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Divorce and Family Law Office of Joanne Kleiner

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Jun 05

Negotiating Custody and Parenting

The Benefits of Positive Negotiations in Your Child Custody Case

Negotiating child custody can sometimes become contentious, even if both Pennsylvania parents want what is best for their child. However, a drawn-out, tension-filled fight is not usually in the best interest of the child. Going into child custody negotiations with a positive attitude and a desire to reach a fair agreement can set the tone for the co-parenting relationship and is full of benefits for the whole family.

Preparing for Positive Negotiations

Before the negotiations begin, tempers might be running high. You might even think that having the assistance of a divorce lawyer might mean that that is what you are preparing for. However, it is best to not approach this as a fight between the parents because this will become an obstacle to reaching the ideal custody agreement and parenting plan. Remember that a negotiation is a time for both parties to present their views and then to go back and forth as they reach an agreement where they each feel satisfied with what they are getting in return for what they have given up. Some of the ways you can prepare to have a positive discussion include:

  • Identifying your priorities
  • Having clear reasons for them
  • Being willing to be open-minded to the requests made by your child’s other parent
  • Listing the things you want your children to be able to keep to maintain stability and support

Positive Negotiations Should Focus on the Best Interests of the Child

This might sound like an easy thing to do, but when passions are running high, this might be forgotten. However, your child custody negotiations must remain focused on the best interest of the child so that all the decisions you make during the process are about creating the best environment for your child to grow up in. There are several things you can do to keep your discussions positive and focused on your child’s best interests. These include:

  • Discussing each parent’s priorities to see where they align and where they differ
  • Maintaining respectful, honest, and open communication
  • Committing to making decisions about the issues related to parenting your child
  • Avoiding discussion of personal issues between the parents that do not relate to the child’s upbringing

Positive Negotiations Allows Room for Creative Solutions

All families are unique. Therefore, each custody agreement and parenting plan must also be unique. Sometimes, this requires creativity, which positive negotiation allows. You can speak with your divorce lawyer about the parenting issues you and the other parent are facing in reaching an agreement to come up with creative solutions for these issues. This might mean working out a nontraditional agreement or even a special support agreement. The goal is to reach a fair arrangement that works for the family and that allows both parents to walk away happy. This will also lead to more commitment by both parties to uphold the agreement they have made.

Positive Negotiations Benefits the Whole Family

Positive negotiation provides long-term benefits for the whole family. This is important because even if you and your estranged spouse have decided to end your romantic relationship, you remain a family and connected due to your children. Some of the benefits of positive negotiations include:

  • Private space to resolve family issues in a way that works for all
  • The possibility of quicker resolutions and possibly lower costs to the divorce
  • An example for the children on how to resolve issues successfully and cooperatively
  • Evidence for the children that both parents remain committed to the family and to raising and supporting them in a loving way
  • Establishment of a positive tone for the co-parenting relationship

The result of your custody negotiation will have an impact on your life. More importantly, the results will have a significant impact on your child’s life. In that situation, you want the support of a divorce lawyer who can guide you through the negotiation process and help you reach an agreement that is ideal for your family. The Law Office of Joanne Kleiner might help you achieve this. Call us today at 215-886-1266 to set up an appointment to visit our Jenkintown offices.

Jun 05, 2023

When Mediation Does Not Resolve All of your Divorce Legal Issues

What to Do When You Cannot Reach a Divorce Agreement

Mediation is the process of negotiating the terms and conditions of your divorce through the help of an unbiased third party. Both partners can use their own respective lawyers to communicate their wishes and discuss possible compromises.

What Happens During Divorce Mediation

Mediation can be used to address many aspects of a divorce, such as:

  • Divorce settlements including what assets couples can keep afterwards
  • Alimony
  • Child support and child custody
  • Pet custody and visitation

In many cases, mediation helps couples divorce without the need to go to court. A prenuptial agreement can facilitate the process, but the couple may still contest the agreement and decide to mediate further before settlement.

