Overcome These Common Divorce Hurdles in San Diego

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Today I'm joined by a special guest: Samuel Godkin with Godkin Law. He and I are going to discuss common hurdles clients come across during a divorce. 

First, you need to have a plan. If you file papers or find out that the other party has filed for divorce and you have to scramble, you're already behind. Have your documents lined up and ready to go. 

If you don't have a plan, you might not be able to find the documents you need. Maybe you purchased a home 20 years ago or have separate assets. Bank records only go back seven years, so you are out of luck. Don't depend on your spouse to remember and tell the truth.

The other party won't want to tell the truth when there are hundreds of thousands of dollars at stake. They "won't recall" how you purchased your $2 million home when they were just waiting tables. They can say you made the down payment together after three months of marriage. You need paperwork to back up your claims. Tangible evidence is crucial if you want to win certain assets in the divorce.

Another major hurdle is dealing with a difficult ex-spouse. For example, let's say one party doesn't want to get divorced but the other party does. The person who doesn't want the divorce will make the proceedings incredibly difficult. They will do everything they can to keep you in court because they are not ready for the marriage to be over.

When one party is especially difficult, it is incredibly unproductive. Opposing sides who spar over everything will drive up the cost of the divorce, especially when real estate is involved. Let's say you have $300,000 in equity, but one party keeps fighting and prolonging the divorce. When everything's done, you'll be lucky if there's $50,000 left to divide, because the rest of the money will go to your lawyers.

Even though it's difficult, you need to put aside your emotions and pick your battles. You know what you can and can't prove. You know what the law says. Get your emotions out of the way in order for the process to go smoothly.

If you have any questions for Samuel, give him a call at (619) 544-6000. Samuel has been practicing law for over 20 years here in San Diego, and he can certainly help you out. If you have any questions for me, give me a call or send me an email. We look forward to hearing from you!

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