Member Garrison Klueck Named National Ombudsman for MENSA

Member Garrison Klueck was recently named the National Ombudsmen for MENSA, the national "High IQ Society." San Diego Divorce Lawyer

Congratulations to Collaborative Family Law Group of San Diego member Garrison Klueck on his new role as National Ombudsman for MENSA, the national organization often referred to as the “High IQ Society.”

Garrison was part of a recent Collaborative group presentation at MENSA’s annual conference held earlier this summer in San Diego.

Read more about Garrison’s new role with MENSA here.

Garrison Klueck, Ginita Wall, Debra Dupree, and Frank Nageotte discussed Collaborative Divorce at the 2016 MENSA Annual Gathering.

(Left to right) Garrison Klueck, Ginita Wall, Debra Dupree, and Frank Nageotte discussed Collaborative Divorce at the 2016 MENSA Annual Gathering.

 

Collaborative Divorce featured Thursday, Aug 18 on Real Talk San Diego Radio

San Diego based family law attorney Shawn Weber, member of the Collaborative Family Law Group of San Diego, will talk about Collaborative Divorce and other family law issues during his upcoming appearance on the ESPN 1700 AM Radio program “Real Talk San Diego” with hosts Ryan White and Karen Kaseno on Thursday, August 18, at 1 p.m.

Shawn will discuss the advantage of a Collaborative Divorce over a litigated divorce, and the reasons your family will benefit, especially if you have minor children. Shawn Weber flyer

You can listen online on the Real Talk San Diego website.

Desensitizing, Brutalizing, And Degrading: Is This the Effect of Divorce Court?

Learn about your Divorce Options at a free workshop on March 4 at 10:30 a.m. in the Carmel Valley area of San Diego. RSVP at 858-472-2022.

by Mark Hill, Certified Financial Planner, Certified Divorce Financial Analyst
and Ryan Fentin-Thompson, Certified Divorce Financial Analyst
Pacific Divorce Management

Divorce can be a dehumanizing experience, especially for children. Avoiding a court battle can help relieve some of the negative effects of divorce on the family.

Divorce can be a dehumanizing experience, especially for children. Avoiding a court battle can help relieve some of the negative effects of divorce on the family.

Oftentimes, a couple going through divorce is portrayed as angry, revengeful and resentful towards one another. While these feelings may be present we have found that the more prevalent sentiment for both parties is a feeling of sadness and sorrow. Despite any current animosity that may be felt towards one another, no one enters into marriage expecting to divorce, so there will always be some sense of loss.

From the outsider’s perspective, one might assume the hostility between the couple stems from the decision to divorce; however, more often, it is the process of divorce which produces these feelings. The litigation system drives people from sad to furious, furious to enraged, enraged to resentful. Open court is usually the worst place to negotiate the end of an intimate relationship. Not only is this a public forum but also it tends to place the focus on winning and losing which usually does not benefit the whole family.

mark-hill-photo-02One example I saw in my own practice was in a highly contested divorce where both husband and wife wanted to keep the family home. Since they could not reach agreement, the judge ordered the house sold, which had the result of taking the children away from their friends and requiring them to change schools based upon their parents’ new residency.

Even the best judges seldom have time to do more than render strictly legal based decisions which lack the creativity which families always need when facing divorce. I was struck by a recent TV commercial related to our current presidential election using the tagline “Our children are watching,” and thought how it also relates to divorce. Offspring of divorcing couples always learn a lot about relationships from how their parents behave throughout the process. My experience is that choosing the adversarial approach seldom improves such behavior.

It can be dehumanizing for the professionals involved as well. Most people go into this field from a desire to help families work through what is usually an incredibly difficult life event. Too often, we find the system forcing decisions that we know will not fit the needs of our clients. It undermines what motivates us to do this work and can distance us from our own sense of humanity and compassion. We in the field have all experienced cases where outcomes fall well short of what our hopes and expectations were at the point at which we were retained. Recent research has suggested divorce professionals pay an ongoing price for this, described as “vicarious trauma.”

Alternative dispute resolution allows many of the shortcomings of a traditional divorce to be addressed. Professionals are required to look for creative solutions that benefit the entire family rather than trying to advance the cause of one side. The clients are engaged and required to take responsibility for the decisions that are reached. In the case of Collaborative Divorce they do so with the resources of legal, financial, and mental health professionals together with them at the table. We have found that this provides the best opportunity for outcomes that avoid much of the negativity usually associated with divorce.

 

 

 

MENSA Members Get Smart About Collaborative Divorce

Garrison Klueck, Ginita Wall, Debra Dupree, and Frank Nageotte discussed Collaborative Divorce at the 2016 MENSA Annual Gathering.

Members of the Collaborative Family Law Group of San Diego spoke at the 2016 MENSA annual gathering, held over the Fourth of July weekend at the Town & Country Resort. A tradition for MENSA since 1963, the Annual Gathering has grown from a two-day meet-and-greet in New York to a sprawling and diverse collection of programs, talks, games and entertainment spanning the July 4th weekend.

