Welcome to our divorce FAQs page for frequently asked divorce questions and questions regarding other family law matters in San Diego, California. We have tried to answer the most common questions visitors to our web site may have. If you find that your question is not answered on this page, please email us at info@www.garwoodfamilylaw.com or call us at 619-627-0274.
Divorce FAQs
Who shouldnāt use mediation? Can it work for couples who argue a lot, for instance?
Everybody should use divorce mediation; itās a question of whether you can or not. Some people (i.e. one spouse in the divorcing couple) use divorce mediation just to gather information to use against the other party later. Or if thereās a lack of trust, your spouse may use it to get information to use against you later. So what you may want to do first is to visit a San Diego divorce lawyer and find out what you need to do, how you need to do it, and whether it would work for your situation after you explain it, and then make a decision.
You have to remember that whenever you see a San Diego divorce attorney, itās confidential and private. They canāt repeat what youāve said to anybody else, so donāt worry about that. But you have to tell them the makeup of the type of divorce lawyer. Some attorneys have a sixth sense if theyāve been practicing for a long time: if you tell them a little bit about the person, they have a good idea of what that personās like. And if divorce mediation will work, thatās the first thing they should try.
Will it affect my divorce if I date other people?
It shouldnāt affect your divorce if you date other people. As a practicality, we have irreconcilable differences as a reason for dissolution in California divorce law, and of course the other reason is incurable insanity. However, as a practical matter, it can tend to affect your divorce if the other person feels spurned or jealous, or gets emotionally upset to the point that they want to punish you. So what you might want to do is keep a relationship, if you have one, very close to the vest until such time as you work out either a settlement or finish your divorce case in its entirety.
Who should consider using Collaborative Divorce?
Collaborative Divorce is a really interesting concept. Basically, both parties have a divorce attorney, and often, both parties have a coach. If there are children, thereās a therapist for them. And if thereās a business that might be owned by one or both parties, there could be a forensic CPA to value the business, help you with the assets of the business etc., and even to divide the business. All of this works together.
Who should? For anybody that can afford to use collaborative law, it would be a great thing to do. But it also has a lot of retainers and costs attributable to it. So you have to decide if itās right for you.
I am just starting my divorce. Can you give me your best tips?
My spouse just asked me for a divorce. What should I do first?
Number one, you donāt need to ask for a divorce in the state of California. If someone wants a divorce, they get it.
But if that does happen to you, I would suggest that you start collecting and copying all bank statements, copies of insurance, all statements regarding any bills due, mortgages, copy deeds: anything that you might not even think is important, copy it. If itās not important, thatās fine, but at least youāve got it. If you are the person that pays the bills, youāve probably got it anyway. But you canāt take the risk that it might disappear. So copy everything, move it to someplace safe, call a San Diego divorce lawyer, and make an appointment.
Letās say youāre not sure you want the divorce: thatās fine, just get your information. Itās like preventive medicine ā thereās preventive law. Just have your information so that you feel safe and comfortable.