Divorce Advice

The Ultimate Divorce Protection Program

There is no charge for this information. We work on a donation only basis.

We’re giving you access to a comprehensive program that contains our most important divorce advice.

In a matter of hours, you can have a step-by-step plan to protect your assets, children and future while reducing conflict, legal expenses, and damage, without being overpowered by an unreasonable spouse.

Our proven 3 step process helps transform you from apprehensive, overwhelmed and at risk, to educated, prepared, and empowered. Avoiding costly mistakes that could jeopardize your settlement and your relationship with your children.

This information can save you thousands of dollars in legal fees. You won’t learn these strategies from your attorney because they have a financial incentive not to share them with you.

Who this program is for:

1. Anyone heading toward, or in a divorce with a difficult spouse. See both our Difficult Spouse Test and Extreme Personality Types pages.

2. You feel apprehensive, overwhelmed and at risk.

3. You’re concerned your spouse will lie, intimidate, or try to take advantage of you.

4. You want the best settlement possible with the least amount of cost, conflict, and damage to relationships. 

5. You’re willing to invest a few hours of time to learn how to protect yourself, your assets, and your loved ones.

Who this program is NOT for:

1. You trust your spouse to be honest, fair, rational, kind and have your best interests at heart.

2. You want a judge that’s never met you, to make decisions for you and your child that will affect the rest of your life, instead of learning techniques to work through issues with your spouse. 

3. You understand that the legal system is set up to promote litigation to increase attorney fees, and you’re confident in your ability to manage your attorney to keep legal expenses down.

4. You know all the potential landmines and mistakes that could negatively affect your settlement and feel adequate to avoid those on your own.

5. You’re unwilling to invest the time necessary to learn how to protect yourself, your assets, and your loved ones.  

What’s the next step?

We encourage you to begin educating and empowering yourself today before the opportunity to prepare passes by. Although most of the strategies we share can be implemented later, some very effective strategies can only be implemented early in the process.  

Go to our Ultimate Divorce Protection Program page to get started. This is divorce advice that no one should be without!

*We are not attorneys, and this educational information is not Legal Advice."  

divorce advice specialists

Top reasons for divorce

The top reasons for divorce are complex and most couples cite multiple causes for the decision to divorce.

Top reasons for divorce according to the National Library of Medicine are:

75% Lack of commitment
60% Infidelity or extramarital affairs
58% Conflict and arguing
45% Married too young
37% Financial problems
35% Substance abuse
24% Domestic violence
18% Lack of support from family
17% Health problems
13% Religious differences
13% Little or no premarital education

• National Library of Medicine. List of Major Reasons for Divorce by Individuals and Couples Who Participated in PREP

After a Lack of Commitment and Infidelity, here are the next three top reasons for divorce

58% of couples report excessive conflict and arguing
45% believe they married too young
37% report financial problems as a major reason for divorce

You can see by the statistics that It’s typical for there to be multiple reasons for a divorce. Couples face many challenges in marriage. But over 69% of divorcing couples report that there is one "last straw" that pushes them over the edge and causes them to make the final decision to divorce their spouse.

The most common “Last Straw” causing divorce is infidelity, domestic violence, and substance abuse. When there was a last straw event, 24% of couples reported that infidelity was the catalyst for their divorce, 21% of couples reported domestic violence as the ultimate cause, while 12% said substance abuse was the deciding factor to divorce.

The Top Reasons for Divorce Explained

Lack of Commitment Is the #1 Top Reason for Divorce

A whopping 75% of all respondents cited a lack of commitment as the primary reason for their divorce.

What a sad commentary on our society that lack of commitment is the #1 reason for divorce. To begin with, many of us make a vow to each other and to God that we will love and stay with our spouse no matter what, until death separates us. Honoring that commitment sets the standard for unconditional love and forgiveness in a marriage. It also requires a lot of hard work!

Unfortunately, a great number of people aren’t willing to do the work necessary to build a good marriage. They think that love is a feeling instead of understanding that love is a choice, followed by actions, which lead to feelings of love. Feelings come and go depending on circumstances and other factors. Love and commitment are a choice.

You chose to marry your spouse because you loved them and wanted to spend your life with them. Hopefully you were wise and mature enough to realize that in every marriage there will be times of hurt, anger, disappointment, and difficulty. Overcoming those challenges is part of living out your commitment to your marriage and your spouse.

Marriages can be impacted when married couples experience poor communication, a lack of compromise, or the absence of kindness, empathy, trust, and respect in their marriages.

But to be clear, the success of the marriage requires both partners to be committed to the marriage. If one partner wants out, there’s no legal way to prevent a divorce proceeding. All too often, people find themselves in a life-changing divorce regardless of their belief system or efforts to save their marriage.

Another reason for lack of commitment is that many couples believe that divorce is the easiest way out of a difficult situation or relationship. In most cases, nothing could be further from the truth. Divorce affects every aspect of your life; lack of companionship, financial stress, shared responsibilities, children, where you live, lifestyle, family and friends, etc..

Infidelity is the #2 Top Reason for Divorce

Over 60% of couples cited a partner’s Infidelity as the reason their marriage union ended in divorce. Forgiveness of infidelity is one of the hardest betrayals for couples to work through. A marriage is supposed to be monogamous. When one spouse fails to honor this boundary and commitment trust is lost, and the marriage is usually destroyed.

Couples in marriages that experience infidelity usually end up divorced unless they seek help to restore those marriages. Couples that reach out for help greatly reduce the chance of ending up divorced.

If you need help working through and forgiving your spouse for having an affair, go to the following article: How to forgive Someone.

Constant arguing and conflict is the #3 Top Reason for Divorce

Excessive arguments compounded by poor conflict resolution skills can take a heavy toll on the relationship and lead couples to divorce. It amazes me how much we as a society are willing to invest in our physical health and appearance, but refuse to invest the time and effort necessary to learn better communication and conflict resolution skills to enhance and strengthen our marriage.

Marrying too young is the #4 Top Reason for Divorce

Getting married at a young age, can put you at a higher percentage risk for a divorce. You’ll likely still be developing key aspects of your personality and views about life. People grow and change as they age and mature, so it’s important for couples to grow together.

Signs that you may be growing apart from your partner can include no shared interests, having different life goals, and feelings of loneliness within the marriage. Growing apart can easily result in ending up divorced.

You can’t change the past if you married too young. But you can determine your future by working hard towards better communication and conflict resolution skills, building shared interests or hobbies, dating, supporting each other emotionally and working together towards shared goals. Spend time with couples that have healthy marriages that you would like to emulate.

Financial problems are the #5 Top Reason for Divorce

Unresolved financial challenges are a leading cause of marital conflict. Financial stress is hard on any marriage. So, it’s important to establish reasonable expectations that both of you can live with regarding money management and financial planning goals.

You should discuss who will pay the bills, how major financial decisions will be made, develop a budget, and learn the basics of money management before you get married. This can be especially difficult if one spouse is a “spender”, and the other is a “saver”. It’s an absolute catastrophe if both of you are big spenders but not big earners!

Substance abuse is the #6 Top Reason for Divorce

Another important factor to consider is if your future or current spouse shows any signs of an addictive personality. An addiction to drugs, alcohol, pornography, or gambling can drastically endanger your marriage. Take these warning signs seriously because the ramifications of these addictions often lead to divorce. If you’re already married get professional help asap.

Forgiving an addict is one of the most difficult situations to offer forgiveness in. They typically lie, steal and break trust repeatedly, destroying the relationships they have with others daily. At the very least, they break promises to themselves and family to give up whatever addiction is destroying their life. Very few marriages survive this. You do not want to go down this path.

Domestic Abuse is the #7 Top Reason for Divorce

Domestic abuse is a serious and dangerous crime. But nearly one out of every four divorces (24% in total) cite domestic abuse as a cause of divorce. Domestic violence can be any pattern of abusive behavior that’s used to intimidate or maintain power and control over the other spouse. In situations where legitimate abuse is a factor, the victim will need a strong attorney to represent them to ensure their safety and to negotiate on their behalf.

