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Divorce and Family Law Office of Joanne Kleiner

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Aug 24

Court Seeks Location of Missing Twins

Holding Hands

A Pennsylvania court has ordered a Penn Hills woman to undergo a psychiatric examination after child welfare caseworkers brought legal action, saying the woman has not disclosed the location of her missing twins for more than 10 years. Child welfare representatives filed charges saying that Patricia Fowler, 47, had endangered her children and had obstructed all efforts by the agency to find and determine the well-being of the twins, now 17. Police say they don’t suspect foul play, as there’s no evidence of such, but cannot rule it out.

Police say that Fowler has given them differing stories about the whereabouts of the children, none of which have led to their discovery. Investigators are treating the case as a missing persons operation, and have been pursuing leads for about two months.

Last week, police arrested Fowler’s 18-year-old son after he admitted to posing as one of the missing twins. Authorities say Datwon Fowler posted a message on Facebook using the name of Ivon D. Fowler, one of the missing children, with a phone number where Ivon could be contacted. When police called the number, it went directly to voice mail, but police followed up with a text message. They say that they then received a return text in which the sender claimed to be Ivon, but refused to talk to law enforcement authorities. Police then tracked the location of the phone and found that it was in the Fowler home. They found Datwon there, along with the phone.

The initial investigation did not involve the twins, according to child welfare workers. They went to the Fowler home in late June to take her four children into emergency custody and discovered that she had six children, not four. Thus far, they have no meaningful leads regarding the location of the twins.

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.

Aug 09

Some Myths about Divorce Mediation

resolving divorce

Though mediation has become a key component in resolving divorce and family law disputes in Pennsylvania, there are still many myths that revolve around the process. Here are some of those myths dispelled.

Myth: Our Failure to Communicate during Our Marriage Will Make Mediation Impossible

It seems logical—if you were unable to effectively work things out when you were living together, why should you expect to use that process to settle any disputes tied to your divorce? The reality is that divorce mediators are trained to identify and respond to your differences and have a number of strategies that can be employed to circumvent any potential gridlock. That’s a key difference from your marriage—it’s unlikely that you had a third person willing to step in and act as an intermediary, so that you could identify and implement a mutually beneficial solution.

Myth: We’ll Never Be Able to Agree on Everything, So It Won’t Work

The whole purpose of mediation is to resolve those things upon which you must agree. If there are still things that you don’t see eye-to-eye on, but don’t affect your ability to move forward, you’ll be fine. As long as you resolve the things you must resolve, the process will work.

Myth: In Mediation, One Spouse Typically Dominates the Other

Your mediator will usually know how to assess the balance of power in your relationship and will work proactively to ensure that one spouse does not take advantage of the other. In a worst-case scenario, the mediator can simply terminate the mediation to prevent coercion or undue influence.

Myth: Mediation Usually Favors the Man

There’s no evidence to support this concern. Either party has the right to end the mediation at any time or to refuse to sign any proposed mediation agreement. That’s often a better position to be in than having a court order the outcome.

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.

Jul 28

Frequently Asked Questions about Divorce Mediation in Pennsylvania

Divorce Mediation

Even with the difficult emotions you face after your marriage has ended, you may still want to find ways to amicably resolve your differences with your ex-spouse. One of the most effective ways to do this is through divorce mediation.

What is Mediation?

Mediation is a proceeding involving a third party “neutral,” someone who represents neither you nor your spouse. Instead, the mediator is tasked with helping you work together to identify and implement mutually beneficial solutions to your differences. The mediator does not make any determinations of “right and wrong,” and will not make any determinations of fact or render any rulings in favor of one party or the other. In addition, while evidence may be helpful to help work toward solutions, evidence is never used to persuade the court or to seek a finding by the mediator.

What are the Benefits of Divorce Mediation?