Photography by Sheri Lowery.

Garrison Klueck, Ginita Wall, Debra Dupree, and Frank Nageotte discussed Collaborative Divorce at the 2016 MENSA Annual Gathering.

Garrison Klueck, Ginita Wall, Debra Dupree, and Frank Nageotte discussed Collaborative Divorce at the 2016 MENSA Annual Gathering.

Members Garrison Klueck, Ginita Wall, Debra Dupree and Frank Nageotte introduced MENSA members to the different process options available to couples considering divorce, including Collaborative Divorce, maximizing their ability to make good decisions during this difficult and challenging time.

MENSA members ask questions following the presentation on Collaborative Divorce at its annual conference in San Diego.

MENSA members ask questions following the presentation on Collaborative Divorce at its annual conference in 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.

Garrison Klueck speaks to the MENSA Annual Gathering in San Diego as Ginita Wall awaits her part of the presentation.

Garrison Klueck speaks to the MENSA Annual Gathering in San Diego as Ginita Wall awaits her part of the presentation.

If you would like representatives of the Collaborative Family Law Group of San Diego to speak to your organization, club, business, or social group, contact us at 858-472-4022 or email sddivorceoptions@gmail.com There is no charge for a presentation.

Informational materials on Collaborative Divorce are part of any presentation we offer to your group, organization, business or club.

Informational materials on Collaborative Divorce are part of any presentation we offer to your group, organization, business or club.

Not Your Parents’ Divorce: Hear Debra Caliguri on 1700 AM ESPN Radio

Listen to ESPN AM 1700 on August 4 for Real Talk San Diego with attorney Debra Caliguri about the benefits of Collaborative Divorce in San Diego

San Diego based family law attorney Debra Caliguri, member of the Collaborative Family Law Group of San Diego, will talk about Collaborative Divorce and other family law issues when she appears on the ESPN 1700 AM Radio program “Real Talk San Diego” with hosts Ryan White and Karen Kaseno on Thursday, August 4, at 1 p.m.

Debra will discuss challenges during divorce dealing with its impact on children from toddlers to teens to adult children, who all suffer from the effects of their parents’ divorce; how to preserve family relationships; and how to navigate the difficult financial issues. Listen to ESPN AM 1700 on August 4 for Real Talk San Diego with attorney Debra Caliguri about the benefits of Collaborative Divorce in San DiegoYou can listen online on the Real Talk San Diego website.

“Real Talk San Diego” Radio Features Collaborative Divorce on July 21

Certified Family Law Specialist Hildy Fentin, member and past president of the Collaborative Family Law Group of San Diego, will talk about Collaboartive Divorce and other family law issues when she appears on the ESPN 1700 AM Radio program “Real Talk San Diego” with hosts Ryan White and Karen Kaseno on Thursday, July 21, at 1 p.m.

You can listen online on the Real Talk San Diego website.

Collaborative Divorce is the topic on Real Talk San Diego radio on ESPN 1700 AM on Thursday July 21, 1 pm. Real Talk San Diego airs weekdays from 10 a.m.-12 noon and 1 – 2 p.m. on ESPN 1700 AM. The show features community business leaders and entrepreneurs sharing their insights and opinions on business, finance, real estate, political and lifestyle related topics that impact our communities. Its mission is to educate and inform the listening audience by constantly challenging the national media’s sweeping generalizations and fear-based journalism so its listeners can make informed decisions about “the business of life” in America’s Finest City.

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.

Get Answers at Divorce Options Workshop Saturday, May 7

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, May 7, 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.

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.

Family with dogThe 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

Collaborating From Afar On Collaborative Divorce Cases

Long distance Collaborative Practice can work effectively with the right team and approach.

Long distance Collaborative Practice can work effectively with the right team and approach.

by Meredith G. Lewis, CLS-F, CDFA

In most Collaborative Divorce cases, the parties and professional team members reside and work in the same city, and are able to have in person meetings throughout the process. What if a situation arises when one of the parties, or even one of the chosen professional team members, lives in another city, state or country? Is a Collaborative Divorce case even possible under this scenario? Depending on the circumstances of the case, it is absolutely possible.

Based on the success of a recent Collaborative case, my colleagues and team members Shawn Weber, CLS-F, Anna Addleman, CPA, CDFA, and Robert A. Simon, Ph.D will offer tips in our upcoming presentation titled “Collaborating From Afar: Strategies For Overcoming Obstacles in Long Distance Collaborative Cases” at the Collaborative Practice California (CP Cal) “Celebration XI” conferencein Redwood City, California in late April.

(L to R) Anna Addleman, Shawn Weber, Robert Simon, and Meredith Lewis will discuss long distance Collaborative Cases at the upcoming Collaborative Practice California Celebration XI Conference.