Unfortunately, claiming domestic abuse can also be used as a weapon against an innocent spouse or partner. According to court records, over 50% of all domestic violence claims made during the divorce process lack enough evidence to prove the assertion.

Lack of family support is the #8 Top Reason for Divorce

If your family doesn’t agree with your choice of a marriage partner, this can cause a deep rift in your relationship with your spouse. Many a married couple has ended up divorced because of problems with family.

Your family might exclude your partner, disrespect them, or in some cases cut you off from family events and connections because of your choice. This will likely cause feelings of isolation, loneliness, and grief because of lost connections. Many find this pressure difficult to manage, which could cause them to consider divorce as an option.

Health problems is the #9 Top Reason for Divorce

There are so many difficult marital issues that arise from health problems. Mental illness in the form of a severe personality can precipitate a divorce. This can adversely affect every area of the marriage relationship. Infertility can lead to divorce. Couples that face challenges having children are more likely to divorce if having a large family is important for one or both partners.

An accident or deteriorating health that limits the ability for physical intimacy or creates a demand for intensive caregiving by the healthy spouse can also lead to ending up divorced.

Religious differences are the #10 Top Reason for Divorce

Religious differences will affect people with a strong faith and core beliefs that actually influence their decisions about marriage, child rearing, finances and many other important areas of life. Religion can be an extremely import factor for most married couples.

Christians are warned in scripture not to marry someone that doesn’t share their faith in Jesus Christ. This is not to limit their choices, but to protect them from the inevitable conflicts that will occur if they marry someone that doesn’t share their faith and the principles that they live by and hold dear.

Regardless of what your religious beliefs are, be sure to marry someone that shares your beliefs and core values. Never marry them hoping to change them once you’re married. Many couples have ended up divorced by making this mistake.

Little premarital education and preparation is the #11 Top Reason for Divorce

Many couples avoid important conversations about how their marriage will work after they are married. There are two main reasons for this. The first is that they are in love and figure “it will all work out”. The second is that one or both want to avoid conflict.

Not discussing marriage expectations related to faith, having children, parenting roles, careers, spousal roles, finances, where you hope to live, and desired lifestyles will only delay difficult discussions. But another thing it will rob you of is the insight gained from experiencing how your intended spouse communicates and resolves conflict. It’s one thing for them to share their philosophy about these things and quite another to work through them in the real world.

Telling yourself that “things will be better after you’re married” is a sure sign that you shouldn’t be marrying this person. At least not until you’ve worked through things to the point that you’re confident in your choice.
The last thing you want, is to end up like a large percent of divorced couples because you avoided really knowing the person until after you married them. It’s way better to have never married the wrong person than to end up divorced.

Interesting facts about divorce

How Many Marriages End in Divorce?

Reportedly, approximately 50% of all first-time marriages end in divorce. That divorce rate varies between 40-50 percent. Second and third marriages fail at a much higher rate. The divorce rate for second marriages is 67 percent. And 73 percent of third marriages end in divorce.

These statistics seem to indicate that unless someone that has experienced a divorce does the work to figure out what went wrong in their first marriage, they simply take the baggage of that failed relationship with them into the next. This may be as simple as modifying your selection criteria to result in a better choice of a future partner. But you will also need to assess how you can improve yourself to be a better marriage partner should that opportunity arise.

Almost 70% of Divorces Are Initiated by Women

Women are far more likely to initiate a divorce than men. Nearly 7 in 10 divorces are initiated by the female partner in heterosexual relationships. People speculate on why the divorce rate percent is so much higher for women than men, but this percentage can be affected by multiple factors and no single one stands out.

Couples that Live Together prior to Marriage Are More Likely to Divorce

Living together before marriage seems to be a significant predictor of a future divorce. A total of 57% of couples who didn’t live together before marriage had a marriage that lasted 20 years or more. Only 46 percent of those who lived together before marriage lasted as long.

Most Couples Report not Understanding the Realities of a Marriage relationship

One of the leading factors contributing to divorce is a lack of knowledge about what a successful marriage relationship requires. In fact, 70 percent of couples reported they didn't really understand the level of effort, commitment, and compromise necessary to build a strong marriage before they got married.

All too often, they went into marriage hoping that their partner would “make them happy”. And they commonly thought that love was a feeling. Feelings come and go, but the commitment to love someone is a choice. But that choice and the consistent supporting actions because of that choice will lead to feelings of love.

Summary of top reasons for divorce

Lack of commitment, infidelity, arguing, immaturity, and financial pressures are some of the top reasons for divorce. But most of the time, there are multiple factors that contribute to the decision to divorce.

The good news revealed by all this information is if you’re still married you should now realize that your marriage doesn’t have to end in divorce. Much of what you’re going through is common to many marriages. And more importantly, there are positive steps you can take to guard against the most common reasons for divorce.

If you’re already divorced, this information will help guide you through an honest self-examination to learn from mistakes and develop better skills and expectations if you enter another relationship. This will greatly increase the likelihood of a successful marriage and decrease the fear of ending up divorced in the future.

Getting help for a better marriage

If you would like help avoiding or recovering from a divorce you can find valuable resources at Keeping Families Connected. There are personal growth resources that cover the following topics:

Section #1: Faith
Section #2: Healing from the devastating effects of divorce
Section #3: Dealing with your emotions and getting rid of baggage
Section #4: Marriage – don’t fall into old patterns with a new spouse
Section #5: Parenting skills
Section #6: Helping your children through divorce
Section #7: Parental Alienation
Section #8: Going deeper in your faith
Section #9: Music

More good news. There is hope. Most divorces are preventable if both partners are willing to spend the time and effort necessary to work on the marriage. There are many great resources, books, marriage retreats, counselors and clergy that can help.

None of the top reasons for divorce has the power to destroy your marriage unless you or your spouse refuses to work toward a better marriage.

What Are My Rights if My Name is Not on a Deed but Married

Divorce can be a tumultuous and emotional experience, especially when it comes to dividing property. Understanding the fundamentals of California’s property division laws is crucial for anyone navigating this process. In the Golden State, community property laws dictate how assets are split between spouses, which means that what you think you own may not necessarily be yours alone.

*The Basics of California’s Property Division Laws**

California operates under a community property system. This means that any assets acquired during the marriage are generally considered joint property, regardless of whose name is on the title. Upon divorce, these assets are usually divided equally between both parties. However, there are exceptions for debts and certain types of income or gifts received by one spouse alone.

*Separate vs. Community Property: What’s the Difference?**

Understanding the distinction between separate and community property is fundamental to grasping how assets will be divided during a divorce. Community property includes all earnings, purchases, and debts accrued while married—think homes, cars, and shared bank accounts. In contrast, separate property refers to assets owned prior to marriage or those acquired through inheritance or gifts directed specifically to one spouse.

This separation can become murky if separate properties have been mixed with community properties—often referred to as "commingling." For example, if one spouse used their personal savings (separate) to renovate a jointly owned home (community), determining ownership could be complex.

*How Courts Determine Equitable Distribution**

When courts assess property division in divorces, they aim for equitable distribution rather than equal division—meaning they strive for fairness based on various factors specific to each case. These factors include the length of the marriage, each spouse's financial situation post-divorce, contributions made by both parties (financially and non-financially), and overall health or age considerations.

Judges may also consider whether one spouse was more responsible for acquiring certain assets or if children require support that would impact financial situations post-divorce.

*Strategies for Navigating Property Division During Divorce**

Navigating through this intricate landscape can feel overwhelming; however, certain strategies can ease the process:

1. **Document Everything:** Keep thorough records of all transactions related to your assets throughout your marriage.

2. **Seek Legal Counsel:** Having an experienced family law attorney can provide clarity about your rights and obligations.

3. **Collaborate When Possible:** Consider mediation as an alternative dispute resolution method that promotes cooperative solutions.

4. **Be Prepared for Compromise:** Flexibility can lead to better outcomes; sometimes walking away from something you thought was essential may save time and emotional energy in the long run.

