Divorce mediation can be very beneficial to separating couples, and this process could allow you to avoid a wide variety of expensive and time-consuming legal problems down the road. That being said, many people don’t know how mediation works and what the timeline is going to be for their separation. While every case is slightly different, there are a few important steps you’ll need to take before a resolution is reached. The team from Divorce Options San Diego—professionals who are transforming the divorce process with expert divorce mediation San Diego couples rely on for customized divorce solutions—offer a brief breakdown of the typical timeline.
The Initial Appointment
Once you’ve decided mediation is the best option, you’ll need to set a date for your initial appointment. The mediator will tell you and your spouse exactly what information needs to be gathered and shared, which includes important financial information such as shared assets, shared bank accounts, debts, personal accounts, and insurance policies.
After you’ve gathered that information, you can then schedule the follow-up appointments where you’ll share the data, make requests, and hear your spouse’s concerns (as communicated to you by the mediator). Your spouse won’t be present during your appointments, so you won’t be negotiating directly with him or her. The mediator’s job is to make sure each appointment is productive so you can all work together to come up with a fair resolution.
Reaching an Agreement
While some separating couples are able to reach an agreement within just a few weeks, others must continue to work with a mediator for three months or longer. At the very least, you can expect the mediation process to take at least a month or two. Even if you reach an agreement right away, filing the proper paperwork and legally separating your assets can be time-consuming. Each mediation session will most likely last for two to four hours, and you should expect to have at least three or four of those appointments.
Factors that Can Impact the Timeline
While mediation can greatly speed up the divorce process, there are some factors that could delay the divorce. There might be some delays if you have quite a few variables to discuss during your mediation sessions. Issues such as parenting plans and the separation of high-value shared assets can be very complex.
Speeding Up the Mediation Process
The most effective way to speed up the mediation process is to be as flexible as possible. Postponing your mediation appointments and squabbling over minor possessions could bring your divorce to a grinding halt. You must also be absolutely sure you’re completely honest when you disclose all your financial information. The negotiations could last for months on end if either party is dishonest or unwilling to compromise.
All the practical, legal, financial, and psychological aspects of fair, respectful divorce agreements can be managed by Divorce Options San Diego’s experienced, trustworthy divorce mediators. San Diego couples can rely on our comprehensive process, which is so thorough there won’t be a need for attorneys. To learn how we can help you with every facet of your divorce, call us today at (858) 281-2628.
Disclaimer: This article does not constitute legal advice. If you have any questions about your individual situation, it’s best to seek the advice of an experienced legal professional.
Americans over 50 are getting divorced in record numbers. The phenomenon has been called “grey divorce,” and the headlines about the financial consequences are dire. Americans can lose much of their wealth in grey divorces, and the cost of living apart and/or fighting about divorce depletes finances irreparably. Despite what the headlines would suggest, however, divorce doesn’t have to be something that just “happens to you.” It can be an intentional choice that improves people’s lives if handled correctly. Baby boomers who got married young and endured years of incompatibility “for the sake of the children” could be living their best lives apart, but to make this happen, divorces must be strategic rather than sprawling.
Choose a Better Divorce
For baby boomers who got used to the Kramer vs. Kramer stereotype of divorce, the idea of choosing a better divorce can seem like an impossible dream. At Divorce Options San Diego, a happy ending is something that can be intentionally mapped out using expert financial analysis and psychoanalytical/mathematical techniques. As a full-service firm, we can handle the smallest details of your divorce, from paperwork to helping you move out of your home. We can also help you manage the deeper questions involved in divorce. Grey divorce is a huge life event that involves unraveling layers of emotional and financial history. On one level, it is a business deal. On another level, it involves bereavement, but divorce at any age can also be a positive next step.
One thing to remember about grey divorce is to get help and not to do it yourself. Why? Rules about social security and retirement accounts are complex, and certain retirement accounts require special court orders that are separate from the divorce decree. Working with a mediator who knows the law and finances will ensure your assets are divided correctly so neither of you loses out. The timing of the divorce and your individual health concerns will also be factors to consider in planning your divorce.