(L to R) Anna Addleman, Shawn Weber, Robert Simon, and Meredith Lewis will discuss long distance Collaborative Cases at the upcoming Collaborative Practice California Celebration XI Conference.

With the availability of technology, if a party or team member is not local, he or she can still attend Collaborative Divorce meetings and be completely involved in the process. We had the wonderful opportunity to participate in a Collaborative case where one of the parties resides outside of the United States. Though the team and the parties have faced some challenges with the process, it has worked well, and has enabled the case to proceed using the Collaborative Process without requiring the spouse who lives in another country to travel to San Diego.

Our team has developed several requirements for assessing whether your long distance Collaborative Divorce case can be successful. Note, however, that these are based on our experience with only one case and, therefore, these criteria are evolving.

  • Use of Technology: The professional team and the party who resides outside of the area needs to be familiar with the necessary communication technology to be utilized. There are several programs such as GoToMeeting, WebEx or Citrix which allow a person to appear remotely at a meeting.
  • Ability to Cooperate: The parties have a reasonable level of mutual respect for one another or have the ability to communicate.
  • Professional Teamwork: The professional team must be cohesive and flexible.

There are also ethical dilemmas that should be addressed by the team the Collaborative Team should address:

  • Is there an advantage or disadvantage with one party appearing remotely?
  • Are there power imbalances that would make such a process ineffective?
  • Is it better to have the party participating remotely have a local mental health professional as a coach, or one who can attend the meeting in person?

Just as not all family law cases are appropriate for the Collaborative process, not all Collaborative Divorce cases are appropriate to be conducted remotely. Deciding the appropriateness requires a detailed review of the situation by the potential Collaborative Divorce team, and the willingness of the parties to understand and accept the benefits and drawbacks of the remote model. However, geography alone does not necessarily have to be a bar to a successful Collaborative Divorce case.

Concerned whether your long distance divorce can be resolved using the Collaborative Process model? Contact the Collaborative Family Law Group of San Diego at 858-472-4022 to discuss your questions and schedule a consultation. Or attend one of our free “Divorce Options” seminars the first Saturday of every month from 9 a.m. to 12 noon at the Scripps Ranch Civic Association Community Center. To reserve your space, email sandiegodivorceoptions@gmail.com

Communication Tools for Collaborative Divorce

Learning to communicate during divorce will have long term benefit for your children and your family relationships.

by Tina Mears, LMFT

Learning to communicate efficiently and effectively is a progression in skills, just like learning a golf swing or entertaining for 50 people. There are many moving parts and it changes depending on who is in front of you. As you go through Collaborative Divorce, communication is a key component to its success.   Yet, it is extremely difficult to achieve because of the newness of the situation and the high emotions that

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

Tina Mears, LMFT

come with the experience.

It is possible to achieve peaceful, consistent and purposeful communication with your former partner. It all begins with your mindset. Think about communication as having the highest purpose: your child’s well-being. The Collaborative Process is not about winning or losing, as we often see in litigation. It is about coming together, being supported by a team and communicating through each decision. The following are tools to practice as you take the necessary steps in restructuring your family.

  1. Curiosity – How often do we make an assumption and go in for the attack before really understanding the whole situation? It is extremely important to remain curious in gathering information before making decisions.   We can do this by asking questions, being a good listener and challenging ourselves to think in ways that we aren’t used to.
  2. Triggers – Let’s face it, we get triggered. When we aren’t paying attention and “have our buttons out” others will find ways to push them. Learning how to be more mindful and keeping your buttons in will help in more peaceful communication. It’s also knowing what your triggers are so that you can see them coming and prepare yourself with a response that will de-escalate the moment.
  3. Body Language –Our body language can really set the tone of a conversation. Our thoughts, intentions and feelings are expressed by physical behaviors, which could either help or hurt the forward movement of the process. Good eye contact and a relaxed body position can signal that you are willing to work through an issue.
  4. Listening – We can “say” a lot by not saying anything at all. Active listening is a very effective first response when working through a difficult topic. Collaborative Divorce takes a certain amount of trust and sometimes a person just needs to be heard and acknowledged before willing to consider an alternative or soften their position.
  5. Solution-Focused – Most of the language through this process is about finding solutions and keeping the process moving. Learning to communicate with resolutions in mind will help in avoiding getting stuck. This takes practice in compartmentalizing what’s painful and keeping the health and well-being of your children and yourself in mind.

The ingredients for a successful communication between you and your former partner for the sake of your children are reasonable and fairly simple to explain. They are, however, extremely difficult to achieve. With the help of your divorce coach and the other professionals involved, you can reach mutually satisfying goals that will pave the way for a new start and happy future for everyone.

If you would like to learn more about Collaborative Divorce, the members of the Collaborative Family Law Group of San Diego are here to help you. Contact us at 858-472-4022 or email us at sandiegodivorceoptions@gmail.com