Divorce is never easy.
However in the current economic climate, the financial stresses of a divorce can multiply unless both parties approach this situation with a certain degree of realistic expectations.
If the family residence is currently in foreclosure, it can be used to soften the financial blow or add to it.
During a divorce, you are asked to make important financial decisions while your emotions are at an all time high.
Too often, through no fault of your own, you or your spouse may have lost a job, making it financially impossible to keep the family residence.
When these set of circumstances arise, and the family unit is falling apart, it is often too easy to place blame and heighten the conflict in an already troubled marriage.
The loss of the family home is often considered the worst possible scenario, and causes all concerned to become angry and irritable.
It becomes extremely important at this point to conserve resources.
Spending tens of thousands of dollars in a legal battle can better be used to resettle the parties and the children.
Why not take the high road and avoid conflict if at all possible.
So many people waste money and time by increasing conflict rather than attempting to resolve their marital issues.
California is a community property state.
Assets that have accumulated during the marriage are equitably divided.
That simple fact is often lost in the heat of battle.
If there are separate property issues, a family law attorney can help you understand the nature of separate property and how it may affect your interest in the property.
If your house is in foreclosure, and it is financially impossible to keep the home, be creative.
Contact loan modifications companies, but be very careful about companies who demand a large up front fee.
Often the banks will work with you and provide the necessary paperwork for no cost.
Or consider the possibility of both parties staying in the home for the duration of the divorce.
Of course if there is domestic violence or substance abuse issues, that will not work.
Now more than ever, it is paramount that parties try to remove the emotional impact of the separation and instead, try spending the remaining finances on solutions rather than unnecessary attorney fees, A divorce does not have to mean there is only one winner, but rather two survivors.