Build a Stable Future for You Both
One consequence of grey divorce is a huge drop in the standard of living for divorcing spouses who have unequal income. One particularly unfair consequence of grey divorce is how the wife (or homemaker of any gender) can be left in a financially unstable state, having sacrificed his or her career to raise children. This spouse may be reentering the job market without significant earning potential, or he or she may be about to retire. At Divorce Options San Diego, we use approaches that ensure the value of all contributions to a marriage are recognized, not just the financial ones.
Untie the Knot Responsibly
When you get a divorce after age 50, there are many factors to consider besides divorce itself. A responsible grey divorce should include a review of your estate plan. Your future healthcare may fall on the shoulders of your children, and if you don’t change your estate plan, your ex may still be responsible for making your medical decisions. A grey divorce usually involves a consideration of future care for yourself, any new partners, and the person who will be doing the caregiving. Mediation helps you review these decisions calmly to factor in everyone involved.
Make Grey Divorce Positive
True, grey divorce is the end of an old life, but it’s also the beginning of a new life. If you’re unfamiliar with apartment-hunting, moving, getting back into the workforce, financial literacy, or any of the practical details of a divorce that many find overwhelming, these can be integrated into your overall divorce. At Divorce Options San Diego, we offer a bundle of services to assist with divorce. We provide transitional life coaching and divorce coaching. Most importantly, we give you the tools to have a truly respectful and amicable divorce. When you tackle the emotional and financial roots of your conflict with your spouse, your grey divorce can then be both a happy ending and a new beginning.
Our Services and How We Can Help
At Divorce Options San Diego, we are highly qualified professional San Diego divorce mediators and certified financial planners with psychoanalytical expertise. We empower divorcing spouses to own their divorce and craft sustainable, effective mutual agreements that will last long after the divorce is finalized. We are a one-stop shop providing a bundle of essential divorce services, from paperwork, court documents, and financial analysis to divorce transition coaching, life coaching, and interior design. We can work with all aspects of your post-divorce life to make your transition as fruitful and empowering as possible. Our services include career coaching, retraining, working with financial wealth advisors and other professionals, arranging moving services, connecting you with realtors, and helping you with interior design for your new space.
The mediators at Divorce Options San Diego are all certified financial planners who apply thorough financial analysis to your divorce to achieve an optimized result that will cover all aspects of your financial situation, including investments, property, and all other assets or debts. Our San Diego divorce mediation process provides a sophisticated review of your community property, separate property, potential community property, allocations and divisions, cash flow, transitional processes, and sustainable financial planning for your divorce process. We help you draft settlement agreements that are fully legally compliant and take into account the needs of the whole family. At Divorce Options San Diego, we emphasize an efficient, caring process that leaves out no detail relevant to your emotional, financial, or legal situation. We have offices in Solana Beach, CA, but we can work with you remotely at your convenience via telephone, video-conferencing apps, and other forms of electronic communication. Please contact us at (858) 281-2628 for a discreet and confidential consultation to see how we can help.
Disclaimer: This article does not constitute legal advice. If you have any questions about your individual situation, it’s best to seek the advice of an experienced legal professional.
If millennials are doing marriage and divorce differently, that means they face different challenges. Millennials may have higher expectations of themselves, their relationships, and their partners. They may also have to navigate more complex financial landscapes in a world where everything costs more. In a community property state like California, this means debt can be shared, which is a big issue for millennials, many of whom have high student debt. The team at Divorce Options San Diego are divorce mediators San Diego couples rely on because we’re qualified financial planners with a variety of mathematical and psychoanalytical tools to help people come to a fair assessment of their shared and separate property.
The challenges millennials face in their marriages can be reflected in their divorces. Mediation can tease out some of these complications to ensure millennials get the amicable divorces they seek.
