Financial Mistakes Men and Women Make When Getting Divorced

Men and women often make financial mistakes when getting divorced. Learn what they are and how to avoid them. San Diego Collaborative Divorce information 858-472-4022

Men and women often make financial mistakes when getting divorced. Learn what they are and how to avoid them. San Diego Collaborative Divorce information 858-472-4022

Under the emotional stress of a divorce, it can be difficult to make decisions, especially when they involved financial matters. There are several common mistakes that occur. Some are made by the person who is the primary breadwinner, often the husband. There are different common mistakes made by the person who makes less money, or who is the primary parent, often the wife.

Justin Reckers, CFP, CDFA, financial professional and President of the Collaborative Family Law Group of San Diego, offers his advice on financial decision-making during divorce in two new informative articles in Investment News:

5 Financial Mistakes Divorcing Men Make

5 Financial Mistakes Divorcing Women Make

One of the worst decisions both women and men make: hiring a “killer” divorce attorney who will “fight” for them. Starting your divorce process on a contentious track means that all of your discussions about children, dividing assets and the transition from being married to being divorced become more challenging. It often takes a lot longer, and costs a lot more.

The Collaborative Divorce approach avoids the stress and expense of a litigated divorce, and results in healthier long-term outcomes. Contact the Collaborative Family Law Group of San Diego at 858-472-4022 or attend one of our Divorce Options workshops to learn more.

 

Can I Be Divorced Yesterday? Or is Slower Faster?

Photo: Camera4U/Creative Commons License

by Shawn Skillin, Esq.

I get calls all the time from one spouse who is in a great big hurry to get divorced. And that’s OK. But, the other spouse is often in exactly the opposite frame of mind. Why is that and how do you deal with it?  What does the law say?
Shawn Skillin
Let’s deal with the law first. In California, there is a mandatory six-month (181 day) waiting period before the court can terminate your marital status and make you single again. This is a mandatory waiting period. The six months starts when the Respondent is served or otherwise submits to the jurisdiction of the court, by filing a response or making a court appearance. The waiting period does not start when the petition is filed. Therefore, it will be at least six months before anyone can be single again.

In order to be divorced on the 181st day, you have to file your judgment package and your Marital Settlement Agreement with the court and give them time to process it. Because our California courts are backed up, none of this happens quickly and you should allow 8 to 20 weeks for your Judgment to be processed. That’s an additional two to five months!  In the meantime, you are still married. So as I always tell my clients, the wheels of justice turn, but they turn very slowly.

In addition to meeting the requirements of the waiting period, there is the issue of the “slow moving spouse.” In a divorce, it is not uncommon for one spouse to be in a bigger hurry than the other, who may be in no hurry at all.

The slower moving spouse is probably in a different part of the grief cycle than the faster-moving spouse. The end of a marriage is a great loss and both parties must grieve it.  The grief cycle is comprised of five phases: Denial, Anger, Bargaining, Depression, and Acceptance. Most people do not move through the process in this precise order. They move one step ahead, then two steps back, and will likely pass through one phase or another more than once.

In addition, everyone proceeds at a different speed and likely started the grief process at different points in time. The faster-moving spouse is likely to have already done most or all of their grief work and the slower moving spouse may just be getting started. The slower moving spouse may be stuck in denial or mired in depression. At this point, the slow moving spouse is not likely emotionally able to make the many significant decisions facing them in a divorce. They may seem unable to make any decisions at all. The spouse still processing their grief needs time, support, and maybe even some counseling to help him or her move forward.

If the faster-moving spouse tries to push the slower moving spouse ahead too quickly, the likely result is putting on the brakes and slowing down even more. The better plan: allow the process to proceed more slowly, so the other spouse is steadily moving forward. The slower moving spouse needs time to get to an emotional state of mind where he or she can take in, and process, information in order to make good decisions.

In other words, sometimes slower is faster when it comes to divorce.

The team approach of the Collaborative Divorce process works well in these situations. Divorce coaches can help each party in managing their own grief process and in understanding where the other party stands in his or her grief process. The attorneys can focus their attention on keeping the process moving forward legally at a pace agreeable to both parties.

 

Free Workshop on Divorce Options Saturday, December 3

What are the first steps to take if you're thinking about divorce? Get answers at our free workshop December 3. RSVP 858-472-2022 San Diego

Divorce during holiday season is especially challenging

(SAN DIEGO) – Facing decisions about divorce can be even more difficult during the holiday season.

