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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

divorce

Jul 05, 2023

What is an Amicable Divorce?

Amicable Divorce: What You Need to Know

Divorce is never an easy process for anyone involved, but it doesn’t always require a bitter court battle. An amicable divorce is a viable option for couples who are willing to work together and create an agreement that reflects the best interests of both parties. This type of out-of-court divorce is often less stressful and time-consuming than traditional divorce proceedings.

Getting a Divorce Outside of Court

An amicable divorce is based on the agreement of both parties. This means that they must be willing to work together, compromise, and come up with a mutually beneficial plan for terms such as child support, child custody, spousal support, and the division of their assets and liabilities.

An amicable divorce is more likely to be successful if the couple agrees on all of the terms. If they disagree on even one issue, they’re more likely to need to take their dispute to court and allow a judge to make the final decision. An amicable divorce may still be an option if the couple is open to compromise about the contested issues, but they may need to seek out professional help from a mediator or lawyer.

The Amicable Divorce Process

The amicable divorce process often involves both parties working with a professional mediator who is trained to facilitate negotiations. The mediator is a neutral third party who helps the parties come to a resolution that is satisfactory for both and keeps them focused on their ultimate goal of reaching an agreement.

The divorce terms that are settled upon during divorce mediation will then be incorporated into a settlement agreement. Couples pursuing an amicable divorce may also choose to be represented by their own divorce lawyers during the negotiation process.

After the settlement agreement is drafted and signed by both parties, it will be submitted to the court. The judge will review the agreement and approve it if they determine that it meets the legal requirements for divorce in their jurisdiction. Once the agreement is approved, the judge will incorporate its terms into a final divorce decree, which officially ends the marriage.

The Benefits of Amicable Divorce

When available, an amicable divorce is often more financially, emotionally, and logistically sensible than a divorce that involves going to court. It allows couples to settle their disputes privately, which is a concern for many people as once divorce proceedings enter the courtroom they become a matter of public record. Furthermore, because couples don’t need to wait for a trial date, they aren’t subject to lengthy court backlogs and can finalize their divorce quicker.

This option also allows couples to have more control over the divorce process and create an agreement that reflects their needs. Creative solutions are more accessible in an amicable divorce since the couple knows each other. A judge will not have the same insight into what assets are important to each partner.

Emotionally, an amicable divorce reduces the tension and hostility that can arise during traditional court proceedings. Without having to fight for a favorable outcome in court, couples can focus their energy on creating a mutually satisfactory agreement and ultimately part ways with respect. And when minor children are involved, the collaborative approach may provide an opportunity to co-parent more effectively and minimize the emotional toll of divorce on the kids.

Both mediation and collaborative divorce ultimately require commitment, compromise, and patience from both parties, but they are excellent options for Pennsylvania couples who are motivated to part ways peacefully without the need for court intervention. If you’re interested in this type of divorce, you might want to seek the assistance of a qualified divorce lawyer who can help you determine if it’s the right choice for you. Contact the Law Office of Joanne Kleiner at 215-886-1266 to speak with an attorney at our Jenkintown office about your legal rights and options.

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.

Mar 08

The Principle of Equitable Distribution in a Pennsylvania Divorce

The Principle of Equitable Distribution in a Pennsylvania Divorce

Common law property states are those that recognize equitable distribution, and Pennsylvania is one of them. With equitable distribution, factors like separate property are considered, and it may also make a difference which of the partners filed for divorce.

There’s a Difference Between What’s Equal and What’s Equitable

Equitable distribution doesn’t mean equal division. Unlike community property states, you’re not going to split everything straight down the middle. Rather, equitable distribution takes the circumstances of both parties into consideration in an attempt to give each person what they need.

There are only nine states in the U.S. that use community property rules, which is the alternative to equitable distribution. In these states, the property is divided as equally as possible without taking into account the amount that each party contributed throughout the marriage.

What Happens in the Process of Equitable Distribution?

With equitable distribution, the process of dividing up your marital property is handled much more delicately by the courts than with community property division. The principles of equitable distribution give weight to what each spouse needs and what kind of means they’re working with after the divorce.

One common situation that comes up with equitable distribution is when one party has ended a career so that they could remain at home and look after the kids. After their marriage has ended, there’s a good chance that they’ll have a harder time supporting themselves financially, so it’s possible that a court may find that this spouse should get a bigger portion of their marital property.

The Process May Be Collaborative or Done Through Your Attorneys

Couples who are getting divorced have the chance to work out how to divide their marital property prior to court intervention in an equitable distribution state like Pennsylvania. This is comparable to how things work in community property states. Keep in mind, though, that whatever the couple decides is still subject to approval from the court.

