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Aug 14

What You Should Know About a Separation Agreement

What a Separation Agreement Entails

If you’ve been living apart from your spouse and you’re on your way toward obtaining a divorce, you may want to think about a separation agreement. Over 30,000 divorces occur every year in Pennsylvania, many of which may have likely progressed without much issue because of a separation agreement. While not every separated couple is able to make this type of agreement, it could benefit you and your situation in a variety of ways.

What Is a Separation Agreement?

Although a separation agreement can be created before or after you file for a divorce, it’s commonly written up before the divorce occurs. This agreement is a written contract between both spouses that determines how property is going to be divided, how custody or alimony is to be arranged, and what your rights are. This type of agreement is legally binding and can be used once you file for an actual divorce. This contract serves as an agreement to all of the issues that can typically cause a divorce case to be a lengthy one. It is usually made after the two spouses have been separated for a lengthy period of time.

Since each spouse must agree on every single detail of the separation agreement, both parties will need to sign the document before it is considered to be binding. While the issues mentioned previously are the primary ones that must be detailed in a separation agreement, spouses can place anything they want into the agreement. For instance, some people choose to address such issues as what religion any children will formally practice or how any family pets will be taken care of. People choose to place these issues into a separation agreement now so that one spouse can’t change his or her mind later on. If one party attempts to do the opposite of what was agreed upon, the separation agreement serves as a legal document that may be useful.

How a Separation Agreement Can Help With Uncontested Divorce

Uncontested divorces are ones where you and your spouse have agreed to all of the particulars of a divorce, including custody time and the division of property. A separation agreement effectively turns your divorce into an uncontested one. Spouses who make these agreements before going to court are usually able to avoid having to eventually go to court to contest the divorce. The separation agreement that you fill out along with the other divorce paperwork will need to be agreed to by a judge.

The only instances where a judge will not abide by the separation agreement are when he or she believes that one party signed the document when under duress or he or she feels as though the terms are entirely unfair to one of the spouses. The exact process that occurs with an uncontested divorce depends on the specific details of the case. The process is simplified when there are no children involved or the assets that must be divided are small.

How a Lawyer Can Assist You With a Separation Agreement

Even though a lawyer is not always necessary for a separation agreement, there are a variety of ways in which a lawyer like ours could help you with your case. Lawyers who have experience in divorce law understand all of the facets of a separation agreement, which means that you can be counseled on these matters if ever necessary. Our lawyer can provide you with all of the information you require about a separation agreement as well as an uncontested divorce.

While the willingness of two parties to sign a separation agreement is a positive step in regard to the divorce process, it’s also a complex one that may require close attention by a lawyer who understands Pennsylvania law. Given the legal rights involved in a separation agreement, you may want to seek out our attorney to help you throughout the process. Sending us information about your case will allow us to identify what options are available to you.

When you’re searching for information about uncontested divorces for your own situation and you require counsel, call Joanne Kleiner & Associates in Jenkintown at (215) 886-1266.

Jul 24

Helping Your Child Deal With Your Divorce

How to Talk With Your Child About Divorce

If you’re preparing to separate from your spouse, you aren’t alone. According to the American Psychological Association, between 40 and 50 percent of marriages result in divorce, so it’s important that you take the time to talk with your child during this time. They may have many questions about the divorce process, so it’s vital that you communicate openly and effectively.

Remember, your life is changing, but so is your child’s.

Opening Communication

When you and your partner decide to separate, you may be tempted to keep this to yourself and avoid telling your child about the divorce until everything is final. Keep in mind, however, that your child’s life will be drastically impacted by your divorce. Make an effort to establish early on in the process that you and your partner are willing to talk with your child. Whether your child is 5 or 15, they may have questions or concerns about the divorce. Open communication can help remove barriers and minimize your child’s anxiety regarding this process.


