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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

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Nov 30

Divorce Without Going to Court

How to Get a Divorce without Going to Court

Woman writing on notepad to do list at homeThe traditional divorce can often be messy—attorneys for both sides may engage in time-consuming and expensive discovery (gathering of evidence). But it doesn’t have to be that way. There are a number of alternatives that will allow you to dissolve a marriage without bitterness or recrimination.

Negotiated Settlements

With a negotiated settlement, you identify all issues that need to be resolved—custody and visitation, support, property division—and engage in some good old-fashioned horse-trading, deciding what you must have and what you can give up, so that you come to agreement on all issues. As a general rule, the agreement is put in writing and becomes enforceable in a court of law.

Divorce Mediation

In mediation, both parties work with a neutral mediator, whose primary task is to help the parties find mutually beneficial ways to settle their differences. The mediator is not a judge, and won’t render any rulings. The mediator does not take testimony or consider evidence, either. Instead, the mediator tries to get the parties to understand the negative consequences of not identifying and implementing their own solutions.

Collaborative Divorce

In the collaborative process, the parties agree to resolve all disputes without the intervention of the court. To that end, they often retain third party experts to help resolve custody, support, property and financial issues. The parties and their attorneys seek to work cooperatively to determine mutually beneficial solutions. If the collaborative process is unsuccessful, though, the parties must typically discharge legal counsel and hire new lawyers to handle any court proceedings.

Arbitration or Private Judging

Arbitration looks somewhat similar to mediation, but divorce arbitrators have specialized knowledge in divorce and family law. In addition, an arbitrator (or arbitration panel) will always make a decision as to how the dispute should be resolved. That decision may or may not be binding.

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.

Nov 23, 2015

Recommended Reading: A Judge’s Guide to Divorce

Judge Roderic Duncan, a member of the California judiciary since 1975, is also the author of A Judge’s Guide to Divorce: Uncommon Advice from the Bench (published in 2007). A former appointee to the California Municipal Court, he was elected to the California Superior Court in 1987, where he served until his retirement in 1995. He maintains a practice providing mediation and private judging services.

A Step-by-Step Guide

Judge Duncan’s book walks men and women through the divorce process, and provides useful tools to help you resolve all disputes involved in or related to a divorce, often without going to court. The book will help you:

  • Understand the basic laws and procedures governing divorce, custody and visitation, support and property settlements
  • Know where to start to get legal representation, if you need it
  • Ways that you can settle a divorce dispute without the time and expense of a trial or court proceedings
  • How to dress for and act in court
  • What you can expect with respect to the equitable distribution of marital property
  • How to most effectively resolve custody and visitation issues, in ways that minimize the impact on minor children
  • Knowing what to do if your ex is not in compliance with the divorce decree
  • Finding ways to put your past marriage and your divorce behind you

The book includes an audio CD, so that you can listen to an interview with the author, as well as role plays that can help if you have to go to court.

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.

Nov 16

What Is Separate Property?

In a Divorce, What is “Separate Property”?

Signing divorce documentsPennsylvania is what is known as a equitable distribution state with respect to the division of marital debts and assets. Essentially, that means that the court will attempt to allocate assets and liabilities based on what it determines to be fair—although it’s important to understand that “fair” does not necessarily mean “equal.” If at all possible, it’s always best for the parties to mutually agree on the distribution of property and debt. If, however, there has been fraud or misrepresentation, duress or undue influence, it may not be possible for the parties to resolve property issues without the intervention of the court.

If the court has to get involved, the judge will typically start by determining whether an asset is marital property, subject to equitable distribution, or whether it is “separate” property, to be returned to the party who brought it into the marriage. Separate property customarily includes:

  • All assets acquired (fully paid off) before the marriage
  • Any property obtained after separation (unless obtained with marital assets)
  • Any property identified as separate property in a valid prenuptial agreement
  • All inheritances or gifts received during the marriage

Though property obtained before the date of the marriage is considered separate property, any increase in the value of that property during the marriage is a marital asset. For example, real estate brought into the marriage (fully paid for before the marriage) is a separate asset to be returned to the party who owned it at the time of the marriage. Any appreciation in the value of the real property, though, is subject to equitable distribution. In addition, if you purchase a marital asset (car, home, household items) during the marriage, even with funds obtained before the marriage, it can be considered marital property, subject to equitable distribution.

