Initial Agreement on No-Court Divorce

The process begins with you and your spouse agreeing to try a no-court divorce and each hiring a divorce attorney for advice and assistance.  Then you, your spouse, and your lawyers meet to discuss all the options available. The goal is to design a strategy that will resolve matters peacefully and set a cooperative tone for any post-divorce interactions.  This is particularly helpful where children are involved. 

Agreeing on a strategy for handling the divorce may occur either before or immediately after a Petition for Dissolution is filed.  Once this is followed by the filing of temporary orders, responses, and case management stipulations, the no-court resolution process begins.

Negotiation

Your first option for handling the divorce issues is negotiation.  You and your spouse, with your respective attorneys, attempt to resolve issues through face-to-face meetings and the exchange of written offers and counter-offers.  This process will usually be accompanied by any asset or valuation appraisals needed – for example, of the family home, or of a business owned by one or both spouses.  Each spouse may need a CPA or tax attorney to plot the best financial strategy for property division and support.  The goal is always to reach a mutually acceptable agreement rather than to fight over the various matters in your divorce. 

Mediation

When the spouses are too emotional to resolve issues through negotiation, or when they can’t agree on one or more issues, mediation by a trained divorce mediator may be useful.  In one or more sessions, the mediator typically meets separately with each party and their attorney, and then holds a joint meeting with both parties and attorneys.  The mediator helps to diffuse emotions and bring the parties to the point where they can each make and accept concessions to resolve one or more issues.

Arbitration

Finally, if the parties are still at odds, they can agree to have a trained private arbitrator – typically, a retired family law judge or a family lawyer with years of experience – hold a hearing and make a decision for them.  Although this is not cheap, it is still far less expensive than a court proceeding. 

Finalizing the Divorce

When all of the issues are resolved, and any insurance and tax issues have been handled, the divorce is ready to be finalized.  Legal papers are filed, and the court issues an order dissolving the marriage.

Although the ending of a marriage is never a happy time, the no-court divorce can save money, preserve relationships, make it easier for the divorced parents to communicate comfortably on issues concerning their children, and allow the children a smoother transition into the new family situation.

Call San Diego Law Firm for either Traditional or No-Court Divorce

The experienced divorce lawyers of San Diego Law Firm can help you through either a traditional or no-court divorce, while protecting your rights to a fair resolution on issues of property division, child and spousal support, and child custody.  To set up an appointment, please call San Diego Law Firm today at (619) 794-0243.  We look forward to helping you.

Although the speed and convenience of mediation can lead someone to decide they can represent themselves without getting their own attorney, this is not always a good idea.  A mediator, even if licensed as an attorney, does not function as a “shared” divorce lawyer.  The mediator does not represent either spouse, or give either spouse legal advice.  The resulting agreement may not benefit both spouses equally.  A spouse who has hired a divorce attorney to advise them beforehand, or help them at the mediation, or review the final mediation agreement before it is signed, may have a distinct advantage in obtaining favorable divorce terms for themselves.

If you go through divorce mediation without a lawyer and then later have problems collecting alimony or child support, or obtaining valuable personal property that was supposed to be yours under the final agreement, you may find you no longer have the cooperation of your ex-spouse.  At that point, you will probably need a lawyer to assist you.  Unfortunately, though, the lawyer will be stuck with your divorce mediation agreement, including any legal pitfalls in the agreement that you were not aware of when you signed it.  If you instead have an experienced lawyer advising you throughout the mediation, and making sure the final terms are favorable to you, you are much more likely to end up with an agreement that protects your children, property, and future financial security. 

Divorce is a serious legal matter that can affect you for years, and an experienced divorce attorney is a worthy investment.  If you are considering a divorce or are in the process of divorce and need a good divorce lawyer, meet with one of the knowledgeable divorce attorneys at San Diego Law Firm, and let us protect your long-term interests.  We can represent you before or during a divorce mediation, or in any other type of divorce proceeding.  Please call San Diego Law Firm today at (619) 794-0243 to schedule an appointment.