If the couple did not sign a prenuptial agreement, then they will have to begin taking inventory of their assets and determining their goals for the mediation process. The mediator will walk the couple through the process step by step. Their goal is to ensure that both people leave the relationship on fair terms. They can help maintain the peace as couples negotiate difficult matters regarding finances, living arrangements, child custody, and more.

What to Do When You Cannot Agree

You cannot settle your divorce until you have both agreed to its terms. There are three ways that you can approach this situation.

You can continue negotiating through divorce mediation until you can reach a desirable compromise. This can be a lengthy process, and you may decide to work with another mediator if you feel as though your negotiations are ineffective or if they have reached an impasse.

You could also look into divorce arbitration. A divorce arbitrator acts as a private judge and makes decisions the same way a judge would. The final decision, referred to as an award, is generally binding on the estranged spouses.

Finally, you can obtain the assistance of divorce attorney. They may also be able to help you reach a divorce settlement without going to court. If you end up in litigation, your divorce attorney will help build a compelling case for your argument in court.

Next Steps After Failed Divorce Mediation

When a couple is unable to settle their divorce in private, they can bring their case before a judge. The mediation discussions remain confidential, which means that the entire case will begin again as though no prior negotiations took place.

Mediation allows the parties to reach conclusions that may be different from how a judge ultimately rules. It allows each estranges spouse greater agency in the final divorce decree, offering flexibility and privacy and making unorthodox solutions possible. Divorce court, on the other hand, is a matter of public record, so the discussions that take place can be revealed to others. Couples who wish to keep their divorce private may want to avoid taking their case to court.

Luckily, mediation can be managed effectively so long as both parties are willing to respectfully negotiate during this process. When a private mediator, such as a friend or family member, cannot help the couple reach a settlement, each spouse can work with a divorce lawyer as an alternative.

Divorce Court After Mediation Fails

Going to court is not mandatory, but it will become necessary if you and your spouse are unable to reach a compromise through other means. If you are confused about the best course of action, then it may be helpful to speak with a divorce lawyer. They can review your current case and propose possible solutions. They can also help you understand your rights and clarify what you can and cannot ask for as part of a divorce settlement.

Connect With a Pennsylvania Divorce Lawyer

If you have struggled to resolve your divorce through private mediation, consider speaking with the Law Office of Joanne Kleiner. You can reach our firm by calling us at 215-886-1266. You can also schedule a consultation by requesting an appointment through the form on our website.

May 16, 2023

Pennsylvania uncontested divorces

How Uncontested Divorces Work in Pennsylvania

Divorce trends in Pennsylvania reflect those throughout the U.S.: overall divorce rates continue to tumble while the rate of uncontested divorces continues to rise. State divorce lawyers are generally unsurprised by the uptick in uncontested divorces as they are generally both cheaper and quicker. They also provide estranged parents much greater control, such as being able to shield their young children from the proceedings.

Divorce Requirements in Pennsylvania

Pennsylvania allows you to file for divorce on three grounds:

  • Fault
  • 12 months of separation
  • Mutual consent and no fault

The third item in the list is what we are focused on here, and there is no waiting period required. There is a residency requirement in that either you or your spouse must be a resident of the state for at least six months prior to filing. It does not matter in which state you were originally married. Another common question is whether you can get divorced while pregnant. The answer is yes. While some states require babies to be born prior to divorce in order to clarify paternity and custody issues, Pennsylvania does not.

What Is an Uncontested Divorce?

In Pennsylvania, the official term for an uncontested divorce is mutual consent divorce, which is sometimes referred to as a no-fault divorce as well. In legal circles, it is also known as a 3301c divorce, which refers to the state statute that defines the concept. An uncontested divorce involves the spouses cooperating and negotiating to reach their own settlement agreement. This approach minimizes the involvement of the courts and allows the spouses to have autonomy throughout the entire process.

How to Get an Uncontested Divorce in Pennsylvania

From a technical standpoint, the first step is to acquire all the legal forms required for a divorce and complete them. While having the assistance of a divorce lawyer is not required, it is highly recommended. The typical uncontested divorce requires more than a dozen legal forms, including Self-Represented Party Entry of Appearance and Form 1 Notice to Defend and Divorce Complaint. An attorney can help you identify the forms you need and complete them.