- Equal earning power, equal share? – Women are now pulling their weight financially in marriages, which has changed the relationship dynamic, not only in terms of household chores but also when assets are divided and child custody is decided. In a community property state such as California, the question of “what’s mine and what’s yours” can be troublesome. Millennials often have separate bank accounts, but some may not realize this doesn’t entitle each of them to walk away with his or her own money. At Divorce Options San Diego, we apply financial expertise and thorough research to help millennials come to the fairest understanding of their marital contributions and how to part equitably.
- Not married, but still “divorcing” – Many millennials may live together and even have children but haven’t made firm arrangements about what to do if they split. Splitting can cause major upheaval, with partners suddenly coming into conflict over their “stuff.” At Divorce Options San Diego, we can help cohabiting millennials either plan for divorce by mediating a cohabitation agreement or mediating property division and child custody in a fair way.
- Getting married later and fertility issues – Family law is seeing an increase in conflicts over assisted reproductive technology. Putting off reproduction means a member of a couple who visited a fertility clinic before their divorce may still have the ability to reproduce but not have the consent of his or her ex-spouse. It’s important that millennials are upfront about these issues early on. Ultimately, courts will decide this issue. Couples can open a dialogue about these issues using mediation, and they can even draft binding agreements in a prenup or postnup.
- College education and student debt – One of the hallmarks of millennial marriage is more college-educated people marrying each other. Student debt is one of the more aggressive forms of debt, and it can be a burden throughout marriages and beyond. The mediators at Divorce Options San Diego can help divorcing partners work out a plan that protects the financial health of both partners.
- Same-sex marriage and nontraditional families – California recently recognized “tri-parenting,” giving legal status to a third parent in a child’s life. With the dawn of marriage equality and the increasing role of assisted reproductive technology, families have become more sprawling and complex, which can generate its own problems. Mediation is a useful way of negotiating these family dynamics to keep relationships and families focused on mutual benefit.
- Greater property and childcare costs – Divorcing couples in cities like San Diego may find that property and childcare costs make divorce a daunting prospect. Couples often choose to live together after divorce. Others are choosing more expensive co-parenting arrangements such as nesting. At Divorce Options San Diego, we realize the impact that hidden elements such as the design of your space can have on your relationships. We help couples redesign their spaces after divorce or learn how to work within the existing limitations of their spaces. We empower divorcing partners to take control of their futures by optimizing their shared property rather than losing it in an adversarial divorce.
- High expectations of themselves – Millennials who have college degrees, debt, high rent/mortgages, and stressful jobs are under a lot of pressure. Those in same-sex marriages may also feel pressure to live the fairy tale in which “love wins.” Divorce can be emotionally difficult for young people who have invested a lot in their relationships and may see marriage as the apex of a successful life. Divorce mediation can help millennials manage the divorce transition. For couples who don’t want to divorce, marital mediation is a way to renew the terms of their relationships and refresh marriages in a practical and goal-oriented way.
Our Services and How We Can Help
For the highest-quality divorce mediation, San Diego couples can turn to Divorce Options San Diego, highly qualified professional mediators and certified financial planners with psychoanalytical expertise. Our mediators are caring, educated professionals who build divorce around conflict resolution, closure, and practical solutions for your future life. We reframe divorce as an opportunity to generate creative, optimized solutions for your future and your kids’ future. We don’t do adversarial work, and we never represent one spouse against another. We empower divorcing spouses to own their divorces and craft sustainable, effective mutual agreements that will last long after the divorce is finalized.
We are a one-stop shop providing a bundle of essential divorce services, from paperwork, court documents, and financial analysis to divorce transition coaching, life coaching, and interior design. We cater to those with busy lives who want the best for themselves and their children. If you require help with your divorce transition, we offer divorce transition coaching, divorce coaching, life coaching, and business coaching. We can work with all aspects of your post-divorce life to make your transition as fruitful and empowering as possible. Our services include career coaching, retraining, working with financial wealth advisors and other professionals, arranging moving services, connecting you with realtors, and helping you with interior design for your new space.
