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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

Divorce

Apr 02

The Benefits of Divorce Mediation

In a study conducted in 2003, researchers found that 74 percent of people blamed their ex for not doing enough to save their marriage. Research has also discovered that people commonly cite an inability to communicate as a reason why they got divorced. While mediation may not be able to save a marriage, it could make it easier for you to get what you need from a divorce.

Divorce Mediation Sessions Are Conducted by Neutral Parties

The goal of a mediation session is to get both parties talking without fear of being judged or ridiculed. To help facilitate this process, a neutral third party will keep tabs on the participants and take steps to guide the conversation. Both sides are encouraged to speak, and neither side is allowed to take personal shots or say anything that doesn’t help achieve a timely divorce settlement.

Mediation Can Cost Less Than Litigation

It may be worthwhile to consult with a family lawyer prior to signing off on a binding agreement reached during mediation. However, no lawyer is needed during the negotiations themselves, which can keep legal fees to a minimum. Instead, the parties to the divorce will work out their issues and come to an agreement that is best for them. By communicating openly and honestly, a resolution can usually be reached in less time than if a couple chooses litigation while avoiding some or all court costs.

The Participants Themselves Control the Process

When you decide to leave a divorce ruling up to a judge, you might not get a favorable result. Even if the result is favorable, it may not be what either you or the other party to the divorce expected it to be. By creating an agreement through mediation, you will know exactly what its terms are and have a direct say in creating them. As with a judge’s ruling, the terms of a mediation agreement are binding once they have been agreed to and approved.

Preserve Relationships with Parents and Children

While a marriage can come to an end, you still have an obligation to raise your child to adulthood. In most cases, this means working with the other parent to achieve that goal. By engaging in mediation as opposed to litigation, you can learn how to communicate with the other parent in a positive and focused manner.

This can show children how adults come together to solve their problems in a healthy way. If parents learn how to work out their issues with each other, it keeps the children from being exposed to drama. It can also keep them from being used either intentionally or inadvertently as pawns in parental conflict.

Talking Through Problems Can Bring Closure

Even if you don’t have children, mediation can still help resolve emotional or other issues that arose during a relationship. By getting closure, you may be able to learn from mistakes made during the relationship and not repeat them in the future. In some cases, those who believed that their spouse was the reason why the relationship failed will understand how their own actions could have contributed to its downfall. This insight can be helpful in future relationships.

Not All Issues Need to Be Resolved Through Mediation

It is important to point out that not all issues need to be resolved in mediation. For instance, you could decide to create a parenting plan with the help of a mediator while taking property division issues to a judge. You could also choose to deal with property division issues in mediation and ask a judge to determine child custody matters.

If you do work with your former spouse to create a parenting plan either privately or after consulting with a neutral party, those plans are still subject to approval from a judge. However, courts are inclined to go with what the parents feel is best as long as there are no significant issues with their chosen arrangement. Remember, a child custody agreement needs to be in the best interest of the child to be valid.

Parents or others who are looking to use collaborative law or other alternative methods to resolve a divorce can contact Joanne Kleiner & Associates at their earliest convenience. We practice in the areas of divorce law and family law. The phone number for the office in Jenkintown is (215)-886-1266.

Feb 10

Mediation or Collaboration May Help Divorcing Couples Avoid Court

Divorce can be stressful even for couples who split in the most amicable of circumstances. Court fees can be expensive, and procedures such as service of documents can strain even the most agreeable of separating parties’ relationships. The good news is that divorcing couples who wish to avoid the stress and costs of litigation may choose other options such as mediation or collaboration for marriage dissolution.

What Is Mediation?

Couples who seek mediation basically work out the terms of the divorce themselves using the services of a neutral mediator who’s usually a divorce mediation lawyer. The mediator doesn’t work for either party in the divorce. In fact, mediation can be seen as a process of three parties: the two parties in the divorce and the mediator.

The mediator helps the other two parties work through the issues involved in the divorce agreement, including but not limited to:

  • Child custody
  • Child support
  • Division of property
  • Assignment of debt responsibility
  • Alimony or other financial assistance

Regardless of how agreeable the parties may be at the beginning of the mediation, it’s not unusual for parties to exhibit emotions like anger, sadness, or anxiety that can hinder the process of reaching a mutually acceptable divorce agreement. One or both parties may be argumentative. A mediator can usually intervene and serve as a calming influence to help the parties refocus on the issues at hand.

Using a mediator may be especially helpful when children are involved. It allows for more flexibility in discussions and also provides a greater degree of confidentiality for all involved. While the divorce agreement that’s settled on through mediation is filed with the court, the details associated with the divorce aren’t divulged in a public forum such as a courtroom.

What Is Collaboration?

Collaborative divorce differs from mediation in that the divorcing couple doesn’t directly communicate with each other. Instead, each party is represented by a lawyer through a contractual agreement for collaboration. Through these lawyers, the parties essentially agree that litigation will not be sought and that full disclosure of assets will be provided by each party to the divorce. The collaborative team may also include therapists or counselors as well as neutral professionals who may serve as financial advisers or child advocates.