San Diegans who are struggling with the difficult choices of a divorce can get answers from a free workshop offered by the Collaborative Family Law Group of San Diego.

The next “Divorce Options” workshop takes place on Saturday, December 3, from 9 a.m. to 12 noon at the Scripps Ranch Civic Association Community Center, 11885 Cypress Canyon Road (corner of Scripps Poway Parkway and Cypress Canyon, two miles east of Interstate 15).

Workshops take place the first Saturday of every month. Seminar leaders help people in a diverse range of situations and are able to take any questions. Divorce is difficult and stressful even under the best of circumstances. It can be especially hard if you have children or economic difficulties. Divorce affects people from all walks of life, and no two situations are alike.It is possible despite challenges to preserve the emotional and financial resources of the family while respecting everyone’s needs during a divorce.

For additional information or to RSVP, call Divorce Options at (858) 472-4022 or email at sandiegodivorceoptions@gmail.com

What are the first steps to take if you're thinking about divorce? Get answers at our free workshop December 3. RSVP 858-472-2022 San Diego

What are the first steps to take if you’re thinking about divorce? Get answers at our free workshop December 3.

Led by volunteer attorneys, financial specialists, and mental health professionals who are members of the Collaborative Family Law Group of San Diego, the workshop will cover the full range of choices couples have as they contemplate divorce, focusing on the non-adversarial, out-of-court options.

The Divorce Options program helps San Diegans become more knowledgeable about the resources they can draw on to plan an effective transition that respects the needs and interests of all family members. Taking time to become more knowledgeable can go a long way to ease the anxiety about your divorce, and allows you to take control of your future.

Divorce Options provides unbiased information about self-representation, mediation, collaborative divorce, and litigated divorce. The workshop deals with the legal, financial, family and personal issues of divorce in an informational and compassionate small group setting. There is NO solicitation of business.

The Divorce Options program welcomes anyone thinking about divorce or other relationship transitions including co-habitating couples with children or LGBT couples looking for a process aware and respectful of their unique needs. Divorce Options offers useful information adaptable to a wide variety of family circumstances.

Topics include:

  • Litigation, mediation and collaboration – the risks and the benefits of each process
  • Legal, financial, psychological and social issues of divorce
  • How to talk about divorce with your children
  • Guidance from divorce experts

By learning about divorce and the different process options available you can maximize your ability to make good decisions during the difficult and challenging time. Divorce Options is a workshop designed to help couples take the next step, no matter where they are in the process. It identifies strategies to help you stay out of court, and helps you identify the social, emotional, legal, and financial issues that are most pressing for you.

About the Collaborative Family Law Group of San Diego

CFLG San Diego’s members work together to learn, practice, and promote collaborative processes for problem solving and the peaceful resolution of family law issues, with an eye toward preserving the emotional, as well as the financial, assets of the family. Its goal is to transform the resolution of family law issues through respectful, collaborative processes that protect the integrity and health of family relationships and eliminate the need for families to resort to litigation.

CFLG is online at www.collaborativefamilylawsandiego.com, and LinkedIn.

What Is A Divorce Coach – and Do I Need One?

A Divorce Coach can help couples maintain caring and respect through the process to help the entire family move forward in a healthy way. Photo: Josh Kenzer, Creative Commons license

A Divorce Coach can help couples maintain caring and respect through the process to help the entire family move forward in a healthy way. Photo: Josh Kenzer, Creative Commons license

by Lynn Waldman, LCSW, and Tina Mears, LMFT

lynn2_md

Lynn Waldman, LCSW

Couples starting the Collaborative Divorce process understand they will be working with family law attorneys to help facilitate the legal requirements. They also recognize the advantages of working with a neutral financial professional such as a Certified Financial Planner or Certified Divorce Analyst, especially when there are important assets or property involved as part of the financial settlement.

But some couples don’t initially think they need a divorce coach. They say, “Well, we get along fine and we don’t need help,” or “I’m coping with everything OK, so why do I need to see a therapist?” Sometimes there are concerns, especially in Collaborative Divorce, about paying for “all these people” when they don’t seem necessary.

After many years of experience as licensed mental health professionals working with divorcing couples through the Collaborative Process, we can tell you that the investment in your emotional well-being throughout your divorce will benefit you not only today, but for many years to come.

