Three Divorces In One

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

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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.

Date of Separation and the Collaborative Divorce 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.
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.

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.

by Frann Setzer, Esq.
MBA/Certified Family Law Specialist
The Law Office of Frann Setzer, APLC

In some dissolutions, the date that parties separate is a crucial issue. This is because by law, the marital ‘community’ ends on the day when parties separate. The end of the marital community means that income earned or possibly property purchased after that date might belong to only one person. The date that parties separate also determines the length of the marriage, which potentially affects the length of spousal support or whether or not spousal support can be terminated.

Attorney Frann Setzer

Family law attorney Frann Setzer

While each situation is different, the date of separation can be a very contentious issue in a divorce.

For example, let’s say that Ms. Smith is the primary wage earner for her family. She believes she and her husband separated in January 2015, when she packed most of her belongings and began to spend many nights at her friend’s house and on the sofa at her office. Ms. Smith did return to the marital home for dinner at least twice a month. The couple also decided not to tell very many people about their impending divorce. Mr. Smith works, but earns approximately 20% of Ms. Smith’s income. He believes that the parties separated in August 2015, when Ms. Smith finally rented an apartment.

In March 2015, Ms. Smith received approximately $500,000 in commissions from work that she did from January 2015 until March 2015. Since Ms. Smith believes the date of separation was January 2015, she also believes that the $500,000 is her separate property.

Conversely, given his belief that they separated in August 2015, Mr. Smith believes the $500,000 is community, making him entitled to $250,000. To complicate matters further, in March 2015, the parties would have been married for 10 years. Under California law, a marriage of 10 years or longer is considered ‘long term,’ which could greatly affect spousal support.

The facts of this particular situation are such that, a court could find for either party in terms of a date of separation. It could be January or August. One person ‘wins’ and one person ‘loses.’

Does this sound complicated? The above situation occurs more often than you might think. Many people do not wish to be a part of the adversarial world of litigation, where the outcome is all or nothing and where they risk making enemies of each other.

Enter the Collaborative Divorce process, where clients can meet with their attorneys, divorce coaches and their financial neutral and craft a solution to a very complicated situation that works for them. Their attorneys advise them of the law, their coaches get them to examine their true goals and the financial neutral can examine their needs. A global solution can be reached that takes into account property as well as support. Complexity is not the issue, the willingness of the parties to listen to each other and reach an equitable solution is the definitive factor.

July 2 Workshop Helps Couples Make Good Divorce Decisions

Experts offer guidance and answer questions at free workshop

(SAN DIEGO) – No two divorces are alike, but this much is true: divorce is stressful even under the best of circumstances. It can be especially hard if you have children or economic difficulties.

The good news: It is possible despite challenges to preserve the emotional and financial resources of the family while respecting everyone’s needs during a divorce.

Figuring out a way to get divorced without hurting your children or destroying family relationships may seem impossible. The Collaborative Family Law Group of San Diego can explains how to make it happen through its “Divorce Options” workshops.

The next Divorce Options in San Diego takes place on Saturday, July 2 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.

No matter what your personal situation, workshop leaders can help you navigate this difficult time in your life.

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.

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.

“We could not be more pleased by the response to our workshops,” said Dan Martin, family law attorney and Collaborative Family Law Group of San Diego member. “The Divorce Options program gives us an opportunity to help people 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,” said Martin.

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.

Realistic Expectations in Divorce: Do Leopards Ever Really Change Their Spots?

leopards-don-t-change-their-spots_things-wish-id-always-known-menby Shawn D. Skillin, Esq.
Collaborative Attorney and Mediator

As a mediator, I met with a Mediation couple today. I like both of them very much. We
are the same ages, have similar interests and if I wasn’t their divorce mediator, I could be friends with each of them. But what struck me again today, was how divorcing spouses treat each other and annoy each other, and yet at the same time they find this surprising and frustrating.
Shawn Skillin

You are getting divorced. There are multiple reasons why you are getting divorced. Many of them boil down to that fact that you each have a different perspective on various issues. One of you likes the house neat and tidy, the other leaves dirty socks and wet towels on the floor. One of you is fussy about the budget, the other just wants to know if the ATM card works. You each have a different set of expectations for the children and approach discipline in different ways. You both have frustrations, disappointments and hurt feelings. You have argued over these issues many times, you can recite each others point of view word for word. You have stopped even pretending to listen.

Yet when one of you decides to file for divorce there is often an expectation that somehow this will change. The other person will now see your point, change their perspective, after all you must have gotten their full and undivided attention now! Right? Mmmm … not so fast.

In divorce, your individual perspectives don’t magically change. You still see things differently from each other. These differences continue to annoy and frustrate you. Yet, both parties often continue to treat each other in the same way and expect a different outcome. These communication styles didn’t work during the marriage, they aren’t going to work during the divorce. The definition of insanity is doing the same thing over and over and expecting different results.

This is why I love Mediation and Collaborative Divorce. In Mediation, the Mediator is a neutral third party who helps interpret and re-frame what is being said. The Mediator can put a different spin on the issue, help you both see it in a different way, or at least point out that this isn’t unusual that you each see it differently. The fact that you do, doesn’t make either of you right or wrong, good or bad, just different.

In Collaborative Divorce, there is a Coach, or two, and two attorneys who help each party take a step back and take a fresh look at old issues. Perhaps, even learn a new way of presenting information and proposals to each other. They help you see what you do have in common and how, even with your differences, you can resolve issues, co-parent and work together.

Both Mediation and Collaborative Divorce keep you focused on the present and the future; the past can’t be changed.   How you got here is not nearly as important as where you choose to go now and in the future. In the best Mediated and Collaborative Divorces the parties learn new communication tools that can help them resolve their issues and move forward with hope.