What is the best divorce solution for your family? Collaborative Divorce or Mediation?

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Campbell Family Law helps clients divorce differently because they deserve better choices in the outcome.  We only work in the out-of-court processes of mediation, collaborative divorce, and collaborative mediation to provide clients with the flexibility they need and want without the spectacle or tragedy that a litigated divorce often is.

Campbell Family Law prepares and empower clients to live their new liberated life to the fullest.

Collaborative Divorce

Stage One: Committing to the Process → Stage Two: Information Gathering → Stage Three: Brainstorming Options → Stage Four: Negotiating Solutions → Stage Five: Reaching an Agreement

Stage One: Committing to the Process
Stage Two: Information Gathering
Stage Three: Brainstorming Options
Stage Four: Negotiating Solutions
Stage Five: Reaching an Agreement

Collaborative Divorce is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and other professionals to avoid the uncertain outcome of court decisions and to achieve a settlement that best meets the specific needs of both parties and their children.

Mediation

Stage One: Neutral Mediator → State Two: Information Sharing → Stage Three: Negotiating with Parties → Stage Four: Final Agreement

Stage One: Neutral Mediator
State Two: Information Sharing
Stage Three: Negotiating with Parties
Stage Four: Final Agreement

Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. As a mediator Ms. Campbell also prepares the documents the court requires to finalize a dissolution to insure each couples’ agreements are enforceable should that prove necessary.

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Division of Retirement Benefits

Often a couple may enter a marriage after one or both spouses established an individual retirement plan. However, during marriage spouses continue to contribute to those pre-existing plans with community funds or perhaps roll the plan into a community plan.

Part of the property division conversation includes determining each party’s separate contributions to a retirement plan. Additionally, the appreciation on those separate property interests, the community property interests, and the appreciation in each of the respective plans.

In a divorce, you can divide those plans without penalty or tax consequence as long as it is part of a divorce process.

Retirement Benefits

Division of Defined Benefit Plans and Defined Contribution Plans can be complicated if not handled properly because they are assets that may not be accessed until many years in the future.

Fairly dividing up such an asset requires some more sophisticated knowledge of federal and state laws and IRS regulations. Sometimes division of a retirement asset may require a Qualified Domestic Relations Order (QDRO) a specialized order to divide retirement assets properly. Because there are numerous places where federal and state laws, community property laws, employment laws, actuarial tables, and other topics intersect, this is an area that should definitely be handled by an experienced divorce professional.

Knowing how and when to divide a retirement asset as part of a divorce to maintain the transfer as a penalty-free and tax-free transfer require more specialized knowledge. Because the consequences for improperly handling these issues can be severe I always recommend that such issues be handled by a California-licensed attorney with experience in this area.

When I can properly advise and carry out a resolution that protects a family’s interests in a retirement plan I will do so; however, at times these highly specialized assets may requires the assistance of a legal professional with an even more specialized knowledge because they only handle insuring that retirement assets are divided in a way that protects by the plan participant but the non-participant spouse. These are not discussions or decisions you need to navigate on your own. Kathy Campbell, a California Divorce Attorney will help you work through this part of the process.