Archive for the ‘Collaborative Law & Mediation’ CategoryThe Benefits of a “No-Court” DivorceMonday, January 30th, 2012A “no court” divorce, also called “collaborative divorce” is a way for divorcing spouses to resolve all the major issues of divorce outside of court. This gives control over important matters like property division, child custody, and support to the spouses rather than to a judge. It also costs a fraction of what both of spouses would spend fighting over these issues in court. Here is how a “no court” divorce generally works. (more…)
A Mediator is not a “Shared” Divorce LawyerMonday, June 20th, 2011Divorce can be long and expensive if spouses battle in court over child custody, the division of their belongings, and/or child support and spousal support (alimony). In many cases, a neutral, experienced divorce mediator can help the spouses reach an agreement on some or all of these issues, reducing the time and expense of court proceedings. In a typical mediation proceeding, each party consults separately with the mediator, and then the mediator brings both spouses together to craft a compromise agreement, which the spouses then sign. (more…)
Minimize Conflict and Expense: How You Can Avoid a Contested Divorce in CaliforniaTuesday, February 9th, 2010No one who is about to go through a divorce wants to be subjected to the type of spiteful and hostile divorces that are routinely portrayed in movies and television, but many feel that an adversarial contested divorce is inevitable to the process. A “contested divorce” means that the parties can’t agree on all the issues, such as property division, custody and visitation with children, the amount of spousal support (alimony), how to divide debts, or payment of attorney’s fees. In these cases, a family court judge will ultimately have to decide these questions after divorce litigation. The reality is that a contested divorce is usually not inevitable, and although a divorce will always be difficult, for many divorcing couples in San Diego much of the emotional and monetary cost of a contested divorce can be avoided. (more…)
Online Divorce: How Would You Decide Who Gets What in Your San Diego Divorce?Wednesday, November 18th, 2009Divorce at the click of a mouse – it may be coming soon to Brazil, according to an AP article published in the San Diego Union Tribune. Brazil’s Senate recently approved legislation allowing online divorces under certain circumstances, and the bill awaits a vote from the House of Representatives. If the bill becomes law, not everyone would be eligible for quick internet divorces, since it’s meant for those with less complicated and consensual divorces. The idea has not come to California yet, but if it did, how well would it work? As part of Brazil’s online divorce, you’d be able to divide assets. While this seems like it should be simple enough, many of the most difficult issues in a divorce come up when figuring out who gets what. For example, under California law, do you know what happens if one spouse started a business before getting married (making it separate property), and continued working in the business during the marriage? (more…)
California Move-Aways: Can “Virtual Visitation” Be Part of the Solution?Wednesday, November 18th, 2009New jobs and remarriage are two common reasons why divorced parents move out of San Diego or California. If you’re seeking to relocate with your kids, you’ll need the court’s permission first, or else you’ll be in violation of your court order. Not that long ago a parent with sole custody had an almost unrestrained ability to relocate with the child, but California child custody law in move-away cases has gone through many changes in the past several years. To decide whether to allow the move, the family court now looks at many factors, including whether the move would harm the child and how the child’s relationship with the non-custodial parent will likely be affected. (more…)
A Parent’s Dilemma: Safeguarding Your Children During a California DivorceTuesday, September 29th, 2009Every divorce in California poses its own difficulties, but when children are involved, many parents struggle with how to help their kids deal with the family changes and feel secure. A common mistake is to overlook the importance of sitting down with your children to really discuss the divorce, making sure your children know they can ask anything and be open about their reactions. Psychotherapist Dr. Matthew Capezzuto sets out “Five Steps for Helping Children Cope with Divorce” in his RoadmapstoSuccess.com article, also explaining what a child goes through when parents break up. (more…)
Getting Through the Recession in San Diego: What You Should Consider if You Need a DivorceMonday, July 13th, 2009Whether it’s true or not that divorce rates rise when the economy falls, it’s no surprise that San Diego divorces are affected by the recession in one way or another. A Time article points out that for some persons who are seeking divorce, it makes financial sense to divide assets now while businesses and stocks are valued lower. Meanwhile, others find themselves living together after separation because they can’t afford to maintain separate households. (more…)
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