fbpx

Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

collaborative divorce attorney

Nov 27

Is the Collaborative Divorce Process Right for You?

Collaborative Divorce

Your marriage has ended, but you’re just tired of the fight. You don’t want to simply capitulate to be done with the relationship, but you don’t want a long, protracted fight, either. Have you considered the collaborative approach to divorce?

The Collaborative Approach to Divorce

The collaborative approach to divorce is an alternative that can save you time, money and hard feelings moving forward. It looks a little bit like mediation, but has some distinct differences.

In a collaborative divorce proceeding, you and your ex-spouse agree up front to resolve all your differences without the intervention of the court. That means that you, your lawyers, your ex and his/her lawyers all agree to seek cooperative and mutually beneficial solutions to all issues related to the divorce, from custody and visitation to child or spousal support and the equitable distribution of the debts and assets of your marriage.

At the onset of a collaborative divorce proceeding, you’ll usually enter into a “collaborative law participation agreement,” a contract that requires that you:

  • Negotiate all issues in good faith, seeking solutions that are beneficial and acceptable to all parties
  • Focus your energies on where you will go, not where you’ve been
  • Put the best interests of any minor children as a top priority in custody and visitation matters

Because you’ve agreed to attempt to resolve matters without the intervention of the courts, such matters as the division of the marital estate and the best arrangements for custody and visitation are often determined by consulting experts. In the collaborative process, it’s not unusual for the parties to retain a financial planner to propose a fair allocation of property or a child psychologist to suggest the best approach for custody and visitation.

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.

May 31, 2012

The Collaborative Divorce Process in Pennsylvania

Collaborative divorce is an alternative to litigated divorces that resolves your issues through cooperation with your ex-spouse — and takes places entirely outside the courtroom. The collaborative divorce process forms a team of the spouses, their attorneys and other professionals to address the unique needs of your family. The cooperative dynamic of collaborative divorce gives you a better chance for a positive outcome than litigation, in which a judge ultimately decides the issues for you.

The collaborative divorce process offers many advantages over litigation because it:

• Creates an atmosphere for civil negotiation and cooperation
• Involves other professionals to address more than just legal concerns
• Develops a financial plan to address future concerns
• Addresses each spouse’s emotional concerns
• Develops co-parenting plans for divorces involving children

The collaborative divorce process is based upon the spirit of cooperation. In fact, the first action in a collaborative divorce is a commitment by both parties and their attorneys not to involve the court in the process. This commitment is fundamental to the process and key in creating the cooperative atmosphere necessary to make collaborative divorce successful. Collaborative divorce is different than mediated divorce, in which a neutral mediator helps to resolve your issues. In the collaborative divorce process, the parties, though working cooperatively to achieve a negotiated settlement, are not neutral. Each party’s collaborative divorce attorney provides their client with independent legal advice regarding any proposed agreements. Should you or your ex-spouse opt to go to court, however, the process ends and both attorneys must withdraw.

Talk to a Pennsylvania collaborative divorce attorney today

Collaborative divorce has increased in popularity because it is a non-litigated approach to divorce aimed toward resolution for both parties. To learn more about the collaborative divorce process contact us online or call (215) 886-1266 to schedule a consultation.

May 17, 2012

Types of Divorce in Pennsylvania

Divorce law in the Commonwealth of Pennsylvania provides for many approaches to divorce, as follows:

• Uncontested divorce. When spouses in a divorcing couple can agree on all the issues and do not site fault grounds, they file for an uncontested divorce.

• Contested divorce. A divorce in which the spouses disagree on issues such as child custody, visitation, spousal support and property division is contested. In a contested divorce you go to court to resolve the issues. A contested divorce can be an expensive and drawn-out process, and requires the assistance of an experienced Pennsylvania divorce attorney to get through the process.

• Collaborative divorce. A collaborative divorce allows couples to resolve their differences without going to court. In a spirit of cooperation, the spouses negotiate an agreement on the issues, and both parties are represented and advised by separate collaborative attorneys. Collaborative divorce is a completely voluntary process, and if either spouse opts to go to court, the process ends and the attorneys withdraw.

• Mediated divorce. Divorce mediation is a process in which a neutral third party helps the divorcing spouses to resolve disputes on the issues and reach an agreement.

• Legal separation. Pennsylvania has no such status as legal separation. However, a divorce attorney can prepare a separation agreement for you. The separation agreement is a legally binding document that offers protections for both spouses during the separation. The agreement can include provisions on property division, support and custody, and any issues covered in a divorce decree.

You don’t have to face a divorce alone

Each family is unique and has its own special needs. An experienced divorce attorney can help you determine the best approach to divorce for your family. Contact us online or call (215) 886-1266 and schedule a consultation to discuss your divorce needs.