What Is A Divorce Coach?

A Divorce Coach is a licensed mental health professional trained to assist clients with the emotional challenges of divorce, communication, parenting plans and preparation for the future. Through Collaborative Divorce, clients work on multidisciplinary teams with attorneys, fina

Collaborative Family Law Group of San Diego with divorce solutions. Call 858-472-4022

Tina Mears, LMFT

ncial specialists and other professionals, sharing information through a transparent process with the goal of a family-centered resolution.

How Can A Divorce Coach Help During a Divorce?

A Divorce Coach can play a critically important role in helping couples work through the process by addressing challenges in communication, emotional coping skills, and parenting.

Communication

  • Identify underlying needs and wants and how to express these interests clearly.
  • Teach communication strategies around decision-making and problem-solving.
  • Facilitate the negotiation so that everyone feels heard and solutions are found.
  • Communicate with each other, with attorneys and financial specialists frequently.

Emotional Regulation

  • Offer skill based strategies for managing emotions.
  • Provide structure when facilitating difficult conversations and negotiations.
  • Facilitate client control of the process and maintain the client’s vision for the end result.
  • Help a client’s attorneys understand individual roles, the dynamics of the team and how both affect the Collaborative Process to work more effectively.
  • Help professionals understand how relationship dynamics affect the Collaborative Process and prevent or address stumbling blocks when they occur.

Parenting Plan:

  • Offer parents a safe place to propose and discuss possible parenting plan options.
  • Consider developmental stages of children in parenting plan proposals.
  • Allow difficult emotions to be present in working through child sharing arrangements.
  • Offer insight into developing a roadmap for the new dynamics of the family.

Sometimes by default, couples begin to see their attorneys as surrogate therapists or coaches. This is understandable but not productive. Attorneys are not trained mental health professionals, and their role is to provide their valuable legal expertise. It is not an effective use of time or money to try to work through mental health issues with legal professionals.

In the long run, you will work through your emotional challenges far more easily and effectively with a trained mental health professional who understands the Collaborative Process to work with you as you navigate this critically important chapter in your life, and help prepare you and your family for the chapters ahead.

 

 

 

Washington Post Article Features CFLGSD Member Justin Reckers

washpost-illustration-php

Board member and incoming president Justin Reckers was quoted in a recent Washington Post essay on the financial realities women often face after divorce.

Please read the article here.

The Collaborative Family Law Group of San Diego welcomes the opportunity to share our members’ expertise about divorce issues in nationally respected publications. We also offer speakers to your group or organization. Please contact us at 858-472-4022.

 

Three Divorces In One

by Traci Hoppes, Family Law Attorney
Law & Mediation Firm of Klueck & Hoppes

BrokenHearts640

Family law attorneys are hired to help people obtain a legal divorce. However, most divorce clients are really going through three different “divorces” at the same time:

Traci Hoppes

1.  Emotional Divorce

The emotional divorce begins with the decision to separate and ends when both spouses accept the fact that the relationship is over. Psychologists who have studied divorce believe that ending a relationship means going through a grieving process similar to grieving the death of a loved one. Borrowing from Elisabeth Kubler-Ross’s studies of the grief process, psychologists have identified certain emotional stages that everyone grieving the loss of a relationship goes through:

  • denial and shock
  • bargaining
  • anger
  • acceptance

An awareness of where you and your spouse each are in the emotional divorce is essential. An out-of-control emotional divorce can cause a lot of problems with the process.

There are so many financial implications to divorce including the date of separation. It is best to work with expert divorce attorneys and financial professional on your side.

2.  Financial Divorce

In the financial divorce, the property and debts accumulated during the relationship get divided up. The income used to support one household will have to somehow stretch to pay for two.

Ideally, the couple will find a way to divide things up that works for both of them without spending a ton of money on lawyers’ fees and court costs. But, this will require cooperation. If the couple is unable to cooperate, they will find it hard to make the financial decisions needed to complete the divorce process.

Taking your divorce disputes in front of a judge is not always the best method of reaching a satisfactory solution. Consider the Collaborative Divorce approach instead.

3.  Legal Divorce

The legal divorce can be the simplest of the three divorces, or it can be the most difficult. There are waiting periods and other formalities to be observed. Certain documents need to be completed and filed with the court, and eventually a judge will sign the divorce judgment.