Once those forms are completed, you then submit them to the Clerk of Court along with a filing fee. The fee is generally around $300, and if you cannot afford to pay it, it may be possible to have it waived by petitioning the court for relief. The next step is to serve your spouse with divorce papers. This must be officialized, but if you and your spouse are working together, it is as simple as completing the appropriate document and having it notarized. Otherwise, it must be completed via Personal Service, such as through the Sheriff’s Office, or by Certified Mail with return receipt requested.

Reaching the Settlement Agreement

If you are a parent, you may be required at this point to attend a parenting class, depending on the county in which you filed. The next step is for each spouse to complete a financial disclosure and provide it to the other spouse. This serves as the basis for a settlement agreement. Once the agreement is reached, you must document it as required by law and submit it to the court.

Court Approval and Waiting Period

There is a mandatory 90-day waiting period between the original filing and the spouses filing consent. Therefore, you cannot have your divorce finalized until this phase has been completed. Once you have submitted these documents to the Court and the Court deems that it has all relevant documents, it will review the agreement. If all is in order, it will be approved by the Divorce Decree.

Local Assistance With Your Uncontested Divorce

While you may not need a divorce lawyer to file and officialize an uncontested divorce, having one can help you achieve a settlement agreement that benefits both parties sooner and more easily. If you would like to meet to discuss your options for an uncontested divorce, you can schedule that appointment with the Law Office of Joanne Kleiner by calling 215-886-1266 or by using our online contact form.

May 10

Pennsylvania Postnuptial Agreements

Should You Get a Pennsylvania Postnuptial Agreement?

Only about 15% of newlyweds sign prenuptial agreements, and postnuptial agreements are even more overlooked. Though this type of marital contract isn’t common, it’s still very useful. To see whether or not a postnuptial agreement is right for you, it’s helpful to learn a little more about how they work in Pennsylvania.

What Is a Postnuptial Agreement?

A postnuptial agreement is any type of marital contract that two spouses sign after they have wed. Often called “a postnup” for short, these contracts let you determine how marriage or divorce will affect your financial assets. Depending on the type of postnuptial agreement you sign, it might discuss the following topics:

  • What property is marital property and what is separate property
  • How much maintenance or allowance each spouse gets from joint marital bank accounts
  • Who gets certain items in the event of a death or divorce
  • Which party pays for extra expenses like children’s college

Unlike a prenuptial agreement, you can sign a postnuptial agreement at any time. Many people draft them after major life changes like quitting a job, starting a business, or having a child. If desired, you can also create one simply because you forgot to do a prenup and would like to define your finances a little more clearly.

Benefits of Postnuptial Agreements

The main benefit of a postnuptial agreement is that it clears up any potential disagreements that could arise in the event of a divorce. With a postnup in place, people are less likely to bicker about asset division once strong emotions are involved. It can reduce your need for divorce lawyers and ensure that you spend less time in divorce court.

Some couples start discussing postnuptial agreements because they’re considering splitting up, but sometimes, it is simply a safety measure. For example, if a person starts a business, their business partner might ask them to sign a postnup to ensure that their spouse won’t get involved in the business if a divorce happens.

Another advantage of getting a postnup in Pennsylvania is its flexibility. When you create a prenup, you still have a lot of major life events ahead of you. However, since a postnuptial agreement doesn’t have to be signed before a wedding, it can more easily accommodate big changes. For example, if a couple unexpectedly inherits a number of family heirlooms years into the marriage, a postnup can ensure the heirlooms remain with the right side of the family. You can easily change and adjust postnuptial agreements to account for things like new children or a big real estate purchase.

How to Create a Valid Postnup in Pennsylvania

Postnuptial agreements in Pennsylvania are a little different than postnups or prenups in other parts of the country. Instead of seeing them as their own separate type of contract with unique rules, Pennsylvania mostly just treats postnups like a straightforward contract. Even things like an unfair division of assets are allowed in Pennsylvania postnups. As long as it is written out, signed by both spouses, and notarized, it’s a valid marital contract.

