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CDSOC

Collaborative Divorce Solutions of Orange County

Connect With A Professional Today:
(949) 266-0660

  • The Collaborative Process
    • Overview
    • The Professional Team
    • FAQs
  • Find a Professional
    • Divorce Professionals
    • Professional Resource Members
  • Divorce Options
    • Upcoming Workshops
    • About Divorce Options
  • CDSOC Membership
    • Member Benefits
    • Join
    • Member Resources
  • About Us
    • About Us Overview
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    • CDSOC Leadership
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Diana Martinez

Arbitration and Mediation in California: What’s The Difference in These Forms of Dispute Resolution?

June 28, 2017 By CDSOC

by Diana L. Martinez Collaborative Lawyer and Mediator, Law and Mediation Office of Diana L. Martinez

As a family law lawyer, I really look forward to my time on duty to volunteer at Riverside County Superior Court for VSC (Voluntary Settlement Conference) day. It is offered two Fridays per month and is THE most successful mediation program in the nation with an over 90 percent success rate!

Why? Because, in order to be a mediator on this panel, you must have the highest training and qualifications as both a family law lawyer and as a mediator. Not only do we donate our time, we must be in practice at least 10 years and have hundreds of hours of mediation training and practice under our belts. Other family law mediation programs that either do not have a structured program with high mediator qualifications, or that pay retired judges to do this work, enjoy a success rate below 60 percent.

Judges have an incredibly difficult job. It takes very specific skill sets to be a good judge. But being a talented judge does not, in and of itself, make you a good mediator.

I also volunteer as a fee arbitrator in attorney-client fee disputes for the California State Bar and for the San Bernardino County Bar Association. My role as an arbitrator is that of a judge: to listen to testimony, review the evidence, and make a ruling based on the law. There is no facilitation or brainstorming to help the parties create agreements together. As a result, the parties tend to stay polarized, hoping I will rule in their favor.

In contrast, a mediator works to find common ground, and assists the parties in bridging gaps, focusing on their goals and the reality of the benefits and risks of resolving versus litigation.

During a recent mediation in Riverside*, I had to use my skills as an arbitrator to attempt to resolve a divorce dispute in mediation. In this particular case, the husband was represented by counsel. The wife was not. The couple was married in the Netherlands and moved to California two years prior to the divorce. They had been married for 15 years. They had already agreed to the division of their assets and debts. The final item preventing them from resolving their divorce for nearly two years (yes, they had been divorcing for two years) was spousal support. The wife was not a legal U.S. resident and had struggled finding employment. During the marriage, she worked as a babysitter. The husband ran his own consulting business and was always the higher income earner.

As an arbitrator, looking at the evidence presented, the ruling is quite simple. Based on California law, Husband would be required to pay spousal support until one of the normal, terminating factors in a long term (over 10 years) marriage: 1) death of either party; 2) remarriage of wife; or 3) further order of the court. Wife, however, would have to make reasonable, good faith efforts to become self-supporting, in order to continue to receive support.

As a mediator, it is important to help both husband and wife craft an agreement that factors in wife’s financial needs and goals, as well as husband’s sense of unfairness of having to pay for so long a time. In this case, wife appreciated this and proposed that husband pay her only what she was short in rent each month ($200) for five years. This would give her time allowing her to get her legal resident papers in order and find a stable job, as she explained it, after which she would agree to “terminate” support.

Relying on a judge for a “fair” decision on your financial settlement during divorce is an expensive roll of the dice.

In a long-term marriage, courts do not, generally, terminate support; they may reduce it to zero dollars, but they will leave open the ability to request it in the future. This proposal, legally, put a lot of value on the table for the husband.   As a neutral, and especially given that wife was unrepresented, I did have to educate both parties about that legal value and the implications of a spousal support termination. To all knowledgeable in family law, this proposal was golden.

Husband’s attorney instructed him to reject the offer as completely unreasonable. His argument? In the Netherlands, his wife would not have received spousal support at all. Since the parties lived there for most of their marriage, wife should not be allowed to benefit from California spousal support laws. They argued the wife should agree to no more than six months of spousal support, which would then end. This sounded logical to husband.

Sadly, the husband’s “logic” is not the basis upon which family law judges issue orders. My inner arbitrator asked husband’s lawyer to explain the legal basis for this argument. It was a novel argument to me, and I’ve been in practice for nearly 20 years. His response: “Yes, it is a case of first impression, so I have to research this more.”