*Common Myths About Property Division in California Divorces**

Many misconceptions surround property division in divorce proceedings:

**Myth 1:** “Everything will just be split 50/50.” While California favors equal distribution of community assets, nuances exist depending on individual circumstances.

**Myth 2:** “If my name isn’t on it, I don’t own it.” Even if an asset is solely titled in one spouse's name but acquired during marriage with community funds or effort, it often remains divisible.

**Myth 3:** “Gifts from family are always off-limits.” Though typically categorized as separate properties when received by one spouse only during marriage, context matters—especially if commingled with community funds.

Understanding these aspects of property division in California divorces can empower you as you approach this challenging life transition. Equip yourself with knowledge and seek professional guidance; doing so will lay the groundwork for navigating this difficult process effectively!

Navigating Divorce: Understanding the Contrasts Between Mediation and Litigation

When it comes to navigating the tumultuous waters of divorce, understanding the differences between mediation and litigation can make a world of difference in how your divorce unfolds. Both approaches have their own set of pros and cons, so it's crucial to weigh them carefully before choosing the right path for your situation.

Divorce mediation is a process where a neutral third party, known as a mediator, helps you and your spouse reach agreements on various aspects of your divorce. This method encourages open communication and collaboration to find mutually beneficial solutions without going to court. It promotes a more amicable resolution, which can be especially beneficial if you have children together or wish to maintain a civil relationship post-divorce.

On the other hand, litigation involves each party hiring their attorneys and presenting their case in court before a judge. This adversarial approach can be lengthy, costly, and emotionally draining. Litigation often leads to increased conflict between parties, making it harder to co-parent effectively in the future.

In mediation, the process typically starts with an initial meeting where both parties outline their goals and concerns. The mediator then facilitates discussions on key issues such as child custody, asset division, and spousal support. Through negotiation and compromise guided by the mediator, agreements are reached that are tailored to the specific needs of each family.

In contrast, litigation involves filing legal documents, attending court hearings, and waiting for a judge's decisions on various matters. The timeline for litigation can be unpredictable due to court schedules and backlogs, prolonging the already stressful process of divorce.

One significant factor that sets mediation apart from litigation is cost. Mediation is generally more cost-effective than going through the court system since it reduces legal fees associated with multiple court appearances and lengthy proceedings. Additionally, because mediation aims to foster cooperation rather than confrontation, parties often spend less time hashing out disputes.

Emotionally speaking, mediation tends to be less contentious than litigation as it focuses on finding common ground rather than emphasizing differences. By promoting respectful communication and understanding between parties, mediation can help preserve relationships that may otherwise be irreparably damaged through courtroom battles.

When deciding whether mediation or litigation is right for your divorce, consider factors such as your ability to communicate with your spouse effectively, willingness to compromise on certain issues, financial resources available for legal fees or mediation costs. If maintaining an amicable relationship post-divorce is essential to you or if you prioritize efficiency and cost-effectiveness in resolving your divorce matters quickly as possible while minimizing emotional strain along the way – then mediation might be worth exploring further.

Ultimately,

the decision between

mediation vs.

litigation

is deeply personal

and should reflect

your unique circumstances

and goals for

the future.

By educating yourself

on these two approaches,

you can make an informed choice

that sets you up for success

as you embark on this new chapter

of your life.

Choose wisely,

and remember,

there is light at the end

of this tunnel;

you just need

to find what works best for you!

lawyer vs mediator for divorce

Ultimate Resource for San Diego Family Law

Family law matters can be complex and emotionally challenging, especially when it involves the well-being of your loved ones. In San Diego, understanding the nuances of family law is crucial for navigating legal processes effectively. Whether you are dealing with child custody and support issues, protecting your assets in a divorce, or seeking legal assistance, having the right resources and knowledge can make a significant difference in achieving a favorable outcome.

When it comes to family law in San Diego, it's essential to familiarize yourself with the laws and regulations that govern these matters. From marriage dissolution to child custody agreements, each aspect of family law plays a vital role in ensuring that the rights and interests of all parties involved are protected. By educating yourself on these laws, you can make informed decisions and understand your rights throughout the legal process.

Child custody and support are often at the forefront of family law cases, as parents strive to create arrangements that prioritize the best interests of their children. Navigating these sensitive issues requires careful consideration and strategic planning to ensure that both parents have adequate time with their children while also upholding financial responsibilities. Understanding the factors that influence custody determinations and support calculations can help you advocate for your children's well-being effectively.

In divorce proceedings, protecting your assets is a top priority for many individuals. Whether it's dividing marital property or determining spousal support obligations, safeguarding your financial interests requires meticulous attention to detail and thorough documentation. By working closely with legal professionals who specialize in family law, you can develop sound strategies to protect your assets during this challenging time.

Legal assistance is invaluable when dealing with family law matters, as experienced attorneys can provide guidance, advocacy, and representation throughout the legal process. From negotiating settlements to representing clients in court, skilled lawyers play a critical role in helping families resolve disputes effectively and efficiently. By enlisting the services of a reputable family law attorney in San Diego, you can navigate complex legal procedures with confidence and peace of mind.

Mediation and alternative dispute resolution offer families a collaborative approach to resolving conflicts outside of traditional courtroom settings. By engaging in mediation sessions facilitated by neutral third parties, families can work together to reach mutually beneficial agreements on various issues such as child custody arrangements or property division. These alternative methods provide families with more control over their outcomes while promoting amicable resolutions that prioritize cooperation and communication.

Empowering families through knowledge and resources is key to successfully navigating family law matters in San Diego. By understanding the intricacies of family law, seeking legal assistance when needed, and exploring alternative dispute resolution options like mediation, families can address their concerns proactively and work towards favorable resolutions that uphold their rights and values. With the right support system in place, families can overcome challenges confidently and emerge stronger from difficult circumstances.

San Diego Divorced Attorney

Military Divorce in San Diego Explained

Military divorces come with a unique set of challenges that require a thorough understanding of the legal process. In San Diego, where a significant military presence exists, it's essential to navigate these complexities with precision and care. Let's delve into the intricacies of military divorce in San Diego and shed light on key aspects that individuals need to consider.

One of the primary challenges in military divorce is dealing with jurisdiction and residency requirements. Since military personnel are often stationed in different states or even countries, determining where to file for divorce can be complex. In San Diego, specific rules apply to establish residency for filing divorce cases, adding an extra layer of complexity to the process.

When it comes to dividing military benefits and pensions during a divorce, meticulous attention to detail is crucial. Military pensions are considered marital property subject to division, but special rules govern their distribution. Understanding these regulations and ensuring compliance is vital to safeguarding your financial future post-divorce.

Child custody and support arrangements can also present unique considerations for military families. The unpredictable nature of military life, including deployments and relocations, can impact custody agreements. Developing a plan that accommodates these factors while prioritizing the best interests of the child requires careful deliberation and negotiation.

Legal representation plays a pivotal role in guiding individuals through the complexities of military divorce proceedings. An experienced attorney well-versed in military family law can provide invaluable expertise and advocacy to protect your rights and interests throughout the process. From navigating intricate legal requirements to advocating for fair outcomes, having competent legal counsel by your side is essential.

Beyond the legal aspects, navigating the emotional challenges of military divorce is equally important. The stressors associated with serving in the military combined with the emotional toll of ending a marriage can be overwhelming. Seeking support from mental health professionals or support groups tailored to military families can help individuals cope with these emotional strains effectively.

In conclusion, understanding the nuances of military divorce in San Diego is crucial for achieving a successful outcome amidst its unique challenges. By addressing jurisdictional requirements, navigating division of benefits, prioritizing child custody considerations, securing reliable legal representation, and tending to emotional well-being, individuals can navigate this intricate process with resilience and clarity. Remember that you're not alone – seek out resources and support systems to guide you through this challenging time with strength and determination.

california military divorce attorney

Scott Levin's Divorce Mediation Expertise in Family Law

Divorce can be a turbulent and emotionally draining process for any family. When faced with the prospect of ending a marriage, many individuals find themselves overwhelmed by the legal complexities and emotional turmoil that often accompany such a significant life event. This is where divorce mediation comes into play as a valuable alternative to traditional litigation.