Collaboration may be a better choice than mediation for couples who are unable to directly communicate with each other without becoming confrontational or argumentative. This may be especially true when the divorce involves children. However, it should be noted that if either party seeks litigation, then the collaborative agreement is rendered null and void.

Collaborating with attorneys and neutral financial professionals may also be advantageous in cases where large property settlements are involved or when the composition of assets may be complicated. For instance, real estate ownership, stocks, bonds, options, and other investments may not be easily divested without professional help to ensure that the interests of all parties are protected equitably.

Other professionals who may be involved in the collaborative process are mental health coaches who help diffuse emotional issues and prevent them from overriding the objective matters that need to be addressed. These professionals are often the same gender as each party that he or she works with in order to help understand and work through the unique aspects of each gender’s perspective. They often help guide the parties in the use of positive and effective communication practices in the process.

Collaboration is usually more expensive than mediation but less expensive than litigation. It’s also usually more confidential than litigation, and children are afforded better protection from the negative fallout that can sometimes arise from emotional outbursts or negative comments in a courtroom.

When a divorce is inevitable, whether uncontested or contested, you may feel unsure as to where to turn in order to protect your rights as well as the interests of your children. When this happens, it’s a good idea to seek the advice of a divorce lawyer who’s familiar in matters of family law, including property settlement, child custody, child support, and a myriad of other concerns. A lawyer can also help guide you in deciding if mediation or collaboration is for you or if pursuing litigation in court will best serve your interests. Turn to Joanne Kleiner & Associates to receive the assistance you need. You can contact our firm by calling (215) 886-1266 or by visiting our office in Jenkintown, PA.

Jan 10, 2018

Nesting Divorce Plans: What You Need to Know

Nesting Plan | Divorce Lawyer

Now more than ever couples considering divorce want options. There are many different variations of how people choose to get divorced and how they structure their life after the fact.

What is Nesting?

One recent development that more families are considering is called a nesting plan and it could help you and your former spouse chart out an appropriate way to parent. However, nesting plans are not right for everyone. Read on to learn more about how these plans work and how you can identify whether or not it’s the right fit for you.

For the vast majority of people going through a divorce, keeping the children in the family home is the main priority and this is for a good reason. The marital residence might be the only home ever known by the children and with so much change on the rise, stability may be the only thing you and your former spouse can agree on.

As parents go through a divorce, they may feel that the children should be kept in the home because it will help with stability and comfort during a time of major transition.

A nesting plan means that both parents take a turn living in the primary home while the children stay there all the time. There are a number of different issues you need to consider before deciding if this is the right choice for you, and the help of your family lawyer cannot be understated.

How Do I Know Whether Nesting is the Right Fit for Us?

Your Montgomery County Pennsylvania family attorney may be able to recommend whether or not nesting makes sense in your case. A nesting plan refers to co-parenting in which both children keep the marital family home. The parents then might also rent additional space for the two of them to share or their own one-bedroom apartment after their divorce and it’s not their parenting time.

The parent will live in the marital home and the other parent lives in the rented space until the parenting time switches; however, this might initially seem simple but if you and the spouse are rotating in and out of your previous marital home, you will still need a parenting plan. A bird nesting plan is not a substitute for a time-sharing agreement or a parenting plan.

Pros and Cons of Nesting Plans

There are benefits and disadvantages to the nesting plan. It could reduce your potential post-marital housing costs to have a small apartment while keeping the family home that you may already own. This is usually the biggest expense that each person will incur after a divorce.

There are also costs of having a second location, however. Emotionally, your primary concern is probably about the well-being of your children, however, it can be challenging for children to adjust to these this new situation.

Furthermore, you might find it difficult to go back and forth especially if you and the other spouse are not able to get along well or if you have disagreements about appropriate parenting style. Many different issues can emerge in the bird nesting agreement and if you do not have a system in place with the other spouse to discuss how these issues will be addressed, you could put yourself at risk for constant arguments and problems with the other spouse. Bird nesting maybe something to consider in the short-term but you need to see how it might work for your family. If you’re unable to come to terms of agreement with your former spouse on anything else, it is unlikely that a bird nesting plan would be most appropriate for you.

CONTACT US

At the Law Office of Joanne E. Kleiner, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Nov 21, 2017

PA Divorce Tips: Should I Charge Rent to a Former Spouse?

Divorce Tips Lawyer | Jenkintown Divorce Lawyer

Trying to move out quickly and determine the best path forward for your family after deciding to get divorced is never easy. But what happens if a spouse whom you intend to divorce wants to stay in the family home at least for a certain period of time? The other party may be curious about whether or not they can charge rent to such a person and there are unique considerations that should all be evaluated by a divorce attorney in Pennsylvania if you have questions about this.