Once you and your partner have agreed to separate, sit down with your child. Remember to keep the focus on your child. Your little one doesn’t need to know why you are choosing to end your marriage. They just need to know that although their life will be different, you and your partner will work together to ensure your child feels loved and is taken care of.

Questions Your Child May Have

When you broach the topic of divorce with your child, they may have many questions. Some common questions raised by children include:

  • Do you still love me?
  • Will I get to see Mom/Dad again?
  • Is it my fault?
  • Do I have to move?
  • Will I still see my friends?
  • Will I go to a new school?

If you and your partner are able to make child custody arrangements in an agreeable fashion, you may be able to avoid a custody dispute and keep your child’s lifestyle fairly stable. Unfortunately, sometimes disputes do happen, and it’s not always possible for your child to stay in the same home or even at the same school.

When you’re speaking with your child, avoid placing blame or calling names. Remember to focus on your child and their life. Remind your child that you and your partner are trying to find a way to make things work for all of you, but that yes, there may be some changes. Aim to answer your child’s questions effectively and honestly, but understand that your little one may have a variety of emotions as the result of this conversation. Your child may feel relieved, angry, scared, or sad.

How an Attorney Can Help You

Your divorce attorney wants to help you succeed and get the best possible outcome from your divorce, which is why it’s important to seek assistance from a divorce lawyer as soon as possible. Going through a divorce can be financially, emotionally, and physically exhausting, which is why you need to reach out to a divorce lawyer and get the guidance you need. Your attorney can help you find valuable resources, including family counseling or mediation services, as well as assist you in filing the appropriate paperwork. Should you need to appear in court, your attorney can help you with this portion of the divorce process, as well.

If you’re going through a divorce, it’s time to get the help you need. The right divorce lawyer can make an incredible difference in your life. You do not have to go through divorce alone. More importantly, you shouldn’t. Get the assistance you need as you move on to the next stage of your life by reaching out today. You may reach Joanne Kleiner & Associates in Jenkintown at 215-886-1266. Don’t wait. Call now to schedule your initial consultation.

Jun 27

Learning More About Child Support in Pennsylvania

Child support cases in Pennsylvania are governed by the Bureau of Child Support Enhancement, operating within the Department of Public Welfare. The BCSE offers a number of services to qualifying families, including locating the non-custodial parent, establishing paternity, establishing a court order, and helping out with matters related to these types of cases. Parents who need assistance or want to learn more about the available options often benefit from consulting a child support attorney.

Child Support in Pennsylvania

Child support is a court-ordered payment designed to help with the costs of raising a child. The support typically lasts until the child turns 18, but it may last longer if there are mental or physical conditions that require continued support. Parents can come to a mutual agreement and have the judge approve the support order. However, most cases are initiated by one of the parents filing an application for child support with the Domestic Relations Office.

Calculating Child Support

Once the parents are living separately, the primary custodial parent who has the child for more than half the overnights during a two-week period is entitled to collect child support. When the parents have agreed to shared custody and split time evenly, the parent who has the lower income is entitled to collect child support.

The support order may include monetary support for clothing, shelter, and food as well as support for child care expenses, basic education expenses, and health insurance. Extracurricular activities, visitation travel expenses, and extraordinary medical costs may also be incorporated into the support order. Even if a parent isn’t working, he or she can be ordered to pay child support. If the child isn’t in either parents’ care, both parents can still be ordered to pay child support.

Filing a Complaint and Gathering Documentation

Having a child support complaint filed with the Domestic Relations Office is the first step of initiating the process. Afterward, a Domestic Relations Office conference officer will be scheduled for your support conference. Each parent has the right to use legal representation and will be instructed to bring along important documents, including relevant tax returns, pay stubs, medical insurance cards, tuition expenses, day care costs, and documentation of child-related expenses.

Getting a Guideline Number at the Support Conference

With the documents provided at the conference, the DRO officer will collect information on income and expenses from both parties. The information is inputted into the system while you’re still there in the conference room. The computer system generates a guideline number for support from the income and expense data. Pennsylvania has published a child support guidelines table indicating how much the courts believe it would cost to support the number of children if the parties were still living together.