The mediators at Divorce Options San Diego are all certified financial planners who apply thorough financial analysis to your divorce to achieve an optimized result that will cover all aspects of your financial situation, including investments, property, and all other assets or debts. We provide a sophisticated review of your community property, separate property, potential community property, allocations and divisions, cash flow, transitional processes, and sustainable financial planning for your divorce process.
At Divorce Options San Diego, we emphasize an efficient, caring process that leaves out no detail relevant to your emotional, financial, or legal situation, which leaves you free to get on with your life and care for your kids and yourself, both during and after your divorce. We have offices in Solana Beach, CA, but we can work with you remotely at your convenience via telephone, video-conferencing apps, and other forms of electronic communication. Please contact us at (858) 281-2628 for a discreet and confidential consultation to see how we can help.
Going through a divorce is always going to be a difficult process, but you can take a few steps to make your separation as quick and stress-free as possible. As long as you plan ahead and avoid a few common mistakes, you should be able to move on with your life before you know it. The financial and legal experts at Divorce Options San Diego—experienced professionals who provide premier San Diego divorce mediation services to couples seeking creative divorce solutions—offer these tips to simplify your divorce and help you avoid a messy legal battle.
One of the most common mistakes people make when going through a divorce is talking with anyone who will listen to them about the separation. While speaking with a few trusted loved ones can be healthy, you should try to keep most of the details private. Any information you share with large groups of people or post on social media can be used against you at a later time. Keeping that information off the Internet is also going to make it much easier to have an amicable divorce.
Organize All of Your Assets
As soon as you’re sure a divorce is going to happen, you should spend some time organizing and listing all of your assets, including vehicles, homes, expensive personal possessions, retirement accounts, and insurance policies. You must also create a list of all debts you have, such as car loans, student loans, and mortgages. With that information, it’s going to be much easier to fairly separate your assets when the time comes. You should also refrain from making any major purchases or withdrawals. Some people have been fined for emptying out joint bank accounts during divorces.
Create a Private Bank Account
To make your life easier in the coming months, you might want to set up a private bank account that only you have access to. Whenever you need to make personal purchases, you can use that account instead of the joint account. Once you have that account set up, you should continue to track any purchases you make. All of your assets will need to be listed during the separation, including the private accounts you’ve been using.
Work with the Right Professionals
Consider hiring a divorce mediator rather than an attorney. One of these professionals will help you and your spouse come to an agreement about all of your assets and debts, and the mediator can also develop a fair parenting plan if you have any children. While those issues can be resolved in court, working with a mediator is going to be much less stressful. Going through the courts can also be very expensive, which is why a messy divorce should be avoided at all costs.
All the practical, legal, financial, and psychological aspects of fair, respectful divorce agreements can be managed by Divorce Options San Diego’s experienced, trustworthy San Diego divorce mediators. Couples can rely on our comprehensive process, which is so thorough there won’t be a need for attorneys. Give us a call today at (858) 281-2628.
A divorce is one of those major life events you might not have planned for but will never forget. Many people fight it out in court and ruin any possible chance of maintaining positive views of their ex-spouses. When they choose divorce mediation, San Diego couples get the chance to take the high road and make decisions for their families without resorting to messy court battles.
1. Serve as a Role Model for Your Kids
When you have kids, you must remember that you and your spouse aren’t the only ones going through a divorce. Whether you realize it or not, your kids are watching how you handle this situation. They may overhear you or your spouse talking to others about your divorce behind closed doors. Divorce mediation helps you keep things civil so your kids learn how to handle challenging situations with grace.
2. Protect Your Private Information
Family law cases are often considered public information when they go to court. Divorce mediation is not. Essentially, what happens during mediation stays there until you’re ready to present your final agreement to the judge. Even then, you avoid having to go through a public court trial, during which your private information can be spilled to the media. Working through a mediator also means working with one person rather than two lawyers, which further increases your privacy.
