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Divorce and Family Law Office of Joanne Kleiner

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Dec 09, 2023

How a Divorce Affects Your Home and Mortgage

When it comes to a divorce, you have to make plenty of decisions. If you own a mortgaged home together, you will need to decide your next steps. From selling your share to buying out the other person, you have a few options for your home.

Dealing With Joint Ownership

When a couple purchases a home together, both spouses are considered co-owners on the mortgage unless other arrangements have been made. That means they share the responsibility for the house payments. Even if one spouse decides to move out during the divorce proceedings, they are still legally responsible for the mortgage until the property is sold or refinanced in one person’s name.

If you decide on continued joint ownership after your marriage ends, the lender is not obligated by the divorce agreement. That means if the spouse is responsible for the mortgage and defaults on payments, both parties may have to face the consequences, including negative impacts on their credit scores. Some lenders may work with divorcing couples to find solutions that prevent foreclosure.

Dealing with this shared responsibility can be challenging, especially if one spouse wants to keep the property. In those cases, you need to determine who will manage the mortgage going forward. If you can work out this part of the process, you can avoid any contentious disagreements in the future.

The Challenges of Refinancing a Home

If your spouse keeps the home, you may need to refinance the mortgage in their name. As a result, that individual will retain ownership. Refinancing can untangle the financial ties of the marriage. With that, it creates a new mortgage agreement. Plus, the departing spouse is free from financial responsibility.

However, this process is not always easy. The spouse taking over the mortgage must qualify for the loan based on their own creditworthiness and income. This can often be challenging when the person lacks sufficient income or a strong credit history to meet the lender’s requirements.

Consider a Sale of the Property

For many couples, selling the marital home is the most common solution to the mortgage dilemma. All of the sale proceeds are used to pay off the existing mortgage. This solution gives both spouses a complete break.

However, selling the marital home may be emotionally challenging and perhaps not financially feasible at the time. Keep in mind that this option also eliminates the need for ongoing communication and financial entanglements with your ex-partner. If you had a contentious marriage, selling the home could be the most viable option.

Rent Out the Property

Renting out the marital home is a practical solution during this time. Rather than hastily selling or buying out the property, both parties may want to lease it to tenants. The rental income can be used to cover mortgage expenses. This arrangement is beneficial when the real estate market is unfavorable for a profitable sale.

Once the market improves, you can put the house up for sale. However, you and your ex-spouse need clear communication and an agreement regarding responsibilities, rental income distribution and the duration of this arrangement to avoid potential conflicts.

How Can an Attorney Assist?

Managing a mortgage during a divorce can be highly complex. For that reason, you may want to get advice from a divorce lawyer. A legal professional can provide guidance in drafting agreements that clearly outline each party’s responsibilities and rights.

When it comes to divorces, you can take control of the situation and settle the mortgage issue without involving the court. No-fault or uncontested divorces are excellent options that promote a mutual agreement between the spouses.

Mediation, arbitration and collaborative divorce are other alternative methods that help address the complexities of the mortgage issue through structured yet cooperative environments. With that, you can settle the mortgage issue in a way that is both fair and agreeable to both parties.

Reach Out To a Pennsylvania Divorce Lawyer Today

If you are looking to resolve your mortgage issue during a divorce, book an appointment with the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania. With over 35 years of experience, we have helped numerous clients reach amicable divorce agreements. You can schedule a consultation by submitting our online contact form or by calling us at 215-886-1266.

Dec 05, 2023

Should You Choose Collaborative Divorce?

With a success rate of 86%, collaborative divorce offers couples in Pennsylvania and around the country an alternative to litigation. If you want a divorce process that helps you and your spouse work towards an amicable resolution of your issues, a collaborative divorce might be right for you. While it might not work for all couples, you can benefit from this alternative to litigation in both the short and long run.