Sometimes, this process might be done through the spouses’ divorce lawyers. But if both parties are willing and able to work together, it may be done in a collaborative environment. In the event that the couple isn’t able to come to some form of agreement in time, a resolution may be made at the court’s discretion. However, this still must be done within the state marital property law parameters, and a divorce lawyer can provide you with more information about what that might entail.

What Are Some Considerations for Equitable Distribution?

Some of the factors that are considered in equitable distribution include how long the marriage lasted, the spouse who has primary custody of any children who are still minors, and what the financial needs of both spouses are. Courts will also factor in the liabilities that each party has, both presently and going forward. One common example of this is when one person needs to pay for schooling to get their degree in order to make enough money to live on.

Any pensions earned by either party are also taken into consideration with equitable distribution as well as how much was contributed by each of the spouses to the total of their accumulated marital property. Courts will look at things like the individuals’ health, age and special needs along with any child or spousal support obligations that either one of them has to keep up with from previous relationships.

The marital misconduct of either spouse can also come up in equitable distribution. This may encompass any behavior from extramarital affairs, domestic violence or debts that were racked up from gambling.

Of these myriad factors that come into play with equitable distribution, one element that gets excluded from the considerations is premarital property because any personal property that was acquired prior to the marriage doesn’t count towards a marital estate.

If you’re dealing with a divorce in the Jenkintown area, call the Law Office of Joanne Kleiner today at 215-886-1266, and we’ll answer any questions that you might have about marital property and equitable distribution.

Mar 04

Divorce and Social Security retirement benefits

Everything You Should Know About Divorce and Social Security Benefits

Each year, roughly 50 million people collect retirement benefits from Social Security. Since these funds are such a big part of most retirement plans, it’s worthwhile to consider them in your divorce. Understanding how divorce impacts Social Security makes it easier to create smart financial arrangements.

Can You Collect Spousal Benefits After a Divorce?

The most important thing to know is that divorce doesn’t change most of the basic Social Security rules. As long as you were married for at least 10 years and have not remarried, you can collect your Social Security spousal benefits just like you normally would. Because the funds that go into Social Security are part of your joint household effort, you are still entitled to receive the benefits after you divorce.

Just like married couples, you can collect up to 50% of the amount of Social Security your ex is eligible for. Your ex cannot keep you from withdrawing benefits based on their Social Security, and the benefits that you collect won’t affect any payments to your ex or anyone they choose to marry. However, you’ll still need to follow the typical eligibility requirements associated with Social Security withdrawals. The process can be confusing, so if you have questions about your Social Security benefits, your Pennsylvania divorce lawyer may be able to help.

Eligibility Details for Ex-spouses

If you meet the main requirement of having been married for at least 10 years and not remarrying, you’ll be able to withdraw from Social Security once a few other eligibility rules are met. First of all, your ex-spouse needs to be able to collect their Social Security funds. They don’t have to be withdrawing benefits yet, but they have to be old enough to withdraw their benefits. If your ex-spouse is eligible to withdraw benefits but has not started withdrawing them yet, you need to be divorced for at least two years.

The other key eligibility detail is that you have to be eligible for Social Security payments. This will mean you need to be at least 62 years old. Keep in mind that your payments will vary depending on how soon you start withdrawing. People who wait until the full retirement age to withdraw will get higher payments. Depending on when you choose to begin collecting benefits, you will get between 32.5% to 50% of the amount your ex gets.

Finally, it’s important to recognize that your own Social Security benefits may impact your ability to withdraw based on your ex’s Social Security. No one is eligible to withdraw two separate Social Security payments. Instead, Social Security will look at all benefits you’re eligible for and only pay you the highest amount. So if your solo benefits are higher than the spousal benefits you get through your ex, you will only get your solo Social Security benefits.

Will Social Security Affect Your Divorce?

Keep in mind that Social Security is different from most other retirement details. Unlike a 401(k), your divorce lawyer doesn’t need to negotiate Social Security withdrawals during your divorce mediation. You don’t need your ex’s permission to get Social Security, and the number of benefits you get won’t affect their withdrawals at all. The government won’t even notify them when you begin withdrawing your spousal benefits.

However, this doesn’t mean you should entirely forget about Social Security during your divorce. Pennsylvania law is all about finding a fair, equitable distribution of assets during divorce. If one spouse is entitled to more Social Security retirement benefits than the other, a 50/50 asset split isn’t always fair. This type of division could mean that one person ends up with a lot more money when they retire. In these cases, your lawyer might be able to help you reach an arrangement where you get additional assets to compensate for your lack of Social Security.

If you have any other questions about divorce and retirement benefits, Joanne Kleiner is here to help. We can assist you in negotiations or mediation and finding a solution that suits everyone’s needs. To learn more about our legal services, fill out our contact form or call us at 215-886-1266