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divorce mediation Archives

Divorce mediation, planning for future valuable during breakup

Negotiating a settlement as part of the dissolution of a marriage can seem like a confusing, unsettling, uphill battle. However, the divorce mediation process may help to make the process faster and less acrimonious. In addition, a couple of other tips may help people to protect their best interests once their divorces have been finalized in San Francisco.

How will community property play into my divorce mediation?

One of the fist questions people having during a divorce is, "Will I lose everything?" Despite how movies and TV shows might depict asset division, divorce mediation will not lead to one spouse receiving the vast majority of marital property. Divorcing couples in San Francisco can expect to receive a roughly equal portion of their marital assets.

Do I need to create a QDRO during divorce mediation?

Qualified domestic relations orders are commonly used documents for divorcing San Francisco couples. These documents are typically used when dividing a marital retirement plan, and allows individuals to make withdrawals for the purpose of asset division without incurring related fees or penalties. Making withdrawals without a QDRO can be costly or may even lead to the wrong beneficiary of life insurance policies receiving funds. However, a federal appellate court recently determined that a man's divorce decree could be used in place of a QDRO, which could have certain implications for the future of divorce mediation.

Divorce mediation: Can my ex take my inheritance?

Inheritances are usually much more than just a chunk of change or some old furniture passed on after a person's death. To heirs, inheritances often have significant emotional and financial value and, for some, may be one of the few links a child has to a deceased parent. However, as San Francisco couples approach divorce mediation, some may begin to worry about how their inheritance will be handled.