3. Avoid Unnecessary Court Delays
In California, you already have to deal with a six-month waiting period to get your divorce finalized. Mediation helps you avoid making it take even longer by having to wait for a court date. Court sessions often get delayed and rescheduled for a variety of reasons, and you may face having to wait an extra month or two. Having all your paperwork ready to go makes the approval process move faster because you don’t have to wait for a trial.
4. Start a New Chapter in Your Relationship
Your marriage might not have worked out, but you may not be able to completely go your separate ways. Whether you have kids, pets, or a business together, you may still need to be in regular contact with your spouse after the divorce. Keeping things civil during mediation helps you treat each other with respect, which makes it easier to work together in the future.
5. Minimize Legal Costs
Divorces are expensive when you take the route of paying for two separate lawyers. If you and your spouse cannot agree on important issues, you can also expect the lawyers to request multiple court dates, which further increase the cost of your divorce. With a mediator, you and your spouse pay only one person, which helps you save money on your divorce.
6. Feel Better About Your Final Agreement
You don’t want to be told by a judge when you can see your kids or whether you can keep your house. You’ve worked hard to build your family and your life over the years, and it just makes sense for you and your spouse to choose to control these decisions yourselves. While you may need to compromise with your spouse on some issues, you don’t have to let anyone else control what happens if you choose to work it out through mediation.
These are just a few of the many benefits you and your family can gain when you choose divorce mediation to dissolve your marriage. If you’re interested in learning more about how mediation works and why more people are choosing it every day, reach out to the divorce mediators San Diego couples trust to create amicable solutions that honor the needs and desires of the whole family. Give the mediation experts at Divorce Options San Diego a call today at (858) 281-2628.
California is changing how divorce has always been viewed by requiring some people to go through mediation to settle issues such as child custody and visitation. This requirement is designed to resolve disagreements and make it more likely that parents will work together for the benefit of their family. Many couples begin this process unsure of how it’ll actually work out, but most find that it does. Starting with the end in mind is a good way to boost your chances of success. The San Diego divorce mediation experts from Divorce Options San Diego suggest knowing what will happen if you’re unable to reach an agreement in mediation will motivate you to do all you can to ensure mediation is successful.
Why Mediation Is Beneficial
Depending on your personal preferences, you may be quite happy about going through mediation. Alternatively, you may dread it and have serious concerns about how it could possibly be good for your family. Either way, you can expect to enjoy several benefits from going through mediation, no matter what the eventual outcome happens to be. For instance, you and your spouse will learn how to work together to resolve your differences with the help of a neutral party. Mediation also saves time and money, which are probably two major factors you’re concerned about regarding your divorce.
Common Reasons Mediation Hits an Impasse
Most mediation failures can be attributed to one or more common causes. In some cases, one party absolutely refuses to budge no matter how hard the other spouse tries to reach a compromise. Mediation can also fail because of simple matters that are preventable. For instance, someone who doesn’t show up for appointments or fails to provide important information can expect to have some struggles.
What to Expect if Your Case Goes to Court
If you absolutely feel as though mediation isn’t going to work for you, you must file to have your divorce case heard in court. Depending on your county, you may need to provide proof that you tried to resolve your differences through mediation. In some cases, the judge may request information from your mediator regarding recommendations for the outcome of the divorce, but this isn’t always the case. The one thing you should be aware of with this option is that you lose control over the decisions that are made. Once you pit you and your spouse’s lawyers against each other, the judge is the one who makes the final decision, which can be unpredictable and may not always work in your favor.
How to Do Your Part to Make Mediation Work
When the rest of your life hangs in balance, you need to know the decisions made right now are what you want for the future. Mediation is the best way to make sure that happens. When you begin mediation, you have the ability to make it work. Start by making sure you maintain an open and positive perspective that helps you work through your differences. Always show up to your appointments on time and be open to respecting your spouse’s needs and desires. While it may take several appointments, making mediation work can save you time and money and help you heal from your divorce.
