San Diego Divorce Lawyer Blog
The decision to divorce is never easy. There are many variables that can intensify the impact of divorce on all parties. Failure to give careful consideration to any one of these variables can have serious consequences for many years to come. In San Diego, unfortunately, many divorce cases are filed every year.
Timing Your Divorce
Sometimes, the decision to divorce is the culmination of a steady decline in the relationship. Other times, it is the aftermath of one critical situation. But a hasty decision to make a dramatic exit can have serious financial consequences. Both child support and spousal support as well as division of assets and debts are determined as of the date of separation. It is very important for any divorce in San Diego to be analyzed properly so that strategies and techniques can be implemented to try and obtain legal goals and protect legal rights.
Emotional factors in the timing of your divorce can especially have an impact on children. For example, separating on or near a recurring holiday or special occasion can emotionally link that holiday to the pain of the divorce for years to come and this is a consideration. It is not advisable to serve the divorce pleadings in Christmas Day or the birthday of your spouse or other child’s birthday or other significant holidays. This can only serve to increase tension and conflict.
Finally, the timing of separation also has logistic factors. Once the dramatic exit is made, where do you go? The longer you wait to claim your personal possessions, the more likely they will become a contested issue in the property settlement. Given the current economic climate in San Diego, many spouses going through a divorce live together until the final agreement is entered into. As such, it is very important to try and get along as much as possible.
Financial Issues
The financial history of your marriage are important in determining your property settlement. While it may be too late to correct some previous decisions, it’s important to know what to expect.
Current finances are also a factor in property settlements, For example, the court will divide assets of the marriage. At this time, declining real estate values may make it important to obtain a current appraisal on the home as well as other investments. The division is, normally, from the date of marriage through the date of separation however not all assets acquired during this time are divided {such as gifts and inheritances} and not all debts are divided {such as student loans} and a careful analysis of each asset and debt is prudent.
Divorce may also impact your future for years to come, especially if you are ordered to pay child support or spousal support. Many people are unpleasantly surprised to learn that in California a former spouse is entitled to a portion of their retirement accounts.
Family and Relationship Dynamics
Even in the wake of a divorce, it may be prudent to try to maintain a friendly relationship with your former spouse as stated above. An adversarial situation nearly always leads to time-consuming and often expensive complications.
Your relationship with your children may change as a result of custody, visitation, or logistic issues. It is important for your child to feel a stable foundation of love, even after a divorce.
While you may be legally distanced from in-laws, the effects may vary. For example, you may miss a friendly in-law more than you realize. And an unfriendly in-law may continue to disrupt your relationship with your ex-spouse and children.
While some friends may be reluctant to take sides in a divorce, others will be more than willing to join your battle. Either approach can lead to hurt feelings and challenging situations.
Sometimes, the best thing for you to do is to consult an expert who isn’t emotionally connected to your marriage. An experienced San Diego divorce lawyer can tell you what to expect and how to effectively proceed.
For a free initial consultation on these or other divorce issues, call our office at 858-312-8500 or contact us online.