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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

alternative conflict resolution

Feb 05, 2024

Divorce and Mental Health Issues

A Calmer Divorce Option: Settling Your Divorce Out of Court

Major life events can have a significant impact on a person’s emotional well-being. If that person is already struggling with mental health issues, the divorce process and the transition period that follows can be even more difficult. One way of decreasing the accompanying tension and stress is by choosing a divorce method that allows you to settle your case out of court.

Why Divorcing Someone With Mental Health Issues Can Be Challenging

Going through a divorce is difficult for all parties, even if they are the ones initiating the process. The end of a marriage means leaving behind shared goals and plans and is often accompanied by a sense of loss.

When one of the spouses is suffering from mental health issues, the emotions triggered by the divorce can make the process even more challenging. The spouse with mental health issues may attempt to prevent the divorce from progressing or take revenge over perceived wrongs.

If you are the one who initiated the divorce, you may feel guilty about pursuing it and the impact it will have on your spouse’s mental stability. You will likely also be concerned about the effect of the divorce on your children and the possibility of losing your relationship with them.

Parents having a serious discussion with their young daughter, who appears upset and covers her ears, sitting on a couch in a neutral-toned room.


Do Not Let Your Children Get Caught in the Middle

In desperation over the divorce and the coming changes to their life, a parent who is already struggling with a mental health disorder might do things that can significantly harm the other parent, such as accusing them of abuse. They might attempt to alienate the children from the other parent as payback.

While you might feel like you have the right to retribution, it might be best to step back and consider the effect that any actions you take will have on the children, and this can help you prevent them from getting caught in the middle of the conflict.

Preparing to Divorce a Spouse With Mental Health Challenges

If you are in this situation and thinking of divorce, the preparation should begin early. Ideally, you will want to gather evidence that shows the existence of those issues, such as documenting any episodes or ensuring that you have credible witnesses for your interactions.

A divorce lawyer might be able to guide you about ways of interacting with your spouse to avoid further conflicts. Additionally, you might look for ways to lessen the impact of the process on the spouse with mental health issues, including:

  • Gathering a support team, including a therapist who might help you work through your issues to cope with the actions of your spouse
  • Approaching your spouse about the divorce when they are having periods of emotional stability
  • Accepting that you will not be able to change your spouse and focusing on what you can do instead to make the process move forward as amicably as possible
  • Maintaining a friendly tone and outlook about the process, including exploring alternative methods to going to court

Why Staying Out of Court Might Help

A long and expensive litigated divorce might not be best when one of the spouses deals with mental health challenges. The court appearances might just escalate that spouse’s feeling of desperation. However, you might explore alternative conflict resolution methods with your divorce lawyer that might help keep you out of court while resolving your issues more positively. You might consider a collaborative divorce or mediation to resolve your issues.

If you are ready to begin the divorce process and are dealing with a spouse with mental health issues, you need the guidance and support of a lawyer who understands your situation and who might help you choose the right method. At the Law Office of Joanne Kleiner we can assist you with your needs. Call us today at 215-886-1266 to schedule a consultation at our Jenkintown, Pennsylvania office.

Jan 09, 2024

Resolving Your Divorce Through Arbitration

Using Arbitration To Resolve Your Divorce Issues

Many divorces in Pennsylvania involve complex issues that need to be resolved. However, going to court to do so can become public, time-consuming and expensive, with costs ranging from $15,000 to over $100,000. However, choosing arbitration can help you with time, expenses and privacy.

What Is Arbitration?

Arbitration is an alternative method in which the spouses, each represented by their divorce lawyer, present their case to an arbitrator who decides on the divorce issues. Whether that decision is binding or not will depend on the agreement signed by the spouses before the process begins.

Understanding the Arbitration Process

The arbitration process follows specific steps. First, with your divorce lawyer’s guidance, you and your spouse hire an arbitrator to oversee your case. You both then sign an arbitration agreement that states whether you want the arbitrator’s judgment to be binding; that is, that you are not allowed to appeal it or that either one of you can appeal the judgment if you do not agree. This agreement will also include any established rules for the process and the date by which you need the arbitrator to issue its decision. The process then works like a trial, with each side presenting their case, including opening and closing statements. However, since the process does not happen in a courtroom, you do not have to wait for an open date. Instead, an arbitration process might be over in a few weeks. Once both parties present their case, the arbitrator will issue a decision or award. Depending on the arbitration agreement, the parties will either abide by the decision or appeal it.

Finding Your Arbitrator

Your lawyer can help you find your arbitrator for this process. Usually, however, divorce arbitrators are retired judges or lawyers with experience and knowledge about family law, state regulations regarding arbitration and divorce and whom you believe will be impartial and neutral. You should feel comfortable with your arbitrator, finding someone who can communicate openly and easily. Finally, the arbitrator should also be available to work during your timeframe.

Preparing for Arbitration

You and your divorce team should prepare for the arbitration process similarly to the way you would prepare for a court case. You should gather evidence to support your position and then this evidence will be presented to the arbitrator. You should also create a list of witnesses who can further support your position and will be called to answer questions during the arbitration sessions. As part of this process, you might resolve issues such as:

  • Division of assets and debts
  • Child custody and support
  • Alimony

Benefits of Arbitration

Arbitration has grown in popularity as spouses seek ways to resolve their divorce issues outside of the courtroom. Some of the benefits that arbitration provides include:

  • Efficiency and shorter wait time as you do not need to depend on the court schedule to present and resolve your case
  • Cost-effectiveness, as the shorter wait time for resolution also can translate into lower divorce costs
  • Privacy and discretion, as the information on your divorce is not shared in the public forum of the court
  • Amicable resolution to the dissolution of the marriage

Drawbacks of Arbitration

While arbitration can benefit couples, it also has some drawbacks. If you signed a binding agreement, for example, you might not be able to appeal the arbitrator’s decision. On the other hand, you might end up in court anyway if your agreement allows for appeals and either you or your spouse do not agree with the decision, adding to the time and cost of the divorce.

If you want to resolve your divorce issues outside the courtroom and want to learn more about the arbitration process, you can call us at 215-886-1266 to schedule a consultation with Joanne Kleiner at our Jenkintown office. You can also reach out to us through our contact form.