Mediation is much preferable to hiring a lawyer and having to make countless court appearances. You can boost your chances of successful mediation by hiring mediators with experience in helping couples with the legal, financial, psychological, and emotional aspects of divorce. The expert San Diego divorce mediators at Divorce Options San Diego provide a one-stop shop, offering comprehensive services that cover all aspects of divorce, from beginning to end. Give us a call today at (858) 281-2628
Divorce is a long process that requires you to follow a set series of steps all meant to make sure you, your spouse, and the courts are all on the same page regarding the arrangements. One of the first things you may be wondering about is where you’re supposed to file for your divorce, since there are different courthouses located throughout the San Diego area. Knowing where to file for divorce helps you start your proceedings off right so you have fewer hitches on the way to dissolving your marriage. If you need help with other components of the divorce process, consider hiring divorce mediators. San Diego couples trust Divorce Options San Diego to be their one-stop shop for a bundle of essential divorce services, including handling paperwork, court documents, and financial analysis.
The Importance of Filing at the Right Place
Because San Diego has a large population, locations for divorce and family law cases are usually separate from those handling other legal issues, such as criminal trials, so you’ll need to file your divorce at a specific place. This also minimizes wait times, since everyone must file at the courthouse designated for their jurisdiction. The area where you need to file for your divorce is based on factors such as where you live. Keep in mind you or your spouse must have resided in San Diego County for at least three months to be eligible to file here. If you file in the wrong place, it can drastically lengthen the amount of time it takes for your case to be completed.
The Typical Steps to File for Divorce in San Diego
San Diego residents must comply with certain stipulations issued by the State of California when they file for divorce. For instance, you must first file a petition for your divorce that lets the court know some basic information about you along with why you’re seeking to end your marriage. There’s a six-month waiting period before your divorce can be finalized. The six-month period starts on either the date the petition is served or the date the response is filed. Mediators typically use the response filing date. You can then begin the process of mediation to make decisions that will be submitted in your final divorce agreement.
How to Identify the Right Place to File
There are several courthouses located in San Diego County. The majority of divorce cases are heard at the family law or main courthouse located near downtown, and North County cases are heard in Vista. Keep in mind your mediator can make the process of finding out where to file for your divorce much easier, since mediators handle these types of cases all the time.
If you need help with any part of the divorce process, help is available. All the practical, legal, financial, and psychological aspects of fair, respectful divorce agreements can be managed by Divorce Options San Diego, a team of experienced, trustworthy experts on divorce mediation. San Diego couples can rely on our comprehensive process, which is so thorough there won’t be a need for attorneys. To learn how we can help you with every facet of your divorce, call us today at (858) 281-2628.
Opting for mediation when getting a divorce in California is common when child custody or visitation arrangements must be made. However, you also have the choice of taking your divorce to court if you cannot agree on these issues. When you’re tasked with making the decision between going to divorce court or working with a mediator, it helps to understand the benefits of mediation. The team from Divorce Options San Diego—the experts in San Diego divorce mediation who offer a comprehensive alternative to expensive, time-consuming divorce litigation—explain why mediation is better than going to divorce court.
Keeps Divorce Costs Lower
Every penny you spend on your divorce is money you could put toward starting your new life. Divorce already comes with many potential expenses, such as needing to buy a new home. It just makes sense to keep costs low when you can. Paying for a mediator is obviously less expensive than paying for two lawyers, as it gives you and your spouse more money to split when you work out the agreement to divide up your assets.
Finalizes Your Divorce Faster
Going to divorce court requires you to wait in line behind other families who are doing the same thing. It can take a while to get a court date in California, and it’s possible you could have to go to court several times if you haven’t worked things out in mediation. Working things out with the help of a mediator tends to be faster. Once you’ve worked out your agreement, the mediator submits it to the court for approval. In many cases, you can even have this agreement worked out during your six-month waiting period so you get your divorce as soon as it’s legally possible.