Understanding Divorce Mediation

Divorce mediation is a collaborative approach to resolving disputes between divorcing couples without the need for court intervention. It involves the assistance of a neutral third party, known as a mediator, who helps facilitate communication and negotiation between the parties to reach mutually acceptable agreements on issues such as child custody, asset division, and spousal support.

The Role of Scott Levin in Family Law

Scott Levin is an esteemed expert in family law with extensive experience in divorce mediation. As a seasoned mediator, Scott brings a unique blend of legal knowledge, compassion, and professionalism to his practice. He understands the sensitive nature of family law matters and is dedicated to helping clients navigate the complexities of divorce with dignity and respect.

Benefits of Choosing Mediation

One of the primary benefits of choosing mediation over traditional litigation is that it allows couples to maintain control over the outcome of their divorce. By working together in a collaborative setting, parties can tailor solutions that best suit their unique circumstances rather than leaving important decisions in the hands of a judge.

Additionally, mediation tends to be more cost-effective and time-efficient than going through court proceedings. It can also help reduce conflict and promote healthier communication between ex-spouses, which is particularly beneficial when children are involved.

Navigating the Legal Process with Scott Levin

When you choose Scott Levin as your mediator, you can rest assured that you are in capable hands. With his deep understanding of family law and commitment to upholding ethical standards, Scott guides clients through each step of the mediation process with care and expertise.

From initial consultations to drafting settlement agreements, Scott works diligently to ensure that your interests are protected and that all legal requirements are met. His goal is to help you reach fair and sustainable resolutions that pave the way for healing and closure.

Testimonials from Satisfied Clients

Clients who have worked with Scott Levin rave about his professionalism, empathy, and dedication to achieving positive outcomes. Many have praised his ability to diffuse tense situations, foster open dialogue between parties, and provide clarity on complex legal issues.

One client shared, "Scott's guidance was invaluable during my divorce mediation process. He helped us find common ground where we thought there was none and ultimately allowed us to part ways amicably." Such testimonials speak volumes about Scott's reputation as a trusted mediator in the realm of family law.

In conclusion, if you are navigating the challenging waters of divorce and seeking an experienced mediator who prioritizes your well-being above all else, look no further than Scott Levin. His expertise in family law combined with his compassionate approach make him an invaluable ally on your journey towards healing and resolution.

financial analyst divorce

Guide to California Divorce Papers

Ending a marriage can be emotionally taxing, but understanding the required procedures and documents can make the process more manageable. This guide provides an overview of the essential California divorce paperwork and the critical steps involved in filing for the dissolution of your marriage.

Reaching a divorce settlement is a significant part of the process. This involves negotiating an agreement with your spouse to end the marriage, which is especially crucial in contested divorces. Legal assistance may be necessary if an agreement cannot be reached.

Whether you're completing initial petitions, financial disclosures, custody agreements, or final judgments, this guide aims to simplify the process and the forms needed to officially terminate your marital status in California. Proper preparation and clear expectations can make a significant difference.

Step 1: Checking California Residency Status

Before you can file for divorce in California, you must establish state and county-level residency. California family law courts require that a spouse has physically resided in California for at least 6 months and in the county of filing for at least 3 months before submitting the initial petition.

If you have recently moved to California or within counties, you must wait until you meet these residency requirements. Temporary moves for school, business, or vacations typically do not count towards formal residency. The court needs to see a spouse's intent to remain living in California indefinitely.

Be sure to track your residency details early so you can file promptly once you are eligible. You will formalize the specific dates of residency on the initial divorce paperwork.

Related Terms: uniform child custody jurisdiction, legal separation, divorce forms, divorce in California, uncontested divorce, California divorce forms, enforcement act, marriage dissolution process, filing fee.

Step 2: Preparing Your Initial Divorce Paperwork

The first set of essential documents initiates your divorce proceedings, outlines key details, starts the timeline for response, and notifies your spouse through a valid service of process. These initial forms set the tone for the case, so thorough completion is vital.

Divorce Petition The Petition (form FL-100) establishes grounds for dissolving the marriage, provides basic background details on the relationship, identifies any minor children involved, and proposes initial settlement terms, if any. Accurate representation of your situation is crucial for the case to proceed fairly.

Summons Form The Summons (form FL-110) accompanies the Petition, informing the responding spouse that a dissolution action has commenced, outlining legal rights, and establishing strict deadlines for a formal response to avoid default judgment. Proper service procedures, such as personal service by a third party, must be followed for the Summons to be valid.

Other Initial Filings Additional standard forms may supplement the Petition as needed to disclose community assets, request specific court orders, show proof of residency, etc. Consult an attorney or legal resource to determine which supplements should accompany your application based on children, property, support factors, and objectives.

Thoroughly complete initial filings to avoid delays. Ensure all information is accurate and legible. Use black ink on printed forms available from the Superior Court Clerk, Family Law Facilitator, or reputable online services.

How to Find the Best Divorce Attorney

How to find the best divorce attorney for your unique situation is one of the most important factors in your divorce settlement.   

This post is a brief overview of the Hiring a Divorce Attorney section of our Divorce Protection Program. This is one of the most important pieces of divorce advice you’ll ever learn.

Most people are totally unaware of how the divorce legal process really works. They have no idea how many cases are decided in the judge’s chambers based upon the relationship they have with one or both of the lawyers and not the divorce case itself.

Additionally, judges are human beings like you and I. They have biases, allegiances and a network of people that they like to work with, and those that they don’t. Divorce court is no different than the rest of life.

The judge in my divorce case had a Women Lawyers Association banner draped across the American flag in her courtroom. We witnessed dozens of other cases being heard by her and she ruled against every single man that entered her courtroom. We found out later that she was well known among men and father’s rights groups as a man-hater. I don’t know if that’s true but her rulings certainly seemed to bear that out. 

If you decide to retain a lawyer, finding the BEST divorce attorney for your case is critical. And knowing how to find the best divorce attorney for your unique situation is the starting point.

Why knowing how to find the best divorce attorney is crucial

- Every monetary and tangible asset that you have is at risk

In a worst case divorce scenario your finances, reputation, safety and even your children can be taken from you virtually overnight. Your choice of divorce lawyer will have the single greatest impact on your divorce settlement positively or negatively. The damage from a nasty divorce can affect your family and finances for generations to come. So choose wisely!

 

- Cost of divorce

Includes divorce attorney fees/court costs/other 3rd party professionals (accountants, mental health professionals, appraisers etc.)

Most people have no idea how expensive a divorce can be - According to TheStreet.com, as of April of 2020, the average cost of a contested divorce in the US is approx. $15,000. And the cost is substantially more in high conflict divorces. My post-divorce litigation ended up well over $150,000. I had 3 different legal firms represent me. Knowing How to Find the Best Divorce Attorney can be the key to keeping expensive litigation to a minimum.

- Financial Settlement

Ending up with the best overall divorce settlement includes a variety of aspects:

1. Liquid financial assets, securities, tax deferred accounts, crypto currency, real estate, jewelry, furniture and memberships, vehicles etc.

2. The total amount of legal fees when your divorce is completed

3. Which of you pays 3rd party fees such as psych exams and therapy and long term obligations like alimony & child support

- Parenting schedule and rights

Knowing how to find the best divorce attorney could result in avoiding a costly and damaging child custody battle. Additionally, a poorly defined initial divorce settlement usually leads to post-divorce litigation and enforcement issues that can lead to astronomical costs later.

- Long term relationship with children

Having the wrong divorce attorney represent you can result in receiving a limited parenting schedule,  a damaged relationship, or no relationship at all.

- Financial & emotional quality of your life for years to come

The divorce is usually completed within 4-12 months. But the cost of your divorce, the damage to relationships, and the financial settlement affect the quality of your life for many years to come.

- Long term representation

In the event of post-divorce litigation your divorce lawyer will already be up to speed and know how best to proceed based upon their knowledge of the case, your ex and the judge involved – you do not want to have to start over!

