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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

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Aug 05, 2023

Divorce Mediation Frequently Asked Questions

Divorce Mediation in Pennsylvania: FAQs

While you might think that getting divorced will mean a bitter, protracted court battle, your likelihood of having to take your case to trial is small. An estimated 95% of divorce cases are settled outside of court through negotiations or alternative dispute resolution procedures such as mediation. Here are some frequently asked questions about divorce mediation to pose to an experienced Pennsylvania divorce lawyer.

1. What Is Divorce Mediation?

Divorce mediation is an alternative dispute resolution process that occurs outside of court. If you attend mediation, you and your spouse will each meet with a mediator. The mediator is a trained, neutral party who is skilled in helping people in conflict resolve their issues and reach an agreement.

2. What Happens if You Reach a Mediated Agreement?

If you reach an agreement in mediation, it will be memorialized in a legal document that you and your spouse can review and submit to the court. If you reach a full settlement agreement, its terms will be incorporated by the court as the orders included in your divorce decree. If you reach a partial agreement, those issues can be settled, and you can continue to negotiate or litigate the remaining issues.

3. What Happens if You Don’t Reach an Agreement in Mediation?

If you and your spouse can’t reach an agreement through divorce mediation, your case will proceed to trial. At a divorce trial, both of you can call witnesses and present evidence, and the judge will make a final decision for you.

4. What Types of Issues Can Be Addressed in Divorce Mediation?

In divorce mediation, you can try to reach an agreement on all of the outstanding issues in your case, including the following:

  • Child custody and parenting time
  • Property division
  • Responsibility for debts
  • What to do with the marital home
  • Spousal support
  • How pensions, IRAs, 401(k)s, and other accounts will be divided

5. Is Mediation Required in Pennsylvania Divorce Cases?

Attending divorce mediation is a voluntary decision agreed to by both spouses to try to reach a negotiated settlement agreement. If your spouse doesn’t agree to try mediation, you might try pointing out how expensive the alternative could be for both of you. Litigating a divorce to trial could take months or even years, and litigation costs can quickly add up.

6. What Are the Advantages of Divorce Mediation vs. Trial?

Mediation offers the following advantages compared to going to a divorce trial:

  • Faster way to get divorced
  • Much less costly than litigating a case through trial
  • Might be happier with the outcome than letting a judge make the decisions
  • Reduces conflict
  • More flexible than litigation

If you can reach an agreement in mediation, it can greatly shorten the time it takes to get divorced. In some cases, couples choose to attend mediation before filing for divorce and then pursue an uncontested case. Depending on the court’s schedule, an uncontested divorce could take from three to six months.

7. When is Mediation Inappropriate?

While mediation is a good choice for many divorcing couples, there are some situations in which going to mediation might not be in your interest. Mediation might not be the best way to resolve your divorce in the following situations:

  • Your spouse is hiding assets.
  • You are the victim of domestic violence.
  • Your spouse has serious drug abuse issues that endanger your children.
  • There is a significant power imbalance between your spouse and you.

If any of these situations apply to your case, it might be best to litigate your case through trial with the help of a dedicated divorce attorney.

Consult a Divorce Lawyer

If you are interested in divorce mediation as a possible way to resolve your case, you should reach out to an experienced Pennsylvania divorce lawyer in Jenkintown at the Law Office of Joanne Kleiner. Schedule a confidential consultation by calling 215-886-1266 or filling out our online contact form.

Jul 12, 2023

Choosing the Right Mediator for Your Amicable Divorce

When couples choose to pursue an amicable divorce, they often are able to significantly avoid stress and promote healthy resolutions. One crucial element in achieving a successful amicable divorce is finding the right mediator. Mediators are trained professionals tasked with helping couples navigate the divorce process by facilitating open communication, fostering compromise, and guiding them towards mutually beneficial agreements. 

In an amicable divorce, a mediator plays a vital role in guiding couples through the process by acting as a neutral third party, facilitating communication, and helping spouses find common ground. Mediators are trained professionals skilled in conflict resolution techniques, and they work to create an environment conducive to productive discussions. By understanding their unique approach, couples can make an informed decision about engaging a mediator for their amicable divorce.

Every divorce situation is unique, and couples should assess their specific needs and goals before choosing a mediator. Consider factors such as child custody arrangements, property division, financial agreements, and communication dynamics. Understanding your priorities and expectations will help you find a mediator who can address your specific concerns and guide you towards desired outcomes.

A mediator’s qualifications and experience are key factors in determining their suitability for your amicable divorce. Look for mediators with relevant training, certifications, and experience in handling amicable divorces and related family law matters. Consider their professional memberships and commitment to ethical standards to ensure they adhere to the established guidelines and best practices of an amicable divorce.

Woman sitting across from man with a laptop in a professional setting.

Familiarize yourself with the typical steps involved in the mediation process. From the initial meeting to the final agreement, mediators guide couples through discussions, helping them navigate issues such as child custody, asset division, and financial arrangements. Understand the importance of confidentiality, voluntary participation, and the mediator’s role in facilitating productive dialogue and finding common ground.

