Tag Archives: Irvine Divorce

10 Best Reasons To Do Your Divorce Collaboratively

Ten smart tips for managing a divorce to get the best possible results for you and your family.

by John R. Denny, Family Law Attorney
Hittelman Strunk Law Group, LLP, Newport Beach, California

  1. The team approach helps you get through the process without going to war.

You will work with a team of legal, financial, and mental health professionals who are specifically trained in the Collaborative Process. They agree to work with you to reach a settlement outside of court.

  1. You make the decisions, not the judge.

In the Collaborative Process, the parties do not go to court. They resolve their differences through cooperative negotiation. Thus, all orders are made with both parties’ agreement.

  1. The process is less expensive than a litigated divorce.

While all cases are different, studies show that a successful Collaborative case is less expensive than a litigated case, even one which settles before trial.

  1. Coaches help you and your spouse learn to communicate in ways which can reduce the adversarial nature of the divorce.

In a full team Collaborative Divorce, each party will work with an assigned mental health professional acting as a coach. Among other things, the coach will assist the party to avoid the type of communication which will further divide the parties, and make settlement more costly and difficult.

  1. Your children’s
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Social Security and How It Affects Your Divorce

Know your options when it comes to your Social Security benefits if you are divorced and nearing retirement age. A financial professional can help.

by Tracy S. McKenney, CFP®, CDFA™
Irvine, California

When a couple divorces, you may wonder whether anything happens to their Social Security benefits.  What if the husband has been employed the entire marriage and the wife has stayed home with the children?  Do they split the husband’s Social Security benefit at retirement?  What if one of them remarries?

First, divorce laws are different from state to state.  Social Security is a federal program and can’t be overridden by

divorce laws or a divorce judgment in any individual state including California.  California courts cannot issue a divorce judgment to ‘split’ Social Security payments at retirement, because the federal rules governing Social Security override them.

What does the law say about Social Security and Divorce?

As of summer 2016, if a person has been married longer than 10 years and then gets divorced, the ex-spouse can receive 50 percent of their former spouse’s Social Security benefit –OR- 100 percent of their own Social Security benefit.  Notice: you can collect only ONE benefit, not both.

For example, “Dolly” and “Dennis” got divorced when Dolly was age 52, and Dennis was age 54.  Dennis decided to start collecting Social Security when he turned … Read More “Social Security and How It Affects Your Divorce”