Understanding the Collaborative Divorce Process

In a collaborative divorce, you and your spouse will each work with your own respective divorce lawyer and other members of your divorce team to collaborate on resolving the issues of your break up. The goal of this process is to foster a relationship focused on problem-solving between the spouses. The steps to achieve this include:

  • Gathering your team of professionals to support and guide you during this process
  • Signing an agreement at the beginning that commits both spouses to this format without either being allowed to file anything in court until issues are resolved together
  • Understanding that if communication and negotiations fail each person’s team will be dismantled
  • Committing to being honest and transparent about the disclosure of information during the work sessions
  • Filing a divorce agreement in court after successful negotiations

What Issues Can You Resolve During the Collaborative Divorce Process?

If you choose to collaborate on your divorce process, you can resolve most, if not all, of your issues. Some of these include:

  • Asset and debt division, including insurance policies, investments and retirement accounts
  • Child custody, including parenting time and schedule
  • Child support payment details
  • Alimony or spousal support agreements

Short-term Benefits

This collaboration process allows you and your spouse to resolve issues out of the courtroom, keeping your information private. Working together and focusing on the issues can also help you work towards a faster divorce, saving you money. It will also allow you both to develop positive communication skills, which can improve your relationship, and it can even help you on your parenting journey as you continue raising your children after the divorce is final. Finally, a collaborative process can make it easier for you to heal emotionally since the feelings are positive and productive rather than spiteful and acrimonious as is found in some litigated divorces.

Long-term Benefits

A collaborative divorce allows you and your spouse, along with each person’s divorce lawyer and team, to negotiate over your assets and debts, helping you to find creative solutions to set you up for a stable financial life moving forward. You also become an example for your children by demonstrating your ability to solve problems and your commitment to them as a family, something that might not be possible in a dramatic courtroom battle.

When is Collaborative Divorce Not the Best Choice?

While the collaborative divorce process might be intriguing, there are situations where it might not be favorable or possible to engage in it. For example, if there is a history of domestic abuse and one spouse fears for their safety around the other, then collaboration is not an option. Another reason why it might not work is if your relationship with your spouse has deteriorated so much that you simply cannot get along or even speak to each other since open and amicable communication is at the center of this process.

Committing to the Process

The success of collaborative divorce hinges on the commitment of both spouses and their teams to negotiate in good faith. If both parties are willing to do this, there is a good chance that you will arrive at a fair resolution.

If you are interested in exploring the collaborative divorce process, you can call us at the Law Office of Joanne Kleiner at 215-886-1266 to schedule an appointment at our Jenkintown offices. We are ready to help you solve your issues out of court. You can also fill out our contact form to request a consultation to find out how we can help you achieve an amicable divorce that allows you to look positively at the future.

Nov 10, 2023

Getting an Uncooperative Spouse To Agree To Mediation

Mediation can provide many benefits for divorcing couples. However, if your spouse is not cooperating with the process, you might feel like it will not succeed. However there are things you can do to encourage your spouse to participate.

Organizing and Agreeing on Priorities

The mediation process encourages divorcing spouses to work together to resolve their issues. Each spouse might work with their divorce lawyer to prepare for the sessions. However, for mediation to work, each spouse must be willing to engage in amicable communication. If your spouse is reluctant to do their part, you might need to organize the priorities for your divorce so you can present these to them in the hopes that they will agree with them. You might look at what you both want out of and after the divorce and begin there. This might include plans for your family, your post-divorce relationship and your finances.

Keeping the Focus on the Family

If you have children, you will probably both be very concerned about how the divorce will affect them. The process you choose can have an important role in this. A court battle, which is often the result of a high-conflict relationship between the parents, can become lengthy and drawn out, with bitter recriminations between the parties. However, you might help your spouse to get on board with the mediation process by reminding them that this might protect the children from some of the negative effects of divorce. Some things you might want to say include:

  • Remembering that you both want to protect the children’s best interests
  • Creating a parenting plan that works for everyone in the family
  • Setting up a system of communication that minimizes conflict between the parents

Focusing on the Financial Impact of Divorce

Another way to gain your spouse’s cooperation with the mediation process is by discussing the financial impact of the divorce on both of you. If you cannot resolve your issues during the mediation process and you end up going to court, you are risking a longer, more expensive path. There are many costs associated with divorce, such as your lawyer, court costs and any other fees necessary as you work with different professionals to build your case. Additionally, you will also lose some of the control you have over the situation. If you both cooperate with your mediator to resolve your issues, you have a voice in the results. The process itself can be faster, potentially costing you less on lawyer fees, fewer trips to the court and saving you money on court fees.

