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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

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Mar 14, 2011

Property Valuation Issues in a Pennsylvania Divorce

Property valuation issues frequently arise in a divorce. Although some property is easily valued, such as stocks and bonds, other property is much more difficult to value. This is especially true of unique property, where there is no intent to sell at the time of the divorce, where there is niche market, or where property valuations are volatile.

People typically have different opinions on the value of certain property, and in many cases, it is difficult to put a monetary value on the property. For example, how do you value a professional business that relies solely on the efforts of one spouse? The same is true of a closed corporation or partnership.

Some examples of property that may be difficult to value include:

  • Stock options
  • Real estate
  • Art and other collectibles
  • Insurance policies
  • Business interests
  • Pension and retirement plans
  • Pets

Moreover, the same holds true with debts. In today’s real estate market, some homes may be worth less than the amount owed, which is referred to as “negative equity.” If the family home is to be given to one party or the other, the negative equity should be factored into the division of property.

Retaining an attorney who understands property valuation issues, and has the network of experts and professionals to assist you with understanding the value of property where there is a valuation dispute, can help in ensuring your interests are protected to the greatest extent possible.

Moreover, even with property valuation disputes, a collaborative divorce may be in your best interest. An experienced family law attorney can help you understand your options and advise you on the best manner to proceed based on your particular set of circumstances.

At Joanne E. Kleiner & Associates, Ms. Kleiner is a family law attorney and divorce lawyer who brings more than 25 years experience in family law and divorce to the table, including experience with possession issues involving a family pet. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.

Joanne E. Kleiner & Associates has extensive experience with all areas of Pennsylvania family and divorce law, including collaborative law and traditional divorce litigation, and we handle cases throughout Montgomery, Bucks and Philadelphia counties, as well as the rest of southeastern Pennsylvania.

Nov 04, 2010

Collaborative Law & Family Pets

Anyone who owns a dog, cat or other pet understands that these creatures are family, not property. They are like children — dependent on you for food, shelter, love and protection. Unfortunately, in the eyes of the law, they are property and, as such, treated no differently than a chair, table or piece of real estate.

A family law judge will typically not issue an order of support for the animal, nor will he or she typically award custody or visitation rights. However, under the collaborative law process, you can work with each other to tailor an agreement that will provide for a care, custody and visitation schedule for your pet.

The collaborative law process, unlike divorce litigation, is based on fostering collaboration to work out differences and find solutions everyone can live with, rather than an adverse proceeding that is based on confrontation and fosters animosity toward each other.

Just as collaborative law is recommended in many divorces involving children, the same principle applies to your pet. Utilizing the collaborative law process in a divorce where there are issues or disputes involving a family pet, you can customize a solution that will be acceptable to both parties and deal with issues involving:

  • Decisions about your pet (whether to seek medical treatment, euthanasia, kenneling and choice of veterinarian)
  • Food
  • Pet time (custody and visitation), as well as logistics regarding transportation for pickup and drop-off
  • Support (who will be responsible for food, medical bills, kenneling, etc.)

Pets are family. Make sure they are treated that way in a divorce. Talk to an experienced family law and divorce lawyer about utilizing the collaborative law process to make sure you (rather than a judge) make the decisions regarding your pet.

At Joanne E. Kleiner & Associates, Ms. Kleiner brings more than 25 years of experience in family law and divorce to the table. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.

Joanne E. Kleiner & Associates has extensive experience with all areas of Pennsylvania family and divorce law, including collaborative law and traditional divorce litigation, and we handle cases throughout Montgomery, Bucks and Philadelphia counties, as well as the rest of southeastern Pennsylvania.

Sep 15, 2010

Children Are Often the Victims in a Divorce

Children, especially young children, often believe a divorce is their fault. Parents involved in a divorce can find themselves focusing only on themselves, and forget that their children may be confused, hurt and scared.

Take the time to talk to your children, reassure them that everything is fine and that regardless of any differences between you and your spouse, both of you still love them. Some additional steps you can take to ease the prospect of a divorce on children:

  1. Take the time to explain to your children that any problems you and your spouse may be having are not their fault. Sometimes, a good approach is to explain to your children that people may sometimes have differences of opinion, and in some cases those differences just cannot be worked out.
  2. Do not argue or fight in front of the children. Remember, children are not deaf, they can hear, even behind closed doors, if the volume of the conversation is high enough.
  3. Do not bad-mouth your spouse in front of your children. Remember, he or she is still their parent too, and your children love both of you.
  4. Do not make your children take sides; they may resent you for that. They will also feel that they are being disloyal to you by continuing to love their other parent, and it is confusing to them.
  5. Never use your children as messengers or “go-betweens”.
  6. Constantly reinforce that everything will be all right, especially if the children are young.
  7. Make sure you don’t ignore your children. They need to know that their routines are not being affected (to the extent that is possible). In addition, any extra attention both of you can give to your children will help alleviate any fears they may have.