There are a number of advantages to pursuing a resolution to your divorce through mediation:

  • Typically, mediation is less expensive than litigation—First, the parties generally split the cost of mediation services. Second, because there’s no jury and the mediator will not make any determinations of fact, there’s no need to engage in lengthy discovery of evidence, one of the components of litigation that involves substantial expense. Furthermore, because you typically resolve the issues through interaction and compromise, there’s usually no need for costly expert witnesses.
  • Mediation can be completed in far less time—With most mediators, you can schedule mediation within a couple months. Furthermore, most mediation is completed in one or a couple sessions, as there’s no need to call witnesses, introduce evidence and engage in the seemingly endless motions and procedures found at trial.
  • Mediation gives you an active voice in the resolution—With a court proceeding, you put forward evidence and then wait for a third party (the judge or jury) to rule on the evidence. In mediation, you can propose a new resolution at any time and can always reject a proposed resolution from your ex-spouse.
  • Mediation improves post-divorce relationships—A key benefit, especially when there are minor children, is that you don’t engage in bitter or acrimonious exchanges, so you’re better able to move forward together.

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 15

Choosing Where You Live after Divorce because of Your Children

house

When you are involved in a divorce and there are minor children, one of your worst fears, as a non-custodial parent, is that your relationship with your children will suffer. Even if your relationship with your ex is strong, or he/she encourages access, you may choose to stay close, so that your kids have regular and meaningful contact. The question, though, can be “just how close?”

Take, for example, the arrangement a couple in Brooklyn worked out. They had a three-unit brownstone and decided to keep the apartment, with one parent living in the garden apartment, the other on the top floor, and a tenant in between. Both parents and children acknowledged that it was initially a difficult arrangement, as the adults struggled to maintain some level of privacy. Ultimately, though, they’ve found that it works very well. The kids love that their stuff is close by, regardless of where they are. The parents appreciate that they don’t have to pack a suitcase and drop kids off somewhere, or worry about when they will be picked up. They also find it convenient when one of the parents has a work emergency or other unanticipated event.

Another approach that has been tried with mixed success is the concept of “bird-nesting,” where the children live in the same home and the parents alternate visits with the children. Many who have tried it find that it presents a lot of the problems associated with dropping off and picking up children—things get forgotten, times get mixed up, etc.

A compromise that has worked for many parents is locating within a few blocks or a couple miles of each other, allowing children to walk between the homes, or making a trip to pick up or drop off less of a burden on everyone.

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.

Jun 28

What Grounds May Be Asserted for Divorce in Pennsylvania?

Asserted for Divorce

In Pennsylvania, as in other states, the concept of “no-fault” divorce is available to couples who want to terminate a marriage. The term can be a little confusing, as it suggests that you don’t have to state any reason for seeking a divorce. You must still state ground for your divorce, but there’s no requirement that you allocate blame to one party or the other.

No-Fault Divorce

In a no-fault divorce proceeding, the parties agree that neither spouse caused the divorce. As a general rule, the grounds stated in a no-fault divorce proceeding are that there has been an “irretrievable breakdown” of the marriage, and that it cannot be saved.

No-fault divorce proceedings can take a couple different courses:

  • The divorce may be by mutual consent—Here, both parties agree that the marriage is irretrievably broken, that 90 days have passed since the complaint was filed, and that they consent to the divorce
  • Unilateral no-fault divorce—In this situation, one party files the petition and also submits and affidavit attesting that the parties have not lived together for at least two years and that the marriage cannot be fixed. If the other party does not object to the allegations, the divorce may be granted, even though there’s technically no consent to the divorce.

At-Fault Divorce

Though you don’t have to assign blame in a divorce proceeding, there can be benefit in the division of property or in other aspects of the divorce if you can show the other party to have contributed to the divorce. The specific grounds established for divorce in Pennsylvania include:

  • Adultery or bigamy
  • Humiliation of an innocent spouse, such that marriage is no longer tenable
  • Domestic violence or cruelty, including mental cruelty
  • Abandonment of the relationship for at least one year
  • Imprisonment for two or more years after conviction of a crime

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.