Keeping it Amicable

If you want your spouse to participate willingly in mediation, you might want to work on your relationship, particularly if in the past you both found yourself fighting often. While it might take effort, you should approach your spouse amicably, letting them know that you are ready to hear their case and understand what they want from the divorce, showing them that your goal is not to win but to seek solutions that work for both of you.

Finding the Right Mediator

Finally, not every mediator is right for every case. Once you have managed to work out your communication issues and agree to your priorities for the divorce, you can begin interviewing mediators, seeking to find the one who is also aligned with your priorities. Your ideal mediator should have experience working with couples in your situation, where one might be reluctant about the process. They should be willing to help guide the couple to communicate so they can find fair, balanced solutions to their issues.

Even during the mediation process, you can benefit from the support of a divorce lawyer who can help you organize your case, prepare for negotiation sessions with your spouse and the mediator and explain how the laws regarding divorce work. You can call The Law Office of Joanne Kleiner in Jenkinton at 215-886-1266 for a consultation and begin preparing for the mediation process.

Nov 06, 2023

Benefits and Challenges of Divorce

In the United States, over 34% of marriages end in divorce, according to one study. This can have both positive and negative consequences for you and your family. Here are the pros and cons of divorce.

The Advantages of Divorce

While a divorce is a life-changing event, it can provide a few benefits:

More Freedom

One of the biggest benefits of a divorce is that you will have more independence and freedom. If you had put your desires and goals on hold, now is the time to start making choices that benefit you. For those who have been suffering in a stifling marriage or experienced a power struggle, divorce can feel like a liberating experience.

Escape From an Unhealthy Relationship

Sometimes, marriages can be toxic or abusive. Often, one spouse cannot see any other way out than to file for a divorce. In these instances, a divorce can improve physical and mental health. Living with someone who is both emotionally and physically abusive can take a toll on your health and wellness. Divorce is one way to break free from the cycle of abuse.

Personal Growth Opportunities

After a divorce, it may be time for personal growth. In turn, that can lead to more self-esteem and a better understanding of yourself. During a marriage, some partners will conform to their spouse’s desires or put their journey of self-discovery on hold. With a divorce, you will have the chance to rediscover your one true self.

Improved Finances

Most of the time, divorces can lead to financial struggles, but that is not always the case. Sometimes, it can improve a person’s financial stability. A divorce may be one way to work toward financial independence. However, before taking the first step in this process, you might want to consult a divorce lawyer to learn more about your financial situation.

Provide a Better Environment for Children

When children hear their parents argue or become physically violent, it is not a safe environment for them. Witnessing these instances can be stressful and traumatic. With a divorce, the children can have a more peaceful and stable place to live. Children can feel more secure in a space when they are not in the middle of constant conflict.

The Disadvantages of Divorce

Unfortunately, there are plenty of cons of divorcing. Often, individuals are not prepared for how this process can affect them. Some of the disadvantages include:

Emotional Stress

Many times, divorce will lead to emotional stress. In some cases, that can mean depression, anxiety or other mental health problems. Unfortunately, some individuals will struggle with these challenges, especially if the case is difficult to settle. Without seeking help, these stressors can impact a person’s overall well-being.

Financial Challenges

For some, their financial situation may improve. However, that is not always the case. Some individuals may have serious economic issues, especially after the asset division or legal fees. A divorce means that there are now two separate households. That financial burden can often affect both spouses and their children.

Impact on Children

If there were any incidents of abuse, a divorce can be beneficial for children. However, that does not mean they will not face emotional challenges. Many times, the relationship between the parents and their children can be strained. They may feel loyal to one parent over the other. Sometimes, the child may feel like they have to assume a new role in the household.

Social Stigma

While divorce is acceptable, there are still some communities where a divorce can lead to social judgment. The failure of a marriage should not be seen as a personal failure. Instead, it may have been the case of two people who were incompatible with each other.