An alternate path is the amicable divorce (also called an uncontested divorce).  Here, both parties are able to negotiate and reach agreement on the terms of the marriage dissolution.  There are different ways to reach this settlement, such as through negotiations, collaborative divorce, and mediation.  Divorce litigation can drive divorcing spouses to treat one another as enemies, but by reaching settlement through these alternative methods, you may be able to avoid a lengthy contested divorce and reduce costs.  Collaborative law and mediation also give you and your spouse the opportunity to exercise more control over how the legal issues in your divorce are resolved.  Compare this to a divorce trial where a judge will decide who gets what.  This becomes even more important when you consider the long term effects of a dissolution judgment, most of all when children are involved and you’re trying to promote a healthy post divorce relationship with the other parent.  In a collaborative divorce, both you and your spouse will have your own lawyers, and everyone will be involved in discussing the family law issues and possible resolutions.  Similarly, the goal of divorce mediation is also to reach a mutual agreement by working together but with the added help of a mediator who will act to facilitate settlement.  The mediator won’t be able to advise the parties because he or she has to remain neutral.  Once a settlement is reached, the agreement will be put in writing and be presented to the court for approval.  Typically, the court will grant an uncontested divorce on the terms of your agreement. 

No matter if the divorce is contested or amicable, California law requires divorcing spouses to exchange initial and final financial disclosure declarations and other documentation.  These financial disclosures are essential to making sure you know where you stand and whether a settlement will be fair, and must be carefully reviewed.  When a settlement is reached, a marital settlement agreement (MSA) has to be prepared.  This agreement needs to be comprehensive and carefully thought out, because an MSA will become your divorce judgment if it’s approved.  Before signing the marital settlement agreement, community property issues including any waivers or reimbursements; pensions; as well as the characterization (ownership), valuation, and division of assets have to be assessed so you can reach a fair resolution that protects your rights.  Also keep in mind that your proposed agreement of family law issues such as child custody, visitation, and child support must comply with California family law and policy to be accepted by the judge, as is true for other terms of your MSA.  Even if agreement can’t be reached on all issues, you can still narrow the scope of the divorce trial by resolving part of the divorce through settlement. 

In any case, it’s essential that you understand your legal rights under California’s community property and family laws so you can reach a fair settlement, and that you have an experienced advocate on your side whether in court or during settlement.  Our family law attorneys will help you through the divorce process and seek ways to minimize the financial and emotional impact of divorce.  We’ll advise and guide you through negotiations to help ensure that your agreement abides by California law, and prepare a comprehensive marital settlement agreement that will be more likely to be accepted by the judge.  Dissolution raises complicated legal issues and key questions affecting your property and family rights in the future, which is why we’ll keep you well informed and protect your interests, giving you peace of mind as you move forward.  Learn how we can help you by calling our San Diego Law Firm divorce attorneys at (619) 794-0243.

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?  As a general rule, separate property stays with the spouse it belongs to and isn’t divided when divorcing.  So does the other spouse have an interest in the business?  Well, assuming there was never an agreement to change the ownership of the business, the business is generally still that spouse’s separate property…but that’s not the end of the story.  If the business has grown during the marriage, part of that increased value is often shared by both spouses.  This is because under California’s community property system, once you’re married, each spouse’s labor is considered a community effort.  After all, had that spouse not spent the community’s time improving his or her own business, and instead had earned a salary by working for someone else, then that salary would have been community property. 

Once it’s determined that at least part of the business is community property, then you have to figure out what the business’s value is, and how much the community is owed.  Depending on the circumstances, it may be that the business earned well over what’s considered to be a fair return on the investment, and so any earnings beyond a “fair return” could be considered a community asset to be divided upon divorce.  While at other times, a better approach may be to set a reasonable value on the services of the spouse who worked in the business, and this salary would be the community’s interest in the business.  The community may have already received part of this value during the marriage, such as when the money earned is used to pay family expenses.  Those payments would be deducted from the salary, and whatever amount remains would be divided at divorce.