As long as legal requirements are followed, and especially if the case is uncontested with no disagreements that the court needs to resolve, getting a divorce does not need to be all that complicated or expensive. But if the couple gets stuck in emotional or financial conflict, the legal divorce can become a long and expensive battle.

A Better Way…

If a couple wants to settle things but is having trouble doing so on their own, Collaborative Divorce offers tools to help a couple communicate at a time when things between them may be at an all-time low. With the help of trained professionals, the couple can assess where they stand in the process for each of the three divorces, identify the decisions that need to be made together, and then make those decisions in a way that takes into account what needs to happen and is best for both of them.

Real Talk San Diego Features Attorney Meredith Lewis

Meredith Lewis flyer

Tune in to Real Talk San Diego on ESPN Radio 1700 this Thursday, September 1, at 1 p.m. to hear Collaborative Family Law Group of San Diego member and Certified Family Law Specialist Meredith Lewis.

Meredith will discuss family law issues and mediation.

You can listen from anywhere online: http://www.realtalksandiego.com/

Free Labor Day Weekend Workshop on Divorce Sept. 3

Get your questions about divorce answered at a free workshop on Saturday, April 1 in Carmel Valley. RSVP today.

Find answers to your difficult questions at this free workshop

(SAN DIEGO) – San Diegans who are struggling with the difficult choices of a divorce have found the place to get their answers: the Collaborative Family Law Group of San Diego Divorce Options workshops.

The next Divorce Options in San Diego takes place on Saturday, September 3, from 9 a.m. to 12 noon at the Scripps Ranch Civic Association Community Center, 11885 Cypress Canyon Road (corner of Scripps Poway Parkway and Cypress Canyon, two miles east of Interstate 15).

Workshops take place the first Saturday of every month. Seminar leaders help people in a diverse range of situations and are able to take any questions. Divorce is difficult and stressful even under the best of circumstances. It can be especially hard if you have children or economic difficulties. Divorce affects people from all walks of life, and no two situations are alike.It is possible despite challenges to preserve the emotional and financial resources of the family while respecting everyone’s needs during a divorce.

For additional information or to RSVP, call Divorce Options at (858) 472-4022 or email at sandiegodivorceoptions@gmail.com

Led by volunteer attorneys, financial specialists, and mental health professionals who are members of the Collaborative Family Law Group of San Diego, the workshop will cover the full range of choices couples have as they contemplate divorce, focusing on the non-adversarial, out-of-court options.

Get your questions about divorce answered at a free Scripps Ranch workshop on Saturday, September 3. RSVP today.

Get your questions about divorce answered at a free Scripps Ranch workshop on Saturday, September 3. RSVP today.

The Divorce Options program helps San Diegans become more knowledgeable about the resources they can draw on to plan an effective transition that respects the needs and interests of all family members. Taking time to become more knowledgeable can go a long way to ease the anxiety about your divorce, and allows you to take control of your future.

Divorce Options provides unbiased information about self-representation, mediation, collaborative divorce, and litigated divorce. The workshop deals with the legal, financial, family and personal issues of divorce in an informational and compassionate small group setting. There is NO solicitation of business.

The Divorce Options program welcomes anyone thinking about divorce or other relationship transitions including co-habitating couples with children or LGBT couples looking for a process aware and respectful of their unique needs. Divorce Options offers useful information adaptable to a wide variety of family circumstances.

Topics include:

  • Litigation, mediation and collaboration – the risks and the benefits of each process
  • Legal, financial, psychological and social issues of divorce
  • How to talk about divorce with your children
  • Guidance from divorce experts

By learning about divorce and the different process options available you can maximize your ability to make good decisions during the difficult and challenging time. Divorce Options is a workshop designed to help couples take the next step, no matter where they are in the process. It identifies strategies to help you stay out of court, and helps you identify the social, emotional, legal, and financial issues that are most pressing for you.

About the Collaborative Family Law Group of San Diego

CFLG San Diego’s members work together to learn, practice, and promote collaborative processes for problem solving and the peaceful resolution of family law issues, with an eye toward preserving the emotional, as well as the financial, assets of the family. Its goal is to transform the resolution of family law issues through respectful, collaborative processes that protect the integrity and health of family relationships and eliminate the need for families to resort to litigation.