Now that you know why discovering how to find the best divorce attorney is so important, let’s talk about solutions.

How to find the best divorce attorney for your family law case

Best insider referral sources

Each of these sources has a unique insider viewpoint of the family divorce court system. They also know intricate details about judges and divorce attorneys that will assist you in qualifying the best divorce attorney for your case.

- A current or retired family law judge  

- Retired family law divorce attorney

- Family Law divorce attorney that practices in a different jurisdiction

- Attorney from a different field of law

- Someone that works in the family divorce court system (county clerk office, judge’s assistant, Friend of the Court case worker, etc.)

- Friends or family that have connections to these previous mentioned

Other sources

- Accountants, financial planners, counselors or clergy

- Friends, family, church and co-workers (most common)

- Online divorce resources - read reviews thoroughly

- Gender specific sites, forums and support groups

Always qualify and interview a divorce attorney before selecting them regardless of the referral source. You want to make sure that your divorce lawyer is a good fit for your goals and personality. And that they have the legal experience necessary to protect you from an aggressive or difficult spouse if needed.

 

*We supply a PDF of questions for insider attorney referrals in our program

 

Optimum divorce attorney selection criteria - The perfect candidate

- Influential and politically connected 

- Respected by their colleagues 

- Powerful, effective and experienced

- Proven in high conflict and/or custody cases

- Frequently practices in jurisdiction your case is in

- Willing to fight for clients (but not a fire-starter)

- High integrity

- Favorable relationship with your judge (if your judge is already assigned)

Your divorce attorney’s credibility, relationships, personality and skills matter more than you know!

 

Common mistakes when choosing a divorce attorney

- Not realizing you need a specialist for a high conflict or custody battle

Never underestimate the need for control and retribution in an unhealthy ex-spouse. Most of the people that end up decimated in divorce court had no idea that anyone, let alone their spouse, could ever be so cruel or vindictive until after it was too late.

The first reason is that the healthy spouse can’t even conceive that another person, (especially their spouse), would ever be capable of trying to destroy them and their own children. It’s incomprehensible to them. Because the healthy spouse would never be capable of the same type of behavior.   

The second reason is that no man wants to admit that they married the woman from “Fatal Attraction”. And no woman wants to admit they married the man from “Sleeping with the Enemy”. It says something about us when we realize that we married that type of person.

Not realizing that there are some lawyers because of their experience, dedication, skill, and yes their connections, that have a much greater chance of protecting your assets, children and your reputation from a high conflict spouse. All licensed divorce attorneys are not equal in their ability to get the job done!

Any divorce attorney can represent a low asset, low conflict client case. It takes a specialist in high conflict, high asset, and child custody issues to represent you if your ex-spouse is vindictive or emotionally unstable. This is one of the reasons that knowing how to find the best divorce attorney for your specific circumstances is so important.

- Choosing an attorney with a personality like yours

Like attracts like, both good and bad. Chances are high that if you’re reasonable, compassionate and responsible, you’ll find an attorney who shares those same characteristics and values.

All of those traits are admirable. But there’s a potential problem with this kind of personality. You may be more laid back and much less assertive than your spouse. You may also have a hard time confronting and holding people accountable. And that’s the LAST thing you need in your divorce attorney.

You need someone with all of the previous characteristics, but they need to be strong and assertive when necessary to protect you and your interests.

Paradoxically, if your ex-spouse is controlling, ruthless and manipulative, that’s exactly the type of divorce attorney they’ll find to represent them. They’ll find a bottom-feeder that will gladly take their money (and yours) to destroy you in court!

The goal of any sane and healthy individual going through a divorce is to make the best of a bad situation. They look beyond their own loss and pain, and try to help everyone involved to minimize the damage that’s being done to their family during the divorce process. They aren’t out to destroy the other spouse. They’re rational. And they try to be reasonable while working through the many compromises and negotiations necessary in a divorce.

If you don’t anticipate a high conflict divorce then finding an average divorce attorney might seem adequate. But if you retain the best divorce attorney from the beginning, they’ll be equipped to deal with every situation no matter how intense things may get. They’ll also be able to prevent a great deal of escalation and litigation that a less skilled or principled attorney will not. 

If however, you already know you’re dealing with a spouse that’s emotionally damaged and controlling, you can count on a high level of conflict. These type of personalities will NEVER play by the same rules as the sane spouse or parent. Their goals and tactics will be totally different than yours.

A good lawyer will be wise enough to only use the amount of assertiveness and accountability necessary to get the job done. But they won’t intentionally escalate tension and litigation. They’ll always try to bring things to a reasonable and equitable settlement. But they’ll also be fully equipped to deal with escalating tensions, illegal tactics and to protect you from harm should those things present themselves in your case.

- Hiring a divorce attorney based upon their fee or hourly rate

This common mistake can make all the difference in the outcome of your case and your future. The cheapest is not always the least expensive!

A divorce attorney with a lower hourly rate doesn’t mean their total fees will end up being less than hiring a more effective and powerful attorney at a higher rate.

A divorce attorney that charges $500 dollars an hour may end up costing you WAY less in the long run, than one that bills you $150 dollars an hour.

The right divorce attorney will have the best strategies, the best connections, and the best experience, which should result in less motions, hearings and court costs. You’ll also have a much better chance of protecting yourself, your assets and family from irreparable harm during the divorce process.

The sad truth is that too many judges are only persuaded to do the right thing because of relationships, political alliances or the threat of being held accountable by an attorney that is well respected and connected.

- Hiring an aggressive divorce attorney that will cause conflict and litigation 

1. Many attorneys simply want to increase litigation to increase their fees. And they take every opportunity to do so at your expense.

2. Divorce attorneys that come off as rude, arrogant or antagonistic toward your spouse and in some cases even the judge. The stereotypical “bull in a china shop” personality.

3. Divorce attorneys that are inept or don’t have the expertise to submit a well-defined settlement document to the court that prevents further litigation in the future.

4. Unethical lawyers may promise you an unrealistic divorce settlement to get your business. And once they represent you, they will get you to fight for things that they know you’ll never end up getting just to increase their fees throughout the divorce process. Don’t take the bait.

 

Next steps

I imagine by now, that finding the best divorce attorney isn’t as easy as you thought it would be! It’s not. And it’s one of the most important decisions you’ll ever make. Hang in there. We’ll lead you through this every step of the way.

Divorce Attorney Interview Process and Questions

Use the interview questions provided in the Divorce Protection Program.

When you’re interviewing a divorce lawyer to represent you, the interview accomplishes multiple goals. First, you’ll find out which divorce attorney is the best fit for your situation. But you’ll also set the tone for your relationship moving forward.

An attorney will always pay more attention to detail with a client that is highly aware and involved. This will also make it easier to manage your divorce attorney later on. They will realize that you aren’t just passively leaving everything in their hands and hoping for the best.

You’re much more likely to be a priority case if your divorce attorney understands that you know what to look for and that you expect their best.

In review:

It can’t be over emphasized just how important knowing how to find the best divorce attorney is! Using the Optimum Selection Criteria in this section will give you the best chance of finding a highly qualified and effective divorce lawyer to help obtain a favorable outcome for you and your family.  

If you found this information helpful, go to The Ultimate Divorce Protection Program to develop a step-by-step plan to navigate through your divorce with the least amount of cost, conflict and damage to your family as possible.

Knowing how to find the best Divorce Attorney for your specific circumstances is crucial. But it requires knowledge that most people don’t have. We are happy to share our hard-earned knowledge with you to help you and your family to find the best divorce attorney!

Divorce Mediation in America's Finest City: Finding Legal Support in San Diego

When it comes to navigating the complexities of divorce in San Diego, understanding the local divorce laws is crucial. Each state has its own set of rules and regulations when it comes to divorce proceedings, and San Diego is no exception. Familiarizing yourself with the specific laws that govern divorce in this vibrant city can help you approach the process with clarity and confidence.