Lays the Groundwork for Healthy Co-Parenting
Your past marriage may have been filled with strife, but divorce gives you and your spouse a chance to work on a happier future. While you might not live together anymore, your children depend on you both to work together to guide them as they grow. Divorce court requires hiring lawyers who try to pit you two against each other, which only breeds bad feelings that affect your ability to parent properly. With mediation, you start learning how to work with your spouse immediately so you’re better equipped to handle parenting challenges down the road.
Keeps Your Personal Information Out of the Public Eye
Unless you get special orders from a judge, most events in court are considered public information, which means you could potentially have your name dragged through the mud and suffer damage to your reputation. This is a big concern if you or your spouse have jobs in the public eye. Details of the mediation process aren’t part of an official record or made available to the public. This extra level of confidentiality means no one has to know about your personal history.
Couples looking for an alternative to the enormously expensive adversarial manner in which divorces are usually handled should reach out to the experienced professionals at Divorce Options San Diego. We’re San Diego divorce mediators you can trust to help you dissolve your marriage in a way that’s based on respect and mutual satisfaction. Give us a call today at (858) 281-2628 to learn more.
Disclaimer: This blog does not constitute legal advice. If you have any questions about your individual situation, it’s best to seek the advice of an experienced legal professional.
A parenting plan is an important document you must have before you can get a divorce in California when there are kids involved. Once your divorce is final, you’ll use this plan to address any disagreements that arise about things such as child custody and visitation. Since this agreement involves your children, it’s possible you and your spouse may disagree on certain decisions. When they work with experienced divorce mediators, San Diego couples can make these decisions together in a way that benefits the whole family. These five tips can make it easier to work through the process of developing a parenting plan during divorce.
1. Start with the Right Mindset
As a parent, one of your worst fears may be losing touch with your kids. You may also worry about how much you’ll need to pay in child support or if you’ll be able to keep your kids living with you. Anxiety is normal during a divorce, but it’s also important to remember your spouse has similar feelings. The goal of divorce mediation is to help both parties feel happy with the final agreement. Going in with an open mindset sets the right tone for the rest of the process.
2. Consider Your Child’s Current Needs
It helps to begin by looking at the basic facts about your family’s life. For instance, your child’s school schedule can be used to determine which parent will be responsible for picking the child up and dropping him or her off each day. If your child plays sports or participates in other scheduled activities, you’ll also want to take that into consideration when you plan out things such as weekend visitation. Since a parenting plan is essentially designed to make sure the child thrives after the divorce, looking at his or her needs first ensures that happens.
3. Try to Be Reasonable
You love your children, so you want to spend as much time as possible with them. However, you now need to split your children’s time between two homes. While it may upset you to hear your spouse ask for more time, it may make sense once you look at the current schedule. You may also need to compromise on certain parts of the agreement to get what you want on others. This is just a normal part of the negotiation process, and staying reasonable keeps things from getting out of hand.
4. Work with a Professional Mediator
During a divorce, emotions often run raw, and you need a neutral party to help you work through common issues. Professional mediators are experienced with helping couples work out their parenting plans, and they often come up with creative solutions that satisfy the needs of the whole family.
5. Keep the Future in Mind
A well-written parenting plan should include enough detail that there’s no question what’s supposed to happen with the main components. However, it should also be flexible enough that you and your ex-spouse can work together to resolve future issues. For instance, one of you may need to travel for a business trip when it’s your weekend to see your child. You can include things such as the ability to switch weekends when necessary, provided everyone is in agreement.
San Diego Divorce Options puts a high premium on a peaceful, child-centered divorce. We use developmental psychology, attachment theory, psychology of grieving, and family systems psychology to help you and your children through the difficult emotional transition. Relying on our expertise and experience in divorce mediation, San Diego couples can rest assured their divorces will be handled with care and privacy. We emphasize an efficient process that leaves you free to get on with your life and care for your kids and yourself, both during and after your divorce. Please contact us at (858) 281-2628 for a discreet and confidential consultation to see how we can help with your divorce mediation.
