Your Real Estate Options During Divorce (VIDEO)

The financial impact of divorce on the family is one of the leading concerns couples have entering the divorce process. For most families, the family home is their largest single investment. What are you options? Should you sell your home when you divorce? Should you keep it and co-own it? What about renting it out? This can be one of the larger and more important decisions you need to make.

Collaborative Family Law Group of San Diego member Justin Reckers, Justin A. Reckers, CFP, CDFA and CEO of WellSpring Divorce Advisors answered questions about issues focused on real estate concerns during divorce on this recent edition of the “Craig Sewing” YouTube video program.

Contact the Collaborative Family Law Group of San Diego at 858-472-4022 or visit our contact page to consult with one of our members to learn about your financial options during your divorce.

Nine Tips for Deciding Fair Spousal Support

by Robin DeVito, Attorney at Law

One of the more difficult issues facing people getting divorced is the issue of spousal support. For both parties, questions generally focus on how much support will be, and how long is it paid.

There are three types of spousal support orders.

The first: Money is paid for spousal support for a period of time.

The second: Money is not being paid for support, but the recipient spouse may go into court to ask for support. This is commonly called the court reserve jurisdiction over the issue of spousal support.

Spousal support decisions during a divorceThe third: The right to ask for spousal support is terminated forever. This means that the spouse may never ask the court to order spousal support.

Through my experience as a family law attorney, I have created a list of nine tips that will help you navigate this tricky area of your divorce.

For the party requesting spousal support:

  1. Be realistic when listing your needs. Your needs are your monthly expenses. A financial specialist can assist in preparing a realistic list of expenses.
  2. Determine if there is anything you can do to increase your income instead of relying on help from support payments.
  3. Put together a plan for school or training to increase your income.
  4. Be realistic about the changes that will occur with both your household and that of your spouse.
  5. Remember that spousal support is not a number generated by a computer. While we have “rules of thumb” for the length of time support may be paid, there are a number of factors that come into play under the law to assist in the calculation of spousal support.

For the party being asked to pay spousal support:

  1. Be realistic as to the time it will take your spouse to become self-sufficient.
  2. Remember that forcing a spouse into a low paying job is counter-productive.

For both parties:

  1. Each party must fully disclose their income from all sources. A financial specialist can assist in the identification of income.
  2. The goal of each party should be self-sufficiency within a reasonable period of time. If it means paying more up front to allow the party requesting support to complete training or education to increase his or her long-term income opportunities, think about it. It makes sense.

Couples who pursue a Collaborative Divorce work with a financial specialist as part of their divorce team. If you need to work through spousal support issues, you may want to consider the Collaborative Process for your divorce.

Contact the Collaborative Family Law Group of San Diego to find out whether a Collaborative Divorce is right for you.

Ask These Five Questions to Find Out If You Are a Candidate for Collaborative Divorce

by Adryenn Cantor, CFLS, AAML 
Law Office of Adryenn Cantor, San Diego, California

If you see the completion of your marriage as transition, instead of failure, then you can consciously decide how to move forward in dissolving your marriage with grace and thoughtfulness.

Instead of seeing the process as dividing assets, dividing time with the children, and each of you having your “own” attorney, using conscious transition means you can work together with the support of a Collaborative Team.

You may have no choice that your marriage is ending, but you have many chooses on how that ending is accomplished.

The team approach used in the Collaborative process allows:

  1. Each party to be supported by their own attorney, who works individually with their client and cooperatively with the team to assist the couple in getting to a win-win result.
  2. Each party, should they so desire, can have guidance from a well-trained mental health professional to help them with the emotions of transitioning.
  3. Children can have a mental health professional to be their voice during the process.
  4. The parties can have the wisdom and expertise of one neutral expert to assist with the financial issues; thereby getting the information they need at half the cost.

So, if this New Year you find your marriage ending, perhaps the Collaborative approach is the way to make this important transition happen with the help of a conscious and caring team.

Some thoughts about whether you are a good candidate to use the Collaborative Team approach. Ask yourself these questions:

  1. Do you want to end your marriage with respect and integrity?
  2. Is taking a rational and fair approach to dividing your assets more important than seeing yourself as a winner and your spouse as the loser in this process?
  3. Are your children the most important aspect in this process?
  4. Is saving money, which could go to you or your children more important than spending it on protracted litigation?
  5. Do you want to model for yourself, your spouse and your children how mature adults handle significant challenges?

If your answer is “yes” to two or more of these questions, you should definitely consider having a consultation with a collaboratively trained professional to see if the Collaborative Team process is for you.