Choose a mediator who specializes in amicable divorces and cooperative dispute resolution. These individuals have specific expertise in preserving relationships, promoting healthy co-parenting, and facilitating mutually satisfactory resolutions.

Weigh all the factors discussed above, including qualifications, experience, compatibility, and cost, to make an informed decision. Trust your instincts and choose a mediator who aligns with your values, needs, and goals. Remember, selecting the right mediator is crucial for a successful amicable divorce, as they will guide you through the process and help you achieve a positive outcome.

At the Law Office of Joanne Kleiner, our team has plenty of experience helping people to divorce outside of court. Our clients can count on us to make the process as simple, fast, and stress-free as possible. To set up a free consultation with a Jenkintown divorce lawyer, call 215-886-1266 or email us today.

Jul 09, 2023

Divorcing Outside of Court

How to Divorce Without Going to Court

The average divorce takes 11 months to finalize. If you prefer a more straightforward process with less time in court, you have several options.

Can You Divorce Outside of Court?

Since the media tends to depict divorce as a big argument in court, many people assume that they have to go through a trial. However, the reality is that this type of divorce is often unnecessary. You are actually legally allowed to divorce without court. You and your spouse just draft your own divorce agreement and then file it with a judge. As long as your divorce agreement follows state laws, the judge will then sign off on it, and your divorce is finalized.

In its simplest form, a divorce is just paperwork. You’ll need to fill out documents about things like dividing assets and providing child support. A DIY divorce is technically possible, but most people prefer to work with a divorce lawyer even if they’re divorcing outside of court. All the legal details can be complicated, so a lawyer will help you be sure that all of the paperwork is properly filled out and submitted to the correct departments.

Explore Your Options for Divorcing Outside of Court

As long as you have a supportive lawyer, divorcing outside of court is theoretically easy. However, ending any relationship can bring up some surprising emotions, so it’s not always easy to work with your estranged partner. There are a few different methods that you can use to help you get the benefits of divorcing outside of court without causing undue stress.

A collaborative divorce is an option that works well when you and your spouse are on good terms. You informally discuss the divorce, talk about what works for each of you, and then meet with an attorney to process the paperwork. In a collaborative divorce, you work together to dissolve the marriage in a respectful and convenient way.

Mediation is a court-free divorce technique that helps those who struggle to talk to their spouse. In mediation, you and your partner both sit down with a neutral third party. The mediator is usually a lawyer or a person with expertise in both legal and psychological matters. This person guides you through the divorce process while helping to resolve disagreements and make suggestions on how to compromise. They act as a sort of referee and help to keep emotions from sidetracking the divorce process.

Arbitration is a good solution for cases where both parties cannot agree. An arbitrator is a family law expert who functions almost like a private judge. Both parties sign an agreement before beginning the process where they promise to follow the arbitration rules and accept the arbitrator’s decision.

The arbitrator will hear both sides of the argument and then make a recommendation for how the couple’s divorce agreement should proceed. Arbitrators have a little more authority than mediators, so they’re useful when you and your spouse have strongly opposing viewpoints.

Benefits to Divorcing Outside of Court

There are many advantages to divorcing outside of court. Many people find that divorcing outside of court allows them to:

  • Get the divorce finalized faster
  • Save money on court fees
  • Reduce overall stress levels
  • Avoid the risk of a judge making decisions that they disagree with
  • Stay on good terms with their former spouse
  • Keep the details of the divorce private
  • Build a stronger co-parenting relationship with less resentment

At the Law Office of Joanne Kleiner, our team has plenty of experience helping people to divorce outside of court. Our clients can count on us to make the process as simple, fast, and stress-free as possible. To set up a free consultation with a Jenkintown divorce lawyer, call 215-886-1266 or email us today.

Jul 07

Financial Considerations in an Amicable Divorce

Divorce is a challenging life event, but it doesn’t always have to be adversarial and ugly. In an amicable divorce, couples work together to end their marriage in a respectful way, focusing on good communication and understanding. One important aspect of an amicable divorce is dealing with the financial side of things.

Before starting the divorce process, it’s important for both of you to understand your financial situation. This means having a comprehensive understanding of your assets, liabilities, income, and expenses. Take the time to gather and organize all the relevant financial documents, like bank statements, tax returns, and property ownership documents. Having a clear picture of your finances will help you make smart decisions and work out a fair settlement.

Female hand shaking male hand.

Assessing Assets and Liabilities

In an amicable divorce, it’s necessary to figure out both what you currently own and what you owe. This means looking at the properties, investments, retirement accounts, and any other assets acquired during your marriage. It’s also important to think about the debts you have, such as loans or credit card balances. By taking a good look at your assets and debts, you can make sure everything is divided fairly and equitably between the two of you.

Deciding how to divide your assets is a big part of a divorce. The division of marital property is often a significant consideration during divorce proceedings. Different jurisdictions adopt varying approaches, such as equitable distribution or community property principles. Equitable distribution aims to divide assets fairly based on various factors, including each party’s contributions to the marriage, earning capacity, and future financial needs. Through negotiation and compromise, couples can achieve a fair and mutually beneficial division of their shared assets.