In certain situations, you may be eligible to charge rent to a person who intends to stay in the family home. The spouse that had to leave the home as the divorce proceeds may find themselves paying for the house even though they don’t live there anymore. This is why Pennsylvania courts have generally given credit for the fair rental value of marital property to the spouse that had to move against the spouse in possession during equitable distribution if the property is held jointly. The spouse in marital home must pay rent for the time he or she lives there exclusively.

Rental credits could be awarded is limited to the amount that the dispossessed person had a financial or personal interest in that same property. In one recent case, a wife that used premarital fund had to refinance her marital property to undermine the husband’s interest. A factor that determines credit applied to someone is the period of time that a spouse was out of the home and the time that the other spouse lived exclusively on the property.

Another critical factor of this determination is whether or not the party could rightfully be in the home. In some cases, one spouse has been banned from the home due to a court order and that person cannot receive credit for rent. This is based on circumstances and one that should be presented to your Pennsylvania divorce attorney early on in your case to learn more about how to protect yourself.

With many complex issues involved in the dissolution of the marriage, the particularly contentious one of division of property and who maintains the marital home can lead to further legal battles if you’re not careful. Thankfully hiring an experienced Pennsylvania divorce attorney can help you with the support you will need going forward as you deal with one of the most troubling and difficult times of your life.

A Jenkintown divorce attorney is an important asset to keep at your side for the duration of such a legal case because he or she can help you navigate obstacles and learn more about how to protect yourself and avoid common missteps. You need someone you can trust with such a confidential and emotional issue when determining to get a Pennsylvania divorce in Jenkintown or elsewhere in PA. Do not hesitate to hire a lawyer who is knowledgeable about the technical aspects of the law and one who makes you feel confident in the handling of your claim.

The most common reasons to consider this situation are that the other spouse has not had an opportunity to find housing yet and because you might want to make things seemingly more stable for the children rather than establishing separate households yet. While these are worthwhile issues to evaluate, make sure you see all aspects of keeping the spouse in the same house.

Another time when a rent situation may emerge is if the spouses own the house together and one moves out, but the other remains. Who pays the mortgage and picks up the bills can generate uncomfortable conversations if you don’t have a plan in mind.

CONTACT US

At the Law Office of Joanne E. Kleiner, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Nov 12, 2017

Basics of Pennsylvania Divorce Property Division

 

Divorce Property Division Lawyer

Dividing the property an important consideration when a marriage ends. But before you or the courts decide how to divide the assets, you will need to determine the type and value any of the assets you acquired when you were married. Since property division will heavily influence your financial life after divorce, it’s worth talking things over with a lawyer and bringing a full list of your assets and liabilities that may be up for division.

Make sure that you understand your rights and responsibilities when doing so by hiring an experienced Pennsylvania divorce attorney to help walk you through the process and give you a better understanding of what is involved.

The first step you need to take involves the identification of property. You will need to create a list. Include everything because you can always remove items later. Your assets are tangible items including boats, homes, furniture, businesses, and collectibles. Furthermore, you might also wish to include intangible which include stock options, patents, bank accounts, retirement plans, copyrights, trusts and insurance policies.
You will need to then identify each the type of each asset. An asset will be classified as non-marital or marital.

The characterization of an asset plays a crucial role in diving and determining the value of the property in divorce. Marital assets in Pennsylvania include all assets acquired by either spouse during the marriage. Non-marital property includes assets either spouse had before the marriage, assets that are inherited or gifts, and those assets acquired after couple separated. The courts are authorized to distribute and divide marital property between the spouses in the divorce. Both spouses keep their separate property in the majority of cases.

The characterization of property is also impacted by when the couple separated. This is usually the date when the couple began to live separately. This means they do not present themselves as a couple. The spouses do not need to maintain separate households but it will be more challenging when settling the divorce case.

After you have identified the separation date, the next phase is to identify the dates that the assets were purchased. Property acquired before the marriage are considered separate property. If the spouse brought an item into the marriage, that item belongs to the spouse separately.

The next phase of this process is to identify what the assets are worth. This can be challenging as there are numerous different factors involved and you may wish to retain the services of a professional. Typically, courts will use the current assessment of the item at the time of the separation. The marital property could have another component that needs to be computed as it relates to comingled assets. You can deduct contributions from a separate party from current value and consider interest that could have accrued.
Divorcing couples will follow these steps to agree and decide how to split their property on their own but they might not be able to come to an agreement. This means it goes before a judge for consideration.
Courts in Pennsylvania consider numerous factors when deciding the division of the property, including each spouses’ needs, their vocational skills and job prospects, how long they were married, whether either spouse has been previously married, the spouse’s ability to obtain assets and earn income in the future, the standard of living enjoyed over the course of the marriage, and the amount and value of each spouse’s assets.
Courts do not consider marital misconduct in Pennsylvania but consulting with your experienced Pennsylvania divorce attorney can give you a better perspective on what is involved and how to best protect your interest