Disclaimer: This blog does not constitute legal advice. If you have any questions about your individual situation, it’s best to seek the advice of an experienced legal professional.
Divorce doesn’t always need to be a long or complicated process. If both parties have agreed to mediation, the separation could be finalized within a matter of weeks. Having a prenuptial agreement should speed up the divorce as well, but there are a few things the two sides will need to consider before they head to mediation. The team from Divorce Options San Diego—the experts in San Diego divorce mediation who offer a comprehensive, resolution-based alternative to expensive, time-consuming divorce litigation—explains how divorce mediation works when couples have prenuptial agreements.
Understanding the Basics of a Prenuptial Agreement
Also known as a premarital agreement, a prenuptial agreement is a contract a couple signs before they get married. These agreements are legally binding, but they must contain very specific information. In most cases, the prenup is going to disclose each party’s assets, income, and debt. Once all that information has been written down, the couple will then come to an agreement on who gets certain assets if a divorce occurs. Signing a prenuptial agreement is usually a good option for those who have large assets, large debts, a private business, or children from a previous marriage.
Determining the Validity of a Prenup
For a prenuptial agreement to be valid, it must meet a few specific requirements. First, the agreement needs to be written down and signed by both parties. While verbal contracts are valid in other cases, those types of contracts won’t work for a premarital agreement. The parties must also be completely honest when they disclose all their financial information. Lying or omitting any type of assets or debts could immediately invalidate a prenuptial agreement. Finally, the signing of the paperwork must be witnessed, and the witness will need to sign the document as well.
Creating a Prenup in California
In California, the Uniform Premarital Agreement Act of 1986 (UPAA) is the law that governs prenups, and it lists specific requirements for a prenup to be valid. First, the basic rules of contract law apply: each party has to be mentally competent to provide consent, and there must be actual consent. The prenup isn’t valid if the consent given by either party results from fraud, coercion, or a mistake. If one party isn’t proficient in the use of English, the prenup must be translated into that party’s native language. The prenup also can’t be “unconscionable,” which means the two parties have unequal bargaining power. The agreement cannot disproportionately favor one party over the other.
UPAA also has several specific requirements that pertain to prenups:
- Each party must include full financial disclosure, including complete information about his or her property and finances
- Each party has to wait a minimum of 7 days after receiving the prenup before he or she signs it
- Each party must fully understand what he or she signs, including full disclosure of the rights, terms, and conditions of the agreement
- Each party must either have independent legal counsel or waive the right to independent counsel before signing the agreement
Altering the Agreement During Mediation
Remaining polite and courteous to your spouse is going to make this process much easier in the event the prenuptial agreement needs to be altered. After remaining married for years, you or your spouse might not fully agree with the prenuptial agreement, and you’re going to need your spouse’s consent if you want to make any changes. Luckily, prenuptial agreements can be altered as long as both parties agree. During mediation, the separating couple might want to throw out the prenuptial agreement entirely and start from scratch. This sometimes occurs when the couple has had children together or acquired large assets that are in both of their names.
Challenging a Prenuptial Agreement
Just because one side doesn’t agree with the prenup doesn’t necessarily mean mediation won’t work. The primary purpose of divorce mediation is to come to an agreement both parties are relatively happy with. To determine the validity of a prenuptial agreement, a judge will need to look over all the paperwork. Those agreements are sometimes deemed invalid if one party wasn’t completely honest or any illegal stipulations were added to the documents. If the prenuptial agreement is invalid, the separating couple can head back to mediation to see if a new agreement can be reached.
Whether you have a prenuptial agreement or not, mediation can be the right choice for you. Mediation is a divorce solution that’s focused on meeting the needs of everyone in the family. Couples looking for an alternative to the expense and animosity of traditional attorney-centered divorce should reach out to the experienced professionals at Divorce Options San Diego. We’re San Diego divorce mediators who will help you dissolve your marriage in a way that’s based on respect and mutual satisfaction. Give us a call today at (858) 281-2628 to learn more.