WHY CLIENTS CHOOSE US FOR SAN DIEGO DIVORCE

Clients choose San Diego Divorce Mediation & Family Law for our specialized focus on mediation, extensive training, and diverse professional expertise, including legal, financial, mental health, and coaching. We offer a private and comfortable setting, flexible meeting times, and services in both English and Spanish. Our pricing is fair and transparent, and your first consultation is complimentary​​.

A divorce law firm that focuses on mediation can play a pivotal role in guiding you through the legal intricacies of your divorce. From filing paperwork to representing you in court, a knowledgeable and experienced attorney can provide invaluable support every step of the way. By enlisting the services of a reputable divorce law firm in San Diego, you can ensure that your rights are protected and that your best interests are represented throughout the proceedings.

Choosing the right divorce attorney is a decision that should not be taken lightly. With so many law firms to choose from in San Diego, it's essential to do your research and select an attorney who has expertise in family law and a track record of success in handling divorce cases. Look for an attorney who is responsive, communicative, and empathetic – qualities that are especially important during such a challenging time. In our case, we focus on peaceful and amicable divorce cases where the couple is willing to consider mediation as an alternative to going to court. 

Navigating divorce proceedings can be emotionally taxing, but with the right legal support by your side, you can approach the process with confidence. Your attorney will help you understand your rights, responsibilities, and options at each stage of the divorce proceedings, empowering you to make informed decisions that align with your goals for the future.

If you find yourself facing a divorce in America's Finest City, seeking legal support from a reputable divorce law firm in San Diego is essential. Understanding local divorce laws, enlisting the help of an experienced attorney, and approaching proceedings with confidence are key steps towards achieving a fair and equitable resolution. Remember that you don't have to navigate this challenging time alone – with the right legal team on your side, you can emerge from your divorce stronger and ready to embrace new beginnings.

Attorney Scott Levin

Feeling heartbroken? A simple technique can help heal your heart

Are you feeling heartbroken? Yet another relationship is over, leaving you sad and hopeless about your future love life. You question your ability to “do relationship†and wonder if you will ever be able to love and be loved again.

Don’t despair. I know exactly how you feel and how to get out of it.

I have been there, several times, and I know how hard it is to believe it will get better.

At first, you may feel unlovable, or think you are not good enough, as your self-worth most likely has taken a dive. Those feelings may reflect themselves in other aspects of your life too, like your work and health. You are not as productive anymore. Your energy levels are low, and you feel like you don’t want to get out of bed, because life is so hopeless. A terrible feeling, isn’t it?

The good news is: “There is a way to get out of this… AND IT’S EASIER THAN YOU THINKâ€

When I was at my lowest, EFT (Emotional Freedom Technique) tapping was one of the things that could make me feel better instantly. At the end of the first session with myself, I had eliminated most feelings of worthlessness and started to feel a little less helpless again. By the third session, I had regained my self-esteem and self-confidence. I could start being productive and start living life again. By the end of the fifth session, I had stopped obsessing  about my ex and began focusing on my personal development and transformation.

From then on, my whole life has been transforming for the better (although in all fairness, it is not always a straight line up, I do want to be honest about that).

That’s when I decided I wanted to help other women going through a breakup or divorce to heal their heart and become whole again.

Check out my website to learn more about my story and how I can support you. 

Erna Hoek 

broken heart

Feeling heartbroken? A simple technique can help heal your heart

Are you feeling heartbroken? Yet another relationship is over, leaving you sad and hopeless about your future love life. You question your ability to “do relationship” and wonder if you will ever be able to love and be loved again.

Don’t despair. I know exactly how you feel and how to get out of it.

I have been there, several times, and I know how hard it is to believe it will get better.

At first, you may feel unlovable, or think you are not good enough, as your self-worth most likely has taken a dive. Those feelings may reflect themselves in other aspects of your life too, like your work and health. You are not as productive anymore. Your energy levels are low, and you feel like you don’t want to get out of bed, because life is so hopeless. A terrible feeling, isn’t it?

The good news is: “There is a way to get out of this… AND IT’S EASIER THAN YOU THINK”

When I was at my lowest, EFT (Emotional Freedom Technique) tapping was one of the things that could make me feel better instantly. At the end of the first session with myself, I had eliminated most feelings of worthlessness and started to feel a little less helpless again. By the third session, I had regained my self-esteem and self-confidence. I could start being productive and start living life again. By the end of the fifth session, I had stopped obsessing  about my ex and began focusing on my personal development and transformation.

From then on, my whole life has been transforming for the better (although in all fairness, it is not always a straight line up, I do want to be honest about that).

That’s when I decided I wanted to help other women going through a breakup or divorce to heal their heart and become whole again.

Check out my website to learn more about my story and how I can support you. 

Erna Hoek 

get over ex

Feeling heartbroken? A simple technique can help heal your heart

Are you feeling heartbroken? Yet another relationship is over, leaving you sad and hopeless about your future love life. You question your ability to “do relationship” and wonder if you will ever be able to love and be loved again.

Don’t despair. I know exactly how you feel and how to get out of it.

I have been there, several times, and I know how hard it is to believe it will get better.

At first, you may feel unlovable, or think you are not good enough, as your self-worth most likely has taken a dive. Those feelings may reflect themselves in other aspects of your life too, like your work and health. You are not as productive anymore. Your energy levels are low, and you feel like you don’t want to get out of bed, because life is so hopeless. A terrible feeling, isn’t it?

The good news is: “There is a way to get out of this… AND IT’S EASIER THAN YOU THINK”

When I was at my lowest, EFT (Emotional Freedom Technique) tapping was one of the things that could make me feel better instantly. At the end of the first session with myself, I had eliminated most feelings of worthlessness and started to feel a little less helpless again. By the third session, I had regained my self-esteem and self-confidence. I could start being productive and start living life again. By the end of the fifth session, I had stopped obsessing  about my ex and began focusing on my personal development and transformation.

From then on, my whole life has been transforming for the better (although in all fairness, it is not always a straight line up, I do want to be honest about that).

That’s when I decided I wanted to help other women going through a breakup or divorce to heal their heart and become whole again.

Check out my website to learn more about my story and how I can support you. 

Erna Hoek 

getting over breakup

How to save marriage from divorce

Best advice about how to save a marriage from divorce.

Watch this short video

Selecting a Divorce Lawyer in Jamaica

Selecting a divorce lawyer to handle your family law case is a very important decision. The following are a few important criteria to help in finding the right divorce lawyer.

Experience and Focus

Any divorce lawyer you consider should have substantial experience in handling divorce cases in your location. An experienced divorce lawyer will know the tendencies of the various judges in your jurisdiction and should be able to use this knowledge to your advantage. Additionally, that lawyer should practice primarily in the field of divorce law. Often people will hire a lawyer who practices primarily in some other area, thinking that any lawyer will do. However, divorce law is a very specialized field that requires particular skills and experience in order to have a likelihood of reaching a successful conclusion.

Past Client Testimonials

Perhaps the best way to decide which divorce lawyer to use for your divorce case is to find out what former clients have to say about that lawyer. While divorce is never an enjoyable process, some divorce lawyers have more success at satisfying their clients than others. If you do not know someone who has been a client of that particular divorce lawyer, you should consider asking the lawyer for a list of clients that you can contact who can describe their experience with the lawyer. While client confidentiality is important, any good experienced divorce lawyer should have at least a few former clients who are willing to vouch for him or her

divorce attorneys in Jamaica west indies

What To Know When Your Divorce Involves Child Custody

Single parent homes have ended up being exceptionally typical in America. Today over 23 million children live in a single parent home. Going through a divorce can be tough, and when a child is involved, it can be even more tough and stressful. If you have a child who is under the age of eighteen, the problem of custody will be a part of your divorce proceedings. Considering that child custody concerns are made complex, it's worth understanding all the problems that you can come across. That's what we're going to look at today.

How Do You Reach A Custody Arrangement?

If you're going through a divorce, there a number of ways that you can reach a custody agreement. It is important to make sure that you seek legal guidance before you take any advances here. You need to be sure that you are making the ideal decision. When you have done this, you can reach an informal agreement utilizing a conciliator or with the decision of a judge.