Calculating Support With the Guidelines Formula

Obtaining the monthly net income for each party is the first step of calculating the guideline amount. Net income doesn’t include withheld taxes or similar mandatory withholdings. The incomes are combined and used to look up the total support amount for the appropriate number of children provided on the PA Support Guidelines chart.

The corresponding amount is then allocated to the parents based on the proportion of income each earns in the equation. The amount of support allocated to each parent can increase or decrease based on the time spent with the children or changes to which expenses are being paid for. Often, calculating child support just comes down to putting numbers into the state’s formula.

Getting Legal Assistance With Child Support

However, bringing legal representation to the Domestic Relations Office can still be beneficial. Lawyers well-versed in divorce and family law understand which expenses qualify for an increase or reduction in support. Legal counsel also has experience with asking the right questions to uncover hidden income potentially being concealed by the other party.

Having a lawyer is also helpful for negotiating an arrangement or amount of child support that’s independent of the guidelines. If circumstances have changed, then a child support order can be changed for either party by asking the Domestic Relations Office to schedule a modification conference.

Hire a Lawyer From Our Office

If you want to learn more about child support, how to navigate the legal system, or which options are available to you, then contact our child support attorney today at the law office of Joanne Kleiner. Our Jenkintown family law office can be reached at (215) 886-1266.

Jun 13

How to Prepare for a Contested Divorce

If you are thinking of filing for divorce, know that you are not alone. Studies show that the chances of a marriage in the United States ending in divorce are between 40 percent and 50 percent. Although some divorces can be settled amicably, it’s also possible for the divorce to be contested, which can be a lengthy affair that is best settled with the assistance of a divorce lawyer or child support attorney because when children are involved, custody and visitation rights will need to be determined as well as the amount of financial support they’ll require.

Ascertain the Value of Assets and Income

When it has become impossible for you and your spouse to agree on how you’re going to split the assets or how much child support is necessary, you’ll probably find it best to have an experienced attorney by your side who can help protect your specific interests. However, there are a number of steps you can take to prepare for your case and be ready when the divorce proceedings begin. One of the most important aspects of progressing smoothly through a contested divorce is to accurately determine the assets and income you have.

When it comes to your assets, it can be easy to forget which items are owned by you and which are owned by your spouse. This can be particularly difficult if you’ve never handled the family finances. When you are thinking of getting a divorce, the first thing you need to do is identify which assets are yours. Look for any bank statements you can locate and find out all that you can about who really owns the home that you live in and the cars that are in your driveway. Copy any document you believe is important to identifying your complete assets. You also need to be aware of your specific income level, which is something that your recent tax returns will assist you in identifying.

Focus on Custody

If you have children, some of the most important facets of the divorce proceedings will include child support and child custody. We’ll try to make sure that all the medical and educational needs of your children are taken into consideration when determining the best course for both custody and visitation. In the case of child support, it’s important that you include all your sources of income in order to identify the level of financial assistance that’s necessary.

If you believe that custody will be contested along with other aspects of your divorce, consider starting a journal about all the important events that have recently happened in your child’s life. This can be important if you have some safety concerns regarding the other parent. A journal will allow you to keep track of all the details you might otherwise forget if you don’t write them down. Keep recording any pertinent details even after the divorce proceedings have started. It can sometimes prove to be very helpful.

Seek the Counsel of an Attorney

In some situations, it may be possible to get through a divorce without retaining an attorney. This might be true in cases where mediation is possible as a means of dividing the assets and an agreement can be reached regarding child custody and support. However, if any of these important aspects is in dispute, it would probably be wise to arrange legal counsel. Before you seek out an attorney, make sure that you are organized and have everything you believe you’ll need for a contested divorce.

