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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

Collaborative Law

Sep 23

Mediation and Divorce

Jenkintown Divorce Mediation Attorney

Conflict resolutionIf you and your spouse are able to work together on your divorce agreement, mediation is, in many ways, preferable to leaving matters in the hands of the court. Essentially, mediation allows you and your soon-to-be ex-spouse to identify common ground regarding potentially contentious issues such as child custody, the division of marital property and debt, what to do with a closely held business, who gets the family home, even spousal support.

In divorce mediation, a third party facilitator oversees discussions between the parties involved, making sure discussions are focused on what is in everyone’s interest rather than allowing side issues to derail the process. While each spouse is represented by an attorney, the mediator ensures discussions progress towards a final settlement, diffusing disagreements that could undermine the mediation process.

In this way, you and your ex can reach mutually agreeable terms that put you in charge of your divorce agreement.

Mediation – Putting You in Charge

Perhaps the biggest advantage of divorce mediation is the control you have over the terms of your divorce settlement. When couples go through the normal divorce process, there is often an adversarial nature to the proceedings. Rather than working together, each spouse’s attorney is interested in protecting his or her client. As a result, it’s not uncommon for each side to demand things that the other side does not agree to. Consequently, anger, resentment, and bitterness leads to a “tit for tat” dynamic that can lead to irreconcilable difference.

When this happens, the court will make a decision as to what it believes is fair to both spouses and what is in the best interests of any children involved. When this happens, each spouse may find him or herself saddled with a divorce agreement that neither finds ideal. Mediation, however, allows you and your ex to determine the terms of your divorce settlement through the identification of common ground.

Customizing the Terms of Your Divorce Settlement

When you work through a mediator, you and your spouse can determine what sort of child custody arrangement works best for each of your schedules and children. If you decide on a joint custody arrangement, you can specify how holidays and summers will be handled, as well as responsibilities regarding doctor appointments and school pick-ups.

If you and your spouse have debt on jointly held credit cards, mediation allows you to determine how best to pay off your creditors. You may want to allocate more of your marital assets to one party or the other in exchange for paying off credit cards or car loans; or, you may want to exempt your 401(k) plan from division in exchange for continuing mortgage payments or paying off loans. Whatever you decide is best for your situation, mediation allows you to reach a divorce settlement that both of you find agreeable.

Contact Jenkintown Mediation Divorce Attorney Joanne Kleiner

If you are considering divorce and are interested in mediation, contact mediation divorce attorney Joanne Kleiner today to learn how we can help you.

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.

Jun 20, 2011

5 Mistakes People Make When Contemplating Divorce

People contemplating divorce should think ahead. Divorce is not something that should be entered into blindly. You need to take the time to evaluate your situation, and if possible, take the time to put yourself in the best position for a divorce.

To assist you, we would like to provide you with the information you need to avoid five common mistakes that other people make when contemplating a divorce:

1. Make sure you do not rush into a divorce. That is not to say that divorce may not be right for you, but it does mean that you should take care to make informed decisions and protect yourself and your future from adverse financial consequences, to the extent possible.
2. Do not go on a spending spree. Rather, take any excess money you have to buy down your debts. The less you owe, the better shape you will be in when you divorce.
3. Consider mediation or the collaborative law process, especially if you have children. Collaborative law in a divorce will help ease the stress on you and your children, as well as give you much more control of the terms of your divorce.
4. Make sure property and credit cards in your name, and if possible, establish your credit. You do not want to find yourself with no credit after a divorce.
5. Gather as much information about your finances as possible, including account numbers, contact information and balance history for all insurance policies, bank accounts, investments and retirement plans. Do not go into a divorce blind, you need to know as much as possible about your family finances.

Divorce can be difficult. Oftentimes individuals want to rush through a divorce and move on with their lives. However, you will find that a little time and contemplation now, may end up providing you with a much brighter and financially secure future. If you are letting emotion cloud your judgment, consult with your family law attorney and divorce lawyer. They should be able to ground you and ensure you have the information and fortitude to make sound decisions.

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.

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.