Property division fears common during divorce

Posted in Property Division on March 21, 2019

When spouses in California opt to get a divorce, they may naturally feel stressed out and fearful of the future. This is because they may not know how their approach to property division and child custody, for example, will affect their futures. However, they may more easily overcome their fears by jotting down what scares them about divorce and then creating solutions for dealing with these issues.

As an example, maybe a person going through divorce would like to stay in the couple’s marital home long term. This individual can talk to his or her attorney about the options available or staying in the home. For instance, he or she could buy out his or her partner. The attorney may also advise the divorcing party to sell the house and buy a less expensive one with the proceeds from the sale.

Another example of a fear worth tackling during divorce is the fear of taking too long to finalize the divorce. The attorney could encourage the person navigating the divorce process to go through divorce mediation instead of going to court. This is because mediation can help shorten the process while also being less stressful and less costly than litigation.

In some cases, though, litigation is unavoidable if two people cannot see eye to eye on how to approach property division or tackle alimony. In such a situation, a judge must make the final decision regarding these issues. In both out-of-court and trial divorce situations, an attorney in California can help a divorcing spouse to seek the best outcome for him or her given the circumstances of the marital dissolution.