CFLG is online at www.collaborativefamilylawsandiego.com, and LinkedIn.

Is The Alternative to Killing Each Other The Solution to a Family’s Problems?

Taking your divorce disputes in front of a judge is not always the best method of reaching a satisfactory solution. Consider the Collaborative Divorce approach instead.

by Sandra Joan Morris, Certified Family Law Specialist; Member, American Academy of Matrimonial Lawyers
Seltzer Caplan McMahon Vitek

Courts evolved long ago to provide an alternative to self-help and violent solutions to San Diego Divorce Attorney Sandra Joan Morris can help with your Collaborative Divorce 858-472-4022disagreements. Both sides submitted their positions, and a Solomon decided how to resolve the dispute. Determining a property boundary, or allocating fault and awarding funds might not go too badly, but dividing up a baby or deciding deeply personal issues, can. Resorting to litigation and court is a default position, the one last thing to try when all else fails, short of the self-help we call taking the law into your own hands. The question is, is court the best way to solve problems? It took me 44 years as a trial lawyer, but I have come to see that the alternative to settlement is litigation, not the other way around. And of the settlement methods I have used in the last two years, Collaborative Process has proven to be the most successful.

We have come to look at court suits and litigation as the inevitable recourse for a solution, forgetting that it requires turning over to a stranger who does not know you, your life, your family, or your history, the control of what will happen next.   That stranger may have little or no knowledge, experience or interest in your area of the law, or even in judging.   That stranger may have biases, implicit or explicit, that no one knows about, that will affect their own perception of what they see and hear.

There is the fantasy and misconception that somehow a judge will be able to determine the true facts and make the right decision based on the correct interpretation of the law. The reality is that there are no true facts as to events, there is only the perception of the facts. Over 2,000 innocent prisoners so far have been released from incarceration based on subsequently discovered scientific evidence, because witnesses misremembered, misidentified, didn’t see things correctly, and juries and judges erred. The Rashomon effect is described as the contradictory interpretations of the same event by different witnesses to it. It does not require that the witnesses have an evil intent or desire to lie. The case books are filled with cases that were judged incorrectly or in which the law changed unexpectedly.

Trial lawyers know that everything is perception, and they know that their job is to create in the judge a perception of a narrative that helps their client in court. It may not be true, but it will look and sound true.

This requires the parties in a litigated matter to state their case to the court in the way that is most helpful to themselves, and the least helpful to the other side. The judge then tries to figure out which person or witnesses sound the most like they are telling the truth. This is all done in a public forum for all the world to see and hear. In family court the process usually takes two to seven years, and a lot of money in fees, to conclude. Litigants on the opposite sides of a case do not like each other better after this process. It is asking a lot to expect that after it is over, the two parties will somehow be able to put the case behind them and go forward to co-parent children, or show up at family events at the same time, in a civil and respectful way.

There are better ways to solve problems than merely an alternative to violence. There are ways to reach creative solutions that work for the family going forward in a humane and respectful way. There are more economical ways to conserve resources for your families, rather than providing them for your lawyers’ families. I used to tell my litigation clients, you can send your children to college and settle this case, or you can send my children to college and litigate it. The better way to solve the problems is through a negotiated settlement. This can be facilitated by sitting down and talking, or having the assistance of a neutral mediator, or through the team approach of the Collaborative Process.

The least well known to most people, but the most effective, is the Collaborative Process. The reason why it is so effective is that all of the persons on the teams are trained the same way, and are dedicated to using their different skill sets to helping the parties reach their own informed settlement based on their respective needs and interests. The parties are in control of the outcome, and are assisted by the Collaborative teams to arrive at solutions.   It is a confidential, respectful process that empowers both parties. It rarely takes more than a year to complete, and the cost for the assistance of all of the team participants is far less than the fees and costs of the litigated case. The parties leave this process feeling intact, and with skills to assist them if they need to interact in the future to work through new issues that might arise.

Shawn Weber: Swimming With the Sharks or Dolphins?

What type of attorney do you want to help you navigate your divorce? Collaborative Family Law Group of San Diego member Shawn Weber describes his view of attorney styles in an interview on “Real Talk San Diego” heard on ESPN Radio 1700 AM. See a video of the interview here.

Listen to the full interview featuring Shawn’s insights on Alternative Dispute Resolution and divorce mediation including Collaborative Divorce in the Soundcloud podcast here.