The main thing to keep in mind is just that the contract cannot be signed under fraudulent circumstances or duress. Furthermore, it cannot determine things like child support and custody, which will be left up to the state in the event of a divorce. The final thing to know is that postnups cannot include unenforceable clauses about a person’s right to bodily autonomy and personal freedom, so you can’t use it to determine things like what religion you follow or who does the dishes each night.

If you’re considering a postnuptial agreement, turn to the Law Office of Joanne Kleiner. In addition to postnups and prenups, we also provide assistance with other family law matters like child custody, spousal support, and divorce mediation. To learn more about our services or hire a Jenkintown divorce lawyer, call 215-886-1266 or fill out our contact form.

Apr 08

When Your Co-parent is an Alcohol Abuser

Co-parenting With an Alcohol Abuser

Alcohol abuse is a factor that can lead to a Pennsylvania divorce. For former couples who have children and wish to co-parent, alcohol abuse might pose an additional challenge as it can constitute a risk to the children’s safety when a parent is under the influence of alcohol.

How Is Alcohol Abuse by a Parent a Risk to the Children?

Taking care of children is a demanding job. The adult responsible for the children’s well-being should be constantly aware of what the children are doing, what they need and what must be done to keep them healthy and safe. A parent who is responsible for the children but is under the influence of alcohol might not be able to fulfill those responsibilities. Instead, the children’s safety is put at risk. Some of the risks the children might be exposed to include:

  • Lack of adult supervision
  • Exposure to unnecessary and dangerous situations
  • Increased chance of suffering from child abuse or neglect
  • Riding in the car while the parent is driving under the influence of alcohol

How to Deal With Your Concerns

In most cases, it is considered beneficial to the children if both parents are involved in their lives even when those parents are divorced. However, considering the increased risks that can lead to harm for the children when a parent struggles with alcohol abuse, you might be confused about how to address this when you are trying to set up a co-parenting relationship.

It may be a good idea to speak with your divorce lawyer and share all your concerns. You should also keep clear records of any time the other parent was inebriated and where you felt their alcohol abuse could have posed a risk to your children’s safety. This can all be done in preparation for seeking legal channels to keep your children safe, particularly during a separation or divorce where the parents might be potentially sharing custody.

What Is Your Legal Recourse?

While you might want to continue supporting the relationship between your children and their other parent, you will also want to continue keeping them safe. You can work with your divorce lawyer to do this. As part of your custody agreement, you can request monitoring for the co-parent who struggles with alcohol abuse. Ideally, you want your co-parent to admit to the abuse, if they have not done so, and to seek a way to control it. Some of the ways a parent can be monitored for alcohol abuse include:

  • Participating in a 12-step rehabilitation program
  • Working closely with a sponsor who can support them in their journey to sobriety
  • Submitting to random testing completed by a third-party
  • Using Soberlink, a breath test machine that uses facial recognition and can send the results immediately to the other parent or an ankle device that measures the use of alcohol
  • Using an interlock device, which measures the use of alcohol before allowing the person to drive their vehicle, whenever the parent will be driving with the children

Supporting Your Co-parent Through Their Journey to Sobriety

Getting sober can be full of challenges. As a co-parent who wants the best for their children, you might want to support the addicted parent through the journey, encouraging them to take the necessary steps towards sobriety. However, you should also expect that there might be relapses and that those can continue to pose risks to the children. Keeping your divorce lawyer up to date with any developments is important as part of documenting the issues that might make monitoring necessary.

Dealing with a co-parent with alcohol abuse issues can be challenging. Finding a Pennsylvania divorce attorney who can support you and understands that your family is your priority might help you cope with the problems that alcohol abuse creates. Contact us at the Law Office of Joanne Kleiner for a confidential consultation. You can call us at 215-886-1266 to make an appointment to visit our Jenkintown offices.