Once an agreement has actually been reached informally, this will lead to a binding written legal arrangement. This can have numerous names consisting of a parenting agreement. The arrangement will be revealed to the court where it then becomes a binding contract. At this moment, the parents need to consent to the terms.

It is possible to reach these kinds of arrangements with no help from an attorney. However, if you wish to ensure that you do get custody of a child, this is not advised.

If an attorney is involved, this will typically take the form of a mediation, which happens outside the courtroom. These circumstances are less adversarial with a neutral party managing disputes. Each parent and lawyer will be provided with a possibility to make their case, and ideally, the agreement will be formed through team effort. There is an exchange to the proceedings before the arbitrator, or neutral party draws up a plan that will be completed through court.

What If An Agreement Can't Be Reached Through Mediation?

At this point, custody should be handled in court. A family court will determine the custody plan in this case, and Michigan courts use a 'best interest of the child' standard. Eventually, this merely means that the child's needs are put initially, however, the aspects that are thought about can vary from court to court.

A few of the aspects that can be thought about consist of:

Living circumstance of individuals parents

Relationship with children

Desire of parent to support their spouse

Abuse or neglect

Some courts will likewise think about the child's choice. This typically indicates that an older child will be permitted to voice their viewpoint on who they want to stay with in court. Other courts will look at whether or not the parent can offer a stable way of life for the child as well as the age of the child in question. Some judges have leaned on the concept that younger children need to be with their mom.

What Are The Types Of Custody Arrangements?

There are a couple of kinds of custody plans that you can argue for or that a judge can decide on:

Physical custody-- This means that a child is permitted to live with you after a divorce. This can be a shared agreement with both parents gaining this right. Usually, this is typically the favored technique by the court. It is very important to be mindful that this does not need to be an equal split and one parent can be granted custody for the majority of the time. If parents are unable to settle on a schedule, the judge will set one up.

Sole physical custody merely suggests that a child will live fulltime with one parent. While this does provide stability for the child, it can be extremely hard for children to lose the other parent from their life.

Visitation Rights-- In a custody agreement, there will be a visitation schedule that both parents are legally required to follow. This suggests that parents can not take their child away from their partner without their consent. In certain cases however, visitation rights can be limited for one parent. This is typically the case if there is the danger of harm or an issue with abuse. Visitation rights can be difficult to comprehend, particularly when it comes to the rights of extended member of the family. If you are in any doubt about your rights after a custody agreement, make certain you speak to your lawyer.

Legal Custody-- Do know that physical custody does not offer legal rights to make decisions about your child's upbringing. For this, legal custody should be supplied to an individual parent otherwise it will be shared. This includes decisions on education, religious direction, and healthcare. Typically, shared legal custody is the standard outcome. However, there are cases where one parent will be provided full rights here.

Are There Emotional Issues?

There will always be psychological concerns to contend with when a child becomes part of divorce proceedings. It is necessary that they do not feel like a tool in a legal battle and that they are not utilized by one parent against the other. There are a few methods you can make your divorce much easier for your child. Make certain that you are always considerate of one another through the case. Children ought to not see you scream, verbally attack each other or threaten violence.

Children are emotionally dependent on the concept of their parent's relationship, particularly when they are younger. You should make sure that they know the separation has not been caused by them and that you both love them regardless of the divorce. Make certain that they are associated with the divorce procedures as little as possible. Do not try and motivate them to choose a side as this can trigger severe stress and anxiety for the child. It is very important to choose the right attorney who can guide you through all these concerns and make certain that your child is secured from the negative problems of a divorce.

We hope this assists you comprehend the aspects of Child Custody during a divorce proceeding which it allows you to prevent some of the typical concerns.

Property and Asset Division in Divorce Cases

In every divorce case, no matter the circumstance of the parties, there will be a division of assets. Many individuals believe this is a basic "split the baby" determination. Nevertheless, that is not constantly the case. For checking account and joint debts, you might be able to do that. Nevertheless, when it pertains to retirement accounts, real estate, and service payments, the formula is not that basic. Each of these categories has its own distinct set of issues, and you will absolutely require an attorney to help you piece this together.

Retirement Accounts and Pensions

In cases where separating parties have retirement accounts or pensions, those assets are subject to division as part of the divorce as they are considered marital property. Nevertheless, pension and retirement accounts are considered and divided in a different way, and there are methods to make sure that you are getting present day, actualized worth for your granted portion. Determining what the "marital portion" of those accounts can frequently be the very first problem. Where the entirety of the value in the accounts has been earned completely throughout the marriage, the problem is basic. Where the asset existed prior to the marital relationship, but cash was placed into or made by the account during the marriage, determining what makes up the "marital part" can become really complicated. A lawyer will assist to make the very best arguments about what makes up "marital assets" in the account, and will also know the proper experts to consult and evaluate the accounts to help make that determination. In most cases, having a specialist carry out an account assessment to identify exactly what amount of cash is marital, can guarantee that you receive the optimum quantity.

First, you need to know the difference in between what are called "defined contribution plans," typically called 401ks, Individual retirement accounts, CMAs, 457b, and 403b strategies, and "specified advantage strategies" which are pensions. With specified contributions, today worth of the account is the "actualized" worth. The problem that occurs is identifying the quantity of that worth that accrued throughout the marriage, if the account was in existence prior to the time of the marital relationship, and if the account existed prior to the marital relationship, is it marital property at all, or does it satisfy the requirements for being thought about "different property." Again, if you have that situation, you must speak to an attorney about these issues.

With defined contribution plans, an expert can determine the worth of the marital and non-marital parts and provide an opinion on the marital part's worth that undergoes division. With defined benefit plans, or pensions, things can become much more complex. In numerous divorces, the primary payee of the pension has actually not retired, and will not retire for a long time. As a result, you can not merely identify today worth of the strategy. A specialist is needed to figure out the actualized worth of the account at the time the primary payee will get the advantage, and just how much of that value will be awarded to the alternate payee. Any boost in the worth of the specified benefit strategy after the date the divorce judgment can be segregated and not consisted of in the future contributions to the strategy. This is usually done by entry of a Qualified Domestic Relations Order, commonly called a QDRO or EDRO.

In either event, you will wish to work with an attorney who can encourage you, and who can put you in touch with the appropriate professionals to correctly carry out such appraisals. Specialist viewpoints are considered very favorably by most Courts in the family law arena, especially when it comes to account and property valuations. The expense of funds to make these determinations is frequently worth the expenditure, for a number of factors, not the least of which is to guarantee that, if your opposing partner works with a professional, and if they are the party with more assets they likely will, you aren't the party on the outside searching in.

Real Property Assessments

Another location where people typically make mistakes are with the sale of real property. Whether you only have your marital home, or you own multiple houses or industrial properties, there are too many people who just take what they paid for the property, minus any liabilities on the property, and decide to use that as the existing worth of the property. That mistake can cost you a substantial amount of cash. A lot of great divorce attorneys will tell you that you must not make a decision about the worth of any real estate that becomes part of the marital estate without taking specific actions. Among those would be to get an appraisal of the property. Good family law lawyers will know a number of appraisers and their preferences about property assessments. Depending upon whether you want the property to be valued high, or low, you will want to go over the appraisal of the property with a lawyer prior to deciding.

You may find that the value of the home from ten years ago when it was purchased has actually substantially increased. If your opposing spouse wishes to keep the house, understanding about that substantial increase can net you a significant increase in your equity buyout. If your home is to be sold, an increase in the worth will result in your getting a bigger share upon sale. In some scenarios, divorcing parties own several houses. In those case, understanding the present values of your houses can help make better choices about offering or keeping some or all of those properties as part of the settlement. In those cases, appraisals and appraisal reports documenting the basis of that appraised worth can be substantial.