Every divorce is different, and many more factors need to be evaluated to fully determine a business’s value.  We’ll assess these factors to determine how to fairly value and divide a business and other marital property.  Valuation methods vary, and we’ll always work to protect your interests as assets are divided.  It may be true that at first glance, a do-it-yourself divorce is tempting for obvious reasons, e.g. speed and cost.  But even when couples are on good terms with each other, tough questions come up.  You need to know your rights under California law to help ensure you get a fair divorce, and you must fully understand what you’re agreeing to.  Otherwise, you may wind up having to deal with dreaded surprises later on if mistakes were unknowingly made during the divorce.  Instead, consider cost-effective alternatives such as collaborative divorce and mediation.  We’ll discuss your options with you and help you get through the complex property division and divorce process.  Reach San Diego Law Firm’s experienced divorce attorneys at (619) 794-0243.

Even though it’s no longer as easy for a divorced parent to move with a child, if the relocation is allowed, a non-custodial parent’s main concern is in finding ways to stay close to their kids despite the distance.  When this happens, parents may want to consider virtual visitation as a way of keeping connected.  Virtual visitation can mean chatting face-to-face online using video webcams, playing online games together, and instant messaging.  It’s not meant to be a substitute for the time you spend in person with your kids, but for long distance parents, video conferencing can help keep the relationship strong.  In an AP article posted on MSNBC, father Michael Gough spoke about how the technology helped to keep him and his daughter in contact.  Gough explained, “I saw her first loose tooth.  I saw her haircut, new outfits – things you want to see on a daily basis but you can’t in person because you’re a divorced parent.”  For the same reasons, virtual visits can also help non-custodial parents who need to relocate.  Parents in this situation should also bear in mind how essential it is to modify your custody and visitation order so that you can maintain parenting time.

Move aways are one of the most difficult issues that can face families after divorce, and often a better resolution can be achieved through mediation.  Whenever possible, we’ll help you reach a mutual agreement with your ex-spouse and submit your agreement to the court for approval.  If you need to relocate with your kids, or if you need to prevent a move away, contact San Diego Law Firm’s family law attorneys at (619) 794-0243.  We’ll act quickly and take the steps needed to protect your family and work toward your goals.

1. Make sure they know it is not their fault.
2. Don’t talk negatively about the other parent.
3. Schedule and maintain regular visitation no matter what.
4. Allow and encourage them to talk about their emotions.
5. Don’t use them as emotional surrogates.

Throughout the divorce, our lawyers are committed to keeping your children’s best interests at the forefront.  If you and your spouse have minor children, key decisions regarding custody and visitation can often be resolved through either collaborative law or mediation.  Both options allow you and your spouse to reach mutual agreement on many divorce issues outside of court.  Not only can these approaches develop cooperation and better parenting arrangements after divorce, but collaborative law and mediation can also be more cost effective than traditional litigation.  Divorce can be a complex process, but we’ll help you understand the issues, including child custody and visitation law.  You’ll then be able to make the decisions that will be best for you and your family.  Reach our family law attorneys at San Diego Law Firm by calling (619) 794-0243.

No matter what your situation, if you need to divorce, you can often reduce the costs by seeking alternatives to litigation. Collaborative divorce and mediation can offer you a better opportunity to resolve your family law issues and keep you out of the courtroom. These processes allow you to reach mutual agreement, which can save time and reduce stress. Not only that, collaborative divorce and mediation can promote cooperation and minimize conflicts, which is especially important for those who have children together.

San Diego Law firm is experienced in collaborative divorce and mediation; let us show you how it can save you money and protect your interests. For an appointment with an experienced divorce attorney, please call us today at (619) 794-0243.