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.

Oct 19

The Risks Associated with Handling Your Own Divorce

Good Reasons Why You Shouldn’t Handle Your Own Divorce

Man under stressStatistics continue to show that one of the principal causes of divorce is financial problems. As a result, many people choose to save money and handle their own divorce proceedings, and there’s no shortage of websites and how to books to guide you through the process. For a number of reasons, though, being your own divorce lawyer may not best meet your needs.

Emotions–There’s a saying in the legal profession—the person who represents himself has a fool for a client. It’s not that attorneys are afraid of losing business. It’s that they understand the emotional implications of a legal dispute. When you are one of the parties to a disagreement, it’s nearly impossible to view the causes, solutions and outcomes objectively. When the dispute involves a personal relationship, it becomes even more difficult to separate emotion from the decisionmaking process. When there are children involved, you can just about forget about it.
Your Children–Of course, children are another good reason not to handle your divorce on your own. You may want what’s best for your children, and you may believe that your soon-to-be ex-spouse does, too. But do you have any sense of the impact your divorce will have on your children? Do you understand how your children will respond to different parenting or custody arrangements? An experienced attorney can help you make an objective decision that is truly in the best interests of your child.

Money–Though it may seem like you are saving money by not paying legal fees, the decision to represent yourself may actually cost you money in the long run. You may agree to pay alimony when you don’t need to. You may enter into a property settlement that unfairly benefits your ex. You may enter into a child support arrangement that does not accurately reflect your respective incomes. Your spouse may be hiding assets or income.

Finding Ways to Resolve Your Differences—Let’s face it…you are probably getting a divorce because you couldn’t find ways to agree on the things that mattered. What confidence do you have that you’ll be able to do that in a divorce proceeding? That’s one of the principal reasons you hire a lawyer—because you haven’t been able to work things out on your own.

Contact Us

Let us put our commitment, experience and dedication to work for you. To arrange a confidential meeting with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

Oct 12

At-Fault vs. No-Fault Divorce in Pennsylvania

The Grounds

Single womanAs a Pennsylvania resident, you can choose to file a no-fault or an at-fault divorce, based on the grounds that you state for seeking to terminate your marriage. The principal reason to file an at-fault divorce is that you may obtain some advantage in the division of marital debts and assets, or in support/custody proceedings.

The Legally Acceptable Reasons for Filing an At-Fault Divorce

There are only six different bases that courts in Pennsylvania will accept to support an at-fault divorce petition:

  • One of the parties to the marriage was unfaithful, or committed adultery
  • Your spouse was still legally married to someone else at the time you were married
  • Your spouse has been convicted of a crime that will result in a minimum of two years of incarceration
  • Your spouse has been out of the marital home, without reasonable cause (military or other type of service, hospitalization, etc.) for more than one year
  • Your spouse engaged in behavior that put your life or health in danger
  • Your spouse engaged in behavior that made your life unbearable or extremely difficult

The Legal Justifications for No-Fault Divorce

There is no requirement in Pennsylvania that either party be at fault when a divorce complaint has been filed. Either spouse may seek a no-fault divorce if:

  • The other spouse has been institutionalized because of a mental disorder. The period of institutionalization must be at least 18 months, and there must not be a reasonable expectation that the spouse will be released within 18 months of the finalization of the divorce.
  • There is mutual consent to the divorce. In such a situation, each party must separately file an affidavit attesting to their belief that the marriage cannot be salvaged. The judge will generally wait 90 days before finalizing the divorce, but may do so without a hearing.
  • The parties have lived apart for at least one year and a complaint is filed stating that the marriage bonds are “irretrievably broken.” If both parties agree, the divorce will generally be granted. If not, though, the court will typically conduct a hearing to determine whether there is a chance of reconciliation, and may order marital counseling.

Contact Us

Let us put our commitment, experience and dedication to work for you. To arrange a confidential meeting with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.