For divorces involving children, we suggest considering utilizing the collaborative law process for your divorce.

Collaborative law may provide you with an acceptable alternative to stressful litigation. The collaborative law process is premised on the parties working together to resolve conflict. The collaborative process encourages the parties to work together, with their attorneys, toward a mutual agreement that everyone can live with.

The collaborative law process is typically less stressful on children, gives you more control over the terms of the divorce, and is less emotionally taxing on you.

At Joanne E. Kleiner & Associates, Ms. Kleiner is a family law attorney and divorce lawyer who brings more than 25 years experience in family law and divorce to the table, including collaborative law experience. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.

Sep 10, 2010

No one won. Everyone lost.

Years ago, when I would return from a Family Court hearing, my husband would routinely ask me who won. Now he knows better than to ask me that. It’s not because I’d come home in defeat – in the majority of my cases, I get a favorable outcome for my client – but because he knows that my answer is going to be, “No one won. Everyone lost.” That’s how I feel about litigation in family cases. If the case is in court, everyone ultimately loses.

Imagine for a minute that the first time you see your soon-to-be former spouse is across a table at a support conference; or, worse yet, across a courtroom crowded with cases of wronged spouses waiting to be heard. Suddenly, you’re not talking together, making the best decisions for your family. You’re opposing parties, thinking only about what’s best for you. You listen to your attorney describe the merits of your position, while poking holes in your spouse’s. If you’re angry at your spouse, and feel that he/she did you wrong, does it feel good to hear your attorney speak that way? Sure – that’s called human nature. It validates our feelings. But in the long run, it’s highly destructive. Think about this: after hearing your attorney, on your behalf, describe your husband as an unfeeling and uncaring parent, how do you go home and assure your kids that daddy loves them and wants only the best for them? After hearing your attorney, on your behalf, describe your wife as lazy and unstable, how do you keep those feelings from communicating themselves to your kids? Better yet, how do you expect that uncaring or unstable parent – who’s listened to him/herself described that way – continue to co-parent with you? And effective co-parenting is what your kids expect and deserve.

Needless to say, engaging in the collaborative process prevents the scenarios I’ve described above. But even if you choose to engage in the more traditional litigation model, it’s important to keep that in mind. There will be many times when you will need to stop and ask yourself if the short term gain is worth the long term destruction.

At Joanne E. Kleiner & Associates, Ms. Kleiner brings more than 25 years experience of family law and divorce to the table. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out an online intake form.

Jul 14, 2010

Divorce Is Not Just About You

Divorce is an emotional and upsetting time. People going through a divorce are often filled with grief, anger, nervousness, pain and uncertainty. At times like that, it is difficult to think of others. Particularly when children are involved, however, it is vitally important to your family that you focus on the big picture when you are involved in a divorce or other family law matter.

Children will internalize their feelings and often will play off your behavior. Things you say in the heat of the moment may be permanently recorded in the minds of your children. Children may feel that they are being forced to choose between their parents, or that they are being disloyal to one parent when expressing love for the other parent. Moreover, when the dust settles, if you do have children, you will have to continue to co-parent the children for many years. In fact, the reality is that you will have to have some kind of relationship with your ex-spouse on issues regarding the children, as well as special events such as birthdays, graduations, weddings, etc.

If you can muster the strength to step back and see the big picture, your future, your family and your children, then you will be at an advantage and positioned to make excellent decisions. Remember, the decisions you make today will affect your life (and the life of your children) tomorrow. Similarly, the way you handle your conflict today will affect the relationship you have with your former spouse going forward. Your children, as well, will learn from the way you handle this situation.

During a time when emotions can get in the way of reason, it is a good idea to have someone you can trust, confide in, and will be your voice of reason during these emotional times. You need to make sure you understand the consequences of your actions, both the positive consequences and the negative consequences. If you have children, you will want to also make sure you understand the consequences to them.

Decisions about child support, child custody, visitation schedules and the distribution of property can all be related, and the decision regarding one, can affect the others. For that reason, it is highly advisable to retain an experienced attorney to assist you with understanding the legal ramifications of all your options and to advise you based on the knowledge and experience of your attorney.

At Joanne E. Kleiner & Associates, Ms. Kleiner brings more than 25 years experience of family law and divorce to the table. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out an online intake form.