When you already have a binder or folder filled with what you believe to be the essential documents related to your case, it’s possible that you can save money on the expenses associated with litigation. An experienced attorney from our practice will understand how Pennsylvania law relates to your circumstances and attempt to achieve a favorable outcome for you. Our firm will guide you through this process and try to minimize the stress you experience as the divorce proceeds.

If you are considering filing for divorce and expect the matter to be contested, call the law office of Joanne Kleiner to schedule an appointment. We’ll arrange a consultation for you with our divorce and child support attorney so that you can determine whether our services are the right fit for your needs. Our office is located in Jenkintown, and we can be reached by phone at 215-886-1266.

May 03

How Divorce Can Affect a Stay-At-Home Mom’s Finances

In 2012, 29 percent of women with children under the age of 18 were stay-at-home mothers. Of those, 34 percent already lived at or below the poverty line. Since 40 to 50 percent of first marriages in the United States end in a divorce, some of those moms could be headed toward financial disaster.

A Stay-At-Home Mom’s Ability to Earn an Income

Dropping out of the workforce even for a year or two could impact a woman’s ability to gain employment in the future. Leaving a job may also impact how much a woman can earn when she does re-enter the workforce. In many cases, women face more barriers when it comes to finding a well-paying job.

You may have to start at a lower level of pay or take an entry-level position in order to get back into paid employment. The skills that you had 10 or 15 years ago before you left paid employment may not be in demand now. Employers may want new skills related to technology, so you might have to take some classes or refresher courses.

How Spousal Support Facilitates Your Financial Future

When you’re already going through the stress of a divorce, trying to write a resume and apply for jobs may be too overwhelming. You may need some time to emotionally recover from the divorce, practice your interviewing skills, work with a job coach, create social media or job search profiles and plan out your process of re-entering the workforce. Having a spousal support plan in place gives you some flexibility. Once you do return to paid work, it could be another one to two months before you receive your first paycheck. Therefore, spousal support will be important until you’re back on solid financial footing again.

Typical Factors That Go Into Allocation of Spousal Support

Many factors go into the negotiation and allocation of spousal support. In some cases, the current income of the higher-earning spouse is compared to the likely income of the stay-at-home parent when determining the amount of money awarded. In other cases, the length of time that the wife was a stay-at-home mom is put into consideration. For example, a woman who took a year off to care for a healthy infant may have an easier time of going back to full-time employment compared to a woman who has been out of the workforce for the past 15 years. A woman’s education and marketable skills will also be factored into the decision.

If you only have a high school diploma, you may have a more difficult time finding work compared to a woman with a college degree. The ages of your children could also be a factor. You might have a more challenging time finding employment if your child is an infant or a toddler compared to a child who is in high school and does not require as much parental care. Some of the other factors that go into spousal support negotiations include:

  • If the mother has a child with a disability
  • The wife’s age at the time of the divorce
  • The wife’s health status, such as her own disability or chronic illness

Negotiating Spousal Support for a Stay-At-Home Mom After a Divorce

When a stay-at-home mom is considering a separation or has been served divorce papers by her spouse, the financial effects can be dramatic. Many women expect to receive spousal support, but those negotiations could be as contentious as child custody.

A woman who never worked or quit her career to raise a family has probably sacrificed years of income, retirement savings and payments into Social Security. This could have significant ramifications for her financial future. If you’re in this position, our Jenkintown divorce lawyer may be able to negotiate spousal support on your behalf, giving you the time that you need in order to make and implement a financial plan. With legal representation, you’ll also have more time to apply for jobs, interview, be hired and get your first paycheck.

It’s important to note that a man can also play the role of stay-at-home parent. In these cases, the ex-husband may seek out spousal support. When you are in need of a family lawyer, contact Joanne E. Kleiner & Associates at 215-886-1266 to schedule a consultation. You may also stop by our office in Jenkintown and make an appointment to learn more about your rights under Pennsylvania law.