SAN DEIGO DIVORCE MEDIATION & FAMILY LAW
FREQUENTLY ASKED QUESTIONS
San Diego Divorce Frequently Asked Questions
Below are some frequently asked questions and answers about divorce law in San Diego.
Changes in filing status can affect eligibility for certain tax deductions and credits. Consulting with a tax professional can help navigate these changes and optimize tax outcomes.
Legal separation can also have tax implications. Couples should be aware of changes in their filing status, as they may need to file as “single” or “head of household” instead of “married filing jointly.”
Employer Benefits may terminate for legally separated spouse. It’s essential to review employer policies, as some companies may not cover a legally separated spouse. In such cases, alternative health insurance options need to be explored.
One of the lesser-known financial implications of legal separation is the effect on health insurance and other benefits. Many couples stay legally separated rather than divorce to retain benefits, such as health insurance coverage under one spouse’s plan.
Custody arrangements can significantly impact the financial situation of both parents. Shared custody may require adjustments to living arrangements and expenses, whereas sole custody usually involves child support payments from the non-custodial parent.
Legal separation also involves decisions regarding child support and custody. The financial responsibility for children typically falls on both parents, and the court will establish a child support order based on state guidelines.
One of the primary financial concerns during a legal separation is the division of assets and debts. This process is similar to divorce and involves identifying and valuing marital property, which includes everything acquired during the marriage.
Spousal support, or alimony, may be awarded during a legal separation. The aim is to ensure that the lower-earning spouse can maintain a similar standard of living. The amount and duration of spousal support depend on factors such as the length of the marriage, the needs of the receiving spouse, and the paying spouse’s ability to pay. During the separation process, temporary spousal support orders can be issued to provide financial assistance until a final agreement is reached. These orders can be modified if circumstances change. If you remain living with your partner during or after the legal separation process, it is common to delay spousal support until you are no longer living together. This is because while living together, you likely continue to share costs and bills and if support commences, the recipient would then contribute a portion back to the joint costs. But there is not one way of handling this period of time and couples can work with a legal separation lawyer specializing in creative separation settlement agreements tailored to the needs of each client.
You don’t have to hire lawyers for the whole process if you use mediation, but our clients sometimes hire a consulting attorney to get advice and guidance. Some clients seek out advice from their attorneys throughout the entire mediation process, whereas others wait until we’ve drafted a settlement agreement to meet and review the final Marital Settlement Agreement before signing it.
The six month waiting period means that the earliest your marital status will terminate is 6 months and 1 day from when the Respondent is served with the divorce papers. So while in mediation, all the work of your divorce may be done after just a week or few weeks. Until your marital status terminates at earliest after six months, you cannot remarry.
Divorce is a complex legal process that requires expertise. People posing as “non-attorney divorce mediators” may have completed a three-day mediation course, and they claim to be family and divorce law experts. Interestingly, they often charge the same or more than licensed family and divorce law attorneys. Stay informed and protect your interests by choosing a licensed professional for your divorce mediation. Scott Levin teaches California community property to law school students and is a parenting and finance divorce expert.
No! Our mediation attorney for divorce near me in San Diego will draft and file all the court papers and prepare your Marital Settlement Agreement. You will not need to fill out the forms or you will never go to San Diego County divorce Court. We walk you through the entire California divorce process until the very end when the judge issues your Divorce Decree finalizing your divorce.
Our expert uncontested divorce lawyer and paralegal will complete all the divorce drafting and filings in just weeks. The timeline for completion will depend on your preference. To complete the divorce without court process in California, we help you and your spouse by making the divorce process easy and affordable. If you and your spouse both agree on an uncontested divorce, call us to learn how we can help complete all the work in weeks.
After you and your spouse agree on everything, your mediator will write up your agreement. You’ll both review it to make sure it’s correct. Then, it gets filed with the court to become a legal divorce agreement.
Mediation is often better for kids. You and your spouse will make a parenting plan together. This plan will cover things like where the kids will live, when they’ll see each parent, and how you’ll make big decisions about them. Mediators help parents focus on what’s best for the kids.
The same exact set of issues must be addressed in legal separation as in a divorce, and so a legal separation is not an easier or different process in any way. The main difference is that a divorce is permanent, whereas a legal separation is temporary and can be reversed. At the end of your divorce, you are legally single and able to remarry or conduct your life as you desire. A legal separation alternatively does not terminate your marriage status, and so you remain legally married and not able to marry another person.
Our San Diego family mediation services is a private mediation process that gives couples many hours to communicate and discuss settlements rather than the few minutes you receive in court. The mediation sessions in our office last 90 minutes and are scheduled weekly, so the parties have time between meetings to research, consult with advisors, and do any homework assignments. The parties also choose the mediator, and so they will agree on someone they each feel comfortable speaking to and believe that this person has their best interests in mind. The mediator will also handle all the Court paperwork and drafting and filing of documentation and agreements, so that you never have to go to Court. Simply review and sign all the documents as opposed to creating and drafting them yourselves. Simply stated, this process is much healthier than the abruptness of Court-ordered mediation.
It’s easy to start! Just call us to set up a first meeting to start your divorce mediation process. In this meeting, we’ll explain how everything works and answer all your questions. During our free initial consultation, our goal is simply to educate you on the process, options for divorce, and the benefits of mediation, including how litigation would differ dramatically in time, expense, and heartache on you and the family. We will communicate the differences between litigation and mediation and the benefits of a peaceful transition. But neither spouse needs to know in advance of that consultation if they want to mediate or not; they just need to be willing to learn and understand the options.
Before we can discuss your case, it’s important that we schedule an appointment with both spouses being present. An ethical mediator is impartial, and we believe that neutrality is the most important quality we can offer. If a mediator meets with just one party, that allows for an opportunity to become biased. We only meet with both spouses together. It’s important for you to start this journey as a team. Our goal is to be honest and fair from the beginning of our conversation. This ensures integrity for both parties. We want to help you both leave this marriage with kindness and respect, so you can begin your new life in a good way.
Yes, both of you need to want to try mediation for it to work. If one person doesn’t want to do it, mediation won’t happen. But remember, agreeing to try mediation doesn’t mean you have to agree on everything right away. Mediation can work for many different couples. Even if you and your spouse argue a lot, we can help you communicate better and find solutions.
We offer a flat fee pricing structure under $10,000, so that you and your spouse will pay a set amount for the entire divorce mediation. This flat rate mediation service includes all the work needed for us to walk you through from beginning to end. Our clients save hundreds of thousands of dollars by opting for our amicable expert mediation services as opposed to relying on litigators and court battles to divorce.
At our firm, 90% of our clients complete the mediation work within two months; however, the time it takes depends on your situation. Some couples finish in just a few sessions. Others might need a few months. The amount of time you spend in mediation depends on how well you communicate and what issues you need to resolve. The mediation process saves a ton of time instead of going to court and fighting for years.
Mediation is usually faster, cheaper, and less stressful than going to court. In court, a judge makes decisions for you. But in mediation, you and your spouse make the choices. This means you have more control over what happens. Also, mediation is private, while court cases are public.
Divorce mediation is a way to end your marriage without fighting in court. You and your spouse work with a friendly, neutral person called a mediator. This mediator helps you make decisions about your divorce together. It’s like having a helpful guide to lead you through the process. You and your spouse hire an impartial mediator to negotiate a mutually agreeable settlement to avoid the unnecessary stress, conflict, delays and expense of traditional litigation. Mediation allows our clients to control the time, cost and outcome of their divorce process.