Excuse me? You have no legal basis for this argument, which means your client will be paying you for research that will very likely not result in the expected outcome. In addition to this expense, Husband’s lawyer planned on having a vocational evaluation done on wife to determine how much she could reasonably be earning. Really? She’s undocumented, and lawyer wants to do a vocational evaluation. Husband, as the sole income earning, would have to front this cost.

The court had already told the litigants prior to sending them off with their mediators that, if they do not resolve their matters, the next available court date would not be for another six months. This meant that husband will continue to pay his lawyer during that time, for research on an issue that has no support in law. If we calculate the legal fees at $1,750/month (lawyer rate of $350/hour, at five hours of legal work per month, including research on the foreign marriage issue, gathering information on wife’s earning ability, history of income during the marriage, and so forth), for six months, it will cost the husband $10,500 prior to his trial readiness conference. This is not the trial itself. It is a court hearing to confirm you are ready for trial.

The trial would likely be set within the following one or two months after that hearing, and trial preparation by his attorney would be far greater than five hours. But let’s keep it conservative for this discussion and add only another $1,750 to finish this case through trial. Now we have $11,750 in legal fees for the husband, in the hopes the judge will side with him and terminate spousal support, despite the law.

Let’s compare this with the wife’s proposal to resolve their case through mediation, six months before trial readiness. She proposed $200/month for five years = $12,000, and a signed, binding, agreement to terminate spousal support. That’s a guarantee, folks. Remember, by terminating, no court, in any state, would have the legal ability to order more support, ever!

Sadly, husband trusted his lawyer in the above mediation. The parties will end up going to trial, based on his lawyer adding to husband’s sense of unfairness, rather than educating his client as to the reality of the law. Logic would dictate that it would be better to take a sure bet for $250 more, than pay almost the same amount and risk the judge applying the law, as they are required to do.

In mediation, husband had the ability to cut his losses and be done. As a judge, there is no such flexibility. The judge or arbitrator (same function) is required to apply the law. But when emotion (that sense of unfairness) takes over, and a lawyer creates a false hope by feeding into that emotion, the only “winners” are the lawyers. There is no benefit to either spouse. There is no benefit to their families. The court battle continues.

If you expect a judge or arbitrator to “do the right thing” because he or she will see and understand the unfairness of it all, you will be disappointed. A judge does not have that kind of flexibility. They may find one argument more persuasive than another, but that means it follows the law more closely than the other. It does not factor in emotion or “fairness.”

In the above example, the law does not look at where you were married and apply the rules of a foreign country. If you lived in California six months prior to filing your petition for divorce, you fall under the laws of California – no exceptions based on “it’s not fair.” A judge must render decisions based on the law and the evidence properly presented. Don’t forget to factor in the financial and family relationship costs of the continued battle.

*I’ve changed certain facts of the case to protect confidential information, but have kept the substance the same.

Filed Under: Collaborative Divorce, Collaborative Practice, Divorce and Money, Divorce and The Law, Mediation, Tips & Resources Tagged With: Alternative Dispute Resolution, Cost of Divorce, Diana Martinez, Divorce, Divorce Agreement, Divorce and Children, Divorce and Retirement, Divorce Litigation, Divorce Settlement, Financial Agreement, Financial Settlement, Legal Fees, Settlement Agreement

Diana L. Martinez and Tracy McKenney Receive Eureka Award

June 7, 2017 By CDSOC

Statewide award honors Collaborative Practice professionals

Media Contact: Gayle Lynn Falkenthal, APR 619-997-2495 or gayle@falconvalleygroup.com

(Irvine, California) – Family law attorney Diana L. Martinez and financial professional Tracy McKenney were honored as recipients of the 2017 Eureka Award, bestowed annually by Collaborative Practice California. Martinez and McKenney received their awards at Conference XII held in Redondo Beach, California. McKenney’s award was bestowed posthumously; she served as CDSOC president before her death due to cancer in September 2016.

Eureka Award winners for 2017 Diana L. Martinez (left) and Scott McKenney for his late wife and former CDSOC board president Tracy McKenney at the 2017 Collaborative Practice California conference.
Eureka Award winners for 2017 Diana L. Martinez (left) and Scott McKenney for his late wife and former CDSOC board president Tracy McKenney at the 2017 Collaborative Practice California conference.

