Every person on the brink of divorce asks this question, but unfortunately there’s no simple answer to it. The reason is largely because there is discretion for the division of assets and debts and custody and visitation and many other issues in a divorce.
Unfortunately, the outcome in many divorces is not satisfactory to one or both of the parties. So what might be considered fair by a divorce Judge might be a far cry from what is claimed, even in cases of equal division.
As such, it is best to analyze not according to what is “fair” but what is in accord with the law. No attorney can guarantee a Judge’s Orders so it is very important to try and obtain realistic expectations for your San Diego pending family law matter.
How Would I Know if I Am Obtaining a Settlement in Accordance With the Law?
To know if you are acquiring a settlement which is in accord with the California Family Law Code and the practices and customs in San Diego Superior Court, you need to consult an experienced divorce attorney who has experience before the Judge you are appearing to get the most informed opinion.
You may also need a divorce financial analyst is an expert who is able to analyze and decipher the mountain of financial issues which arise when a couple is divorced. An experienced divorce financial analyst will rely on his experience in finance and divorce settlements to work out various possible outcomes to help you settle your divorce. This will consider the division of your assets and debts, how you determine spousal support and child support and many other issues.
How Are Assets and Liabilities Divided in Divorce?
You need to know what you are doing to decide this. Here are some of the things you need to consider:
- Cash flow
- Liquid and long-term assets
- Pension valuations
- Retirement assets
- Transfer of property
- Stocks and investments and the basis of valuing them
A divorce financial analyst will work out a few possible solutions to take to your divorce attorney to put on the table during divorce proceedings, arbitration, or mediation. They will be solutions in accord with the law which will help save time and by extension, money.
What About the Children?
The welfare of children by a marriage rates a very high priority in a divorce. The calculation of child support is difficult and entails more than just the day-to-day expenditure. Expenses that have to be considered are those likely to arise in the short term and in the long term. Examples of such expenses are daycare, education up to high school, health care, insurance, and a host of other issues which are included in the calculation of child support which is a program called the Disso Master in San Diego Superior Family Law Court.
According to an estimate of the U.S. Department of Agriculture it can cost a staggering hundreds of thousands of dollars to raise a child to adulthood. This is an unavoidable expense and now that a divorce is in the offing how this is to be borne has to be determined.
What About Me?
Alimony? Spousal support? Divorce maintenance? As Shakespeare said it: “What’s in a name – a rose by any other name smells as sweet.”
But in the case of spousal support or anything else you choose to call it, things can become very sticky. Invariably, there may be a point of stand-off. The best way of going about this is to work out a realistic, fact-based proposal so as to do away with much needless argument.
So What Do I Do to Ensure I Attain a Fair Settlement?
The best way of ensuring you are being handed a deal in accord with the law is to hire an experienced family law firm. If you reside in California you cannot do better than Doppelt and Forney, APLC of San Diego whom literally has been working divorce settlements for more than two decades. Schedule a free in-person or virtual consultation with the firm to know where you stand.