spouses, with help from the mediator. The mediator can assist with reaching an alimony arrangement that works for everyone.

Once the terms are settled, the mediator helps draft a written agreement outlining specifics of the agreement, such as:

  • Duration
  • Amount
  • Additional relevant provisions

Before finalization, both parties thoroughly review the written alimony agreement to check for accuracy. Any revisions can be made at this time. After the document is signed and approved by the judge, it is a legally binding agreement.

The mediator may also offer guidance on enforcing the alimony agreement and procedures for addressing potential future modifications.

Finding the Right Meditator

You can begin the process by researching mediators specializing in family law and alimony settlements. Some couples choose to hire a divorce lawyer who focuses on collaborative law.

Once you have found someone, verify their certifications, training, and memberships in professional organizations. Like any professional hire, schedule an initial consultation or interview with potential mediators to discuss your case. During this time, you can see if they are familiar with alimony-related issues.

You may also ask about the mediator’s processes, especially how they handle alimony discussions. They should focus on a collaborative and constructive approach to finding a resolution.

Ask the mediator for references from previous clients who have dealt specifically with alimony settlements. You can contact these references to gain insights into their experience and satisfaction with the mediator’s services.

Along with that, you want to assess the mediator’s communication skills since that is important in promoting productive discussions. A skilled mediator can navigate emotional conversations and maintain a balanced dialogue.

Find a Mediator for Your Divorce

Settling alimony is one of many challenges in a divorce. If you want to find a Pennsylvania divorce lawyer who understands the mediation process, contact the Law Office of Joanne Kleiner. Call 215-886-1266 for a consultation about your case.