Contact a Divorce Lawyer

At the Law Office of Joanne Kleiner, we are dedicated to guiding our Philadelphia-area clients through the divorce process with empathy and professionalism. We understand that these events can have their pros and cons. For that reason, we have a supportive team ready to assist with this process. You can contact the Law Office of Joanne Kleiner at 215-886-1266 for a consultation about your divorce case.

Oct 09

How a Collaborative Divorce Attorney Can Help

Divorce is a personal and often emotionally charged experience. While it can be seen as adversarial, many couples seek options that avoid contentious litigation. In the United States, there are over 20,000 collaborative lawyers guiding clients through these alternative divorce processes.

What is Collaborative Law?

Collaborative law is found in divorce and other aspects of family law. This legal process allows couples to work with their lawyers and other professionals to avoid court. With that, they can achieve a settlement that best meets the specific needs of both parties and their children.

This voluntary process begins when the couple signs a participation agreement. This contract binds them to the process and disqualifies their respective lawyers’ rights to represent them in any type of litigation.

The collaborative process can also be used for disputes between parents. It can also be used to create pre- and post-marital contracts. The traditional method of drawing up marital agreements is oppositional. However, some couples prefer to have these documents created in a mutually agreeable process.

One unique aspect of collaborative law is that the parties cannot use or threaten to use the court system. If a party threatens a lawsuit, the collaborative law process terminates. As a result, the lawyers cannot further participate in the dispute.

Collaborative law processes also have the added benefit of being cost-efficient for the involved parties. The legal process is a unique and innovative approach to divorce.

Collaborative lawyers in this setting serve as advocates for their clients. They encourage communication between spouses, assist in negotiations and provide legal guidance throughout the process.

A collaborative divorce lawyer also works closely with other professionals, such as financial experts and divorce coaches. Together, they can ensure that their clients receive comprehensive support.

What sets the collaborative process apart is the commitment to avoiding litigation. Collaborative lawyers help couples navigate divorce’s emotional and legal complexities with respect and dignity.

What Is a No-Contest Divorce?

When a couple unanimously agrees on all aspects of their divorce, they can opt for a no-contest divorce. In these cases, collaborative lawyers make sure that all necessary legal documents are accurately prepared. They also assist in creating a divorce agreement that reflects the mutually agreed-upon terms.

With their experience in family law, a collaborative lawyer can help clients navigate the complexities of the necessary paperwork. They are here to protect their client’s rights and interests throughout the process.

Collaborative lawyers can be valuable in cases involving:

  • A division of assets
  • Child custody
  • Support arrangements

Can They Assist With Mediation?

Many times, mediation involves the presence of a neutral third party. During this process, a mediator assists divorcing couples in reaching mutual agreements.

Collaborative lawyers play an important role in preparing their clients for mediation sessions. They educate their clients on their legal rights and responsibilities.

Additionally, a collaborative lawyer will serve as a legal advisor throughout the mediation process. In all cases, they want to make sure that any agreements align with their client’s best interests.

When the mediation is successful, the collaborative lawyer formalizes these agreements into legally binding documents. They will also make sure that negotiated terms are enforceable.

What Happens in Divorce Arbitration?

Divorce arbitration is another option for couples who want to avoid going to court. In this case, the arbitrator makes binding decisions on contested issues.

Once again, the collaborative attorney helps prepare their clients for arbitration. They assist in:

  • Presenting their client’s case
  • Gathering and presenting evidence
  • Advocating for their client’s position during arbitration proceedings

While the arbitrator makes the final decisions, the collaborative lawyer keeps the process fair and equitable. With this approach, couples can resolve disputes while maintaining more control over the process than traditional litigation.

For divorces that don’t require court intervention, collaborative lawyers are highly skilled professionals who can help in the process. They can guide couples through various divorce pathways, including no-contest divorce, divorce mediation, and divorce arbitration. In turn, they can help their clients reach amicable, respectful and legally sound solutions to their marriage dissolution.

Reach Out To a Pennsylvania Divorce Attorney

Find a skilled divorce attorney to assist with spousal support, child custody and other issues. Contact the Law Office of Joanne Kleiner at 215-886-1266. Feel free to schedule a consultation to learn more about the options for your divorce case.