The very same can be true, and in some cases more so, if the parties own a business building, or a rental property. Oftentimes, industrial property appraisals lead to significant valuations. In many cases, commercial properties can be worth large sums more than home. In a case we litigated recently, the one-sixth valuation of marital interest in an industrial property deserved more than the one-half value received from the sale of the marital house. Having a commercial appraisal done on the property is very important, and your lawyer can counsel you on how to have one done and on who your finest alternative to utilize for that service might be, given your individual truths and circumstances. Business appraisal reports are generally lengthy, detailing the basis for the appraisers identified worth. In the event of lawsuits, having that report together with the expert's testament can supply a strong basis upon which the Court may rely in making a decision on value. In both situations, it is very important to have a lawyer who can assist you determine the best prepare for protecting your interests and maximizing the value you can get as a result of your property split.

Company Assessments

Numerous divorce litigants do not know that the other partner's service is actually, oftentimes, a marital asset, to which they are entitled to get one half of the worth. Whether it is a dining establishment, medical practice, law firm, or accounting group, oftentimes, the business may be a marital asset that goes through division. While the parties might merely agree on a value to put on the business, doing so usually results in a substantial loss to among the parties in the property split. In these situations in particular, you will require the help of a lawyer, who can help discover a professional to properly review the business, its assets, its debts, profit and loss statements, tax return filings, expenditures and correctly reach a conclusion about the worth of business.

Having an expert and an attorney to do the essential work to discover a proper value on business is of the utmost significance. In most cases, business itself can be the most considerable asset in a divorce matter, and typically parties don't even think about the business as a marital asset. Do not make that error. If either party has a service, whether it is you or the other partner, you are most in need of a lawyer to offer you correct guidance, to try and guarantee that you are not cheated out of your share of marital assets. We have actually managed cases for clients where the difference between having the business assessment and not changed the worth of the estate in our client's favor by hundreds of thousands of dollars. Our experience and connections to the right specialists can assist to make sure that you get the property settlement you are worthy of.

If you are planning to declare divorce, or are already participated in divorce litigation, give us a call. We can assist put a strategy in place that will guarantee you the best possible result as part of your case. At our company we have handled small and large asset divorces, and our method ensures that, whatever the size of your marital estate, we can maximize your result.

Child Custody Motions – Requirements and Pitfalls

Many people that get divorced, whether they have an attorney or not, believe that when the divorce judgment is entered, the case is over. If you don't have children, lot of times that is true, however in family law, nothing is for life. Lots of Judiciaries won't tell you that, and numerous lawyers who practice family law will not advise customers about the truth that custody, parenting time, child support, and failures to comply with the terms of a judgment of divorce, along with a list of other potential problems, are all reviewable by a Court and can change, if one party can verify to the Court that a modification is needed. Besides child and spousal support, the most usual post-judgment motion for modification of a judgment in family law cases includes custody of a child or multiple children. When these motions are filed by unrepresented individuals, or by legal representatives who are not familiar with family law, they are commonly unmerited or aren't really requesting a change in custody, however rather, are looking for to boost or decrease one party's parenting time.

What is Child Custody?

While this might appear like an easy or dumb concern, it means something very specific in Michigan law, and is usually misinterpreted by both litigants and lawyers that exercise in this field. In Michigan, the term "custody" is used as the colloquial for what family lawyers called "legal custody." The term "legal custody" in its most basic iteration means, who gets to make major decisions for the child, such as where they most likely to school, should they have a major medical procedure, or where does the child go to church and in what religious denomination should they be raised. Usually, the Courts accept a joint legal custody model, which permits both parents to have input in these decisions, and require that both moms and dads talk about those concerns and agree before a choice is made. Usually, what we call legal custody in Michigan is not what people think about first when they speak about or think about child custody. A lot of individuals think about who physically has the children with them and for what quantity of time. Colloquially, this kind of custody is referred to as "physical custody." In Michigan, while lots of Courts recognize motions for modifications to physical custody, in Michigan, the term "physical custody" is not usually identified as the proper terminology to make use of for this idea. Instead, the Courts and most legal representatives who exercise in this area, talk about "parenting time," when identifying just how much time each parent should have with the minor children.

Evaluating Adjustments in Child Custody.

First, litigants need to understand what they are asking the Court to do. When a parent wishes to make a motion to transform custody, good legal representatives will see to it to find out precisely what it is the client wants to do. Often, a motion to enhance or reduce parenting time is better suited, and sometimes, is a lot easier to confirm. Sometimes, a party might only wish to ask the Court to decide on a legal custody concern where the moms and dads can not agree, despite the fact that they might normally agree about other choices. Some instances would be a change of school districts (change of schools motion), or a motion for one parent to move greater than one hundred miles from the child's current county of residence (change of domicile motion). Much of those sub-categories of change of custody motions have details and different requirements that need to be verified to the Court in order for a party to be successful. However, when a parent does in fact intend to alter legal custody of a child, there is a set of legal procedures that a party should show the Court both in their motion, and, inevitably, via evidence provided at a hearing.

Custody Hearings Require Process and Patience.

Informing the Court that the other party is bad and will not agree with you regarding anything is not going to be enough to alter legal custody, even if that is true. The other party will simply state you are at fault and the Court will certainly have no way to determine who is truly the bad actor. In those conditions, the Court simply shakes its finger at both parties and says "get along and find a way to make things work." In cases where one parent really is the troublemaker, that result is very aggravating. Instead, there is a process and procedure through which custody motions should be presented and argued, which an experienced family law attorney can offer aid in doing. In all custody motions, the party that wants an adjustment needs to reveal that that there has been a "change in circumstances" that has happened since the last custody order was entered by the Court. The adjustment can't be an ordinary life modification (puberty, changing from middle to high school, getting braces), but need to be significant adjustment in the life of the child that has an impact on their each day life. Due to the fact that each circumstance is one-of-a-kind, litigants should talk with counsel about their circumstance before determining whether the adjustment that parent is declaring fulfills the legal needs. If you can show a change in conditions, then the Court must determine whether the child has an established custodial environment (ECE) with one, both, or neither parent. An ECE exists where the Court finds that the child or children look to the parent for love, assistance, affection and the necessities of life. The ECE decision by the Court establishes the standard of proof the relocating party will certainly have to reach in order to acquire the requested modification of custody. If the Court establishes that the ECE will not transform as a result of providing the relocating party's motion, then the standard of proof is a preponderance of the evidence (simply a bit more than 50%) that the adjustment of custody would be in the child's best interests. If the ECE will certainly alter as a result of the motion, then the standard of proof is clear and convincing evidence (simply a little bit less than the criminal standard of past a reasonable doubt and considerably more than preponderance of the proof) that the change would certainly be in the child's best interests.

Best Interests of the Child Standard.

If a change of circumstances has actually been shown, and the Court has made its decision concerning established custodial environment, after that, no matter the standard of proof, the Court will certainly think about the best interests of the minor child. Several litigants assume that the more bad things they can claim about the other parent, the more probable they are to win. Nonetheless, that is typically not true. Actually, the Courts usually pay little attention to the feelings of the parties for each other. Rather, they are focused on what is best for the child and the child's well-being. Often, if a parent is vehemently and aggressively denouncing or attacking the other party, the Court will look upon that with suspicion, and will certainly frequently begin an inquiry as to whether the aggressive parent is stating negative features of the other party in front of the child. If the Court thinks that is occurring, that can back fire, and cause the parent looking for the modification to actually lose parenting time or potentially custody of the child where they had begun attempting to obtain more. The Court is not interested in the back and forth between parents. They need to concentrate on the twelve best interest factors set forth in the Child Custody Act when making their resolution regarding how to decide a custody motion. An additional typical misconception is that the aspects are a basic mathematical calculation: if more factors favor one parent than the other, the parent with more should get custody. The Courts have actually specifically denied this type of mathematical calculation, and rather, have talked about the complex interplay of the factors and the weight that Courts should give to each one.

Bottom Line.

Custody motions are complicated. Many litigants are ill equipped to handle them without legal support. Whether you desire to file a motion, or if you are defending one, knowledgeable legal advice is very important. Family law attorneys understand the intricacies of these motions and what it takes to be effective in submitting one. If you are thinking of submitting such a motion for a change of custody, parenting time, or any of the sub-issues that emerge from legal custody conflicts, your best bet is to consult with a knowledgeable family law attorney who can help you make the very best choice for your conditions.