Family Financial Planning

Spousal support, commonly known as alimony, is another financial consideration in divorce.  This is when one person pays the other person to help them financially after the divorce. The amount of support depends on things like how much money each person makes, how long the marriage lasted, and each person’s needs. Talking openly about spousal support and thinking about the future can help you come up with a fair agreement.

When children are involved, the financial well-being of the children becomes a primary concern. Child support ensures that both parents continue to provide financial support for their children’s upbringing and welfare. During an amicable divorce, it is essential to determine child custody arrangements that prioritize the best interests of the children. Open discussions and cooperation are crucial in creating a child support plan that is fair and sustainable for both parties.

Divorce can have significant tax implications, and understanding them is vital for effective financial planning. Various aspects, such as the treatment of alimony, child support, and property transfers, can impact tax obligations. Seeking professional advice from a tax specialist or accountant will help you navigate these complexities and make informed decisions that align with your financial goals.

Planning for the Future

Considering the long-term financial implications of the divorce is essential for securing your financial future. Setting realistic goals and developing a post-divorce financial plan will help you move forward with confidence. Seeking the guidance of financial planners or advisors can provide valuable insights into managing your finances, investments, and retirement plans.

In an amicable divorce, addressing financial considerations is crucial for a smooth transition and fair outcomes. By understanding your financial situation, dividing your assets and debts fairly, and considering things like spousal support and child support, you can make the financial side of divorce a little easier. With the help of professionals and by planning for the future, you can set yourself up for a stable financial future after the divorce.

Amicable divorce ultimately requires commitment, compromise, and patience from both parties, but is an excellent option for Pennsylvania couples who are motivated to part ways peacefully without the need for court intervention. If you’re interested in this type of divorce, you might want to seek the assistance of a qualified divorce lawyer who can help you determine if it’s the right choice for you. Contact the Law Office of Joanne Kleiner at 215-886-1266 to speak with an attorney at our Jenkintown office about your legal rights and options.

Jul 05, 2023

What is an Amicable Divorce?

Amicable Divorce: What You Need to Know

Divorce is never an easy process for anyone involved, but it doesn’t always require a bitter court battle. An amicable divorce is a viable option for couples who are willing to work together and create an agreement that reflects the best interests of both parties. This type of out-of-court divorce is often less stressful and time-consuming than traditional divorce proceedings.

Getting a Divorce Outside of Court

An amicable divorce is based on the agreement of both parties. This means that they must be willing to work together, compromise, and come up with a mutually beneficial plan for terms such as child support, child custody, spousal support, and the division of their assets and liabilities.

An amicable divorce is more likely to be successful if the couple agrees on all of the terms. If they disagree on even one issue, they’re more likely to need to take their dispute to court and allow a judge to make the final decision. An amicable divorce may still be an option if the couple is open to compromise about the contested issues, but they may need to seek out professional help from a mediator or lawyer.

The Amicable Divorce Process

The amicable divorce process often involves both parties working with a professional mediator who is trained to facilitate negotiations. The mediator is a neutral third party who helps the parties come to a resolution that is satisfactory for both and keeps them focused on their ultimate goal of reaching an agreement.

The divorce terms that are settled upon during divorce mediation will then be incorporated into a settlement agreement. Couples pursuing an amicable divorce may also choose to be represented by their own divorce lawyers during the negotiation process.

After the settlement agreement is drafted and signed by both parties, it will be submitted to the court. The judge will review the agreement and approve it if they determine that it meets the legal requirements for divorce in their jurisdiction. Once the agreement is approved, the judge will incorporate its terms into a final divorce decree, which officially ends the marriage.

The Benefits of Amicable Divorce

When available, an amicable divorce is often more financially, emotionally, and logistically sensible than a divorce that involves going to court. It allows couples to settle their disputes privately, which is a concern for many people as once divorce proceedings enter the courtroom they become a matter of public record. Furthermore, because couples don’t need to wait for a trial date, they aren’t subject to lengthy court backlogs and can finalize their divorce quicker.

This option also allows couples to have more control over the divorce process and create an agreement that reflects their needs. Creative solutions are more accessible in an amicable divorce since the couple knows each other. A judge will not have the same insight into what assets are important to each partner.

Emotionally, an amicable divorce reduces the tension and hostility that can arise during traditional court proceedings. Without having to fight for a favorable outcome in court, couples can focus their energy on creating a mutually satisfactory agreement and ultimately part ways with respect. And when minor children are involved, the collaborative approach may provide an opportunity to co-parent more effectively and minimize the emotional toll of divorce on the kids.

Both mediation and collaborative divorce ultimately require commitment, compromise, and patience from both parties, but they are excellent options for Pennsylvania couples who are motivated to part ways peacefully without the need for court intervention. If you’re interested in this type of divorce, you might want to seek the assistance of a qualified divorce lawyer who can help you determine if it’s the right choice for you. Contact the Law Office of Joanne Kleiner at 215-886-1266 to speak with an attorney at our Jenkintown office about your legal rights and options.