The Eureka Award recognizes and honors those who “have made significant contributions and demonstrated an abiding dedication to establishing and sustaining Collaborative Practice in California.”

Diana L. Martinez is a committed Collaborative professional who has tirelessly served the California Collaborative community for many years. Ms. Martinez has devoted 100 percent of her family law practice to out-of-court dispute resolution including Collaborative Practice since 2007. She is passionate about educating others about the benefits of Collaborative Practice through personal contact. Ms. Martinez is a noted trainer and educator for legal, financial, and mental health professionals locally and nationwide on family law topics including Collaborative Practice, confidentiality, cultural competency, and ethics and best practices. She has presented to state and local bar associations and legal organizations, law schools and practice groups.

Ms. Martinez is a frequent guest lecturer for community Divorce Options and Divorce Recovery programs and a volunteer mediator for multiple county superior courts. Ms. Martinez has served on governing boards of Collaborative Practice regional groups in three counties, multiple statewide Collaborative Practice committees, and is a past president and current board member of CDSOC. Her dedication has resulted in “Super Lawyers” recognition and a perfect 10/10 rating in peer and client online reviews.

Eureka Award winner Diana L. Martinez at the 2017 Collaborative Practice California Conference with keynote speaker Brian Miller. Martinez also served as Conference Chairperson.

Upon receiving her honor, Martinez said, “it was an incredible surprise, and humbling honor, to receive the award this year; especially to receive it at the same time as my friend and colleague, Tracy McKenney. I’m so fortunate to have connected with those whom I consider as leaders in Collaborative Practice, education, and awareness, including previous Eureka Award winner Carol Hughes, who presented me with my award. I have so much support from the Orange County practice group, and am surrounded by so many dedicated professionals, that it makes it easy to be passionate about this work.”

Tracy McKenney was a Certified Divorce Financial Analyst and Certified Financial Planner with a passion for training and education in Collaborative Practice. Ms. McKenney devoted her professional efforts to helping families during the divorce process make informed decisions. Ms. McKenney helped couples determine how their decisions would affect their family’s future including sending children to college, property ownership, and retirement.

McKenney supported Collaborative Practice as treasurer and later as President of CDSOC. She was instrumental in bringing the “Divorce Options” workshop program into Orange County colleges and guiding CDSOC toward improved training and higher standards of practice. McKenney was a member of the International Academy of Collaborative Professionals, Association of Divorce Financial Planners and the Financial Planning Association of Orange County.

Tracy McKenney at a CDSOC planning meeting in 2016 prior to her illness. Photo: Leslee Newman

McKenney lost her battle with cancer in September 2016 while serving as CDSOC President. Her husband, Scott McKenney, accepted the Eureka Award on her behalf from her colleague and fellow recipient Diana L. Martinez.

“My children and I want to thank CP Cal and Collaborative Divorce Solutions of Orange County for posthumously awarding my wife, Tracy McKenney, with the Eureka Award for her efforts in Collaborative education. I was honored to accept the award on her behalf,” said Scott McKinney.

“At her core, Tracy loved helping people.  It’s what she was all about, it was her calling. Tracy was deeply passionate about the Collaborative Divorce process as a way of getting through one of life’s most difficult challenges in any couple’s life with the least amount of stress and breakage: both family and financially.

“Tracy believed so much in the power of the Collaborative Process, and that it was her mission to spread the word throughout Southern California.  She developed educational classes and led them with her professional teammates at local community colleges throughout Orange County.  Her desire was to educate and raise awareness that there are alternatives to litigation for divorce that reduces pain and suffering for all involved.

“Tracy would be deeply honored and humbled with this award, and I know she is smiling with thanks to be recognized in the field she felt so strongly about and worked so hard to nurture. On behalf of the McKenney family, thank you very much from the bottom of our hearts,” said McKenney.

In her own words, McKenney described why it was important for her to be involved in CDSOC. She said, “Collaborative Divorce represents a significant advancement in resolving divorce respectfully. Going through a divorce is in some ways harder than dealing with the death of a loved one. It worsens when the process is dragged out through contentious, time-consuming and costly litigation in court. In so many cases, couples can avoid the damage of a court battle, even when they aren’t sure they can cooperate. Our approach makes it possible.

“Collaborative Divorce keeps decision-making in the hands of the couple. It spares them and especially their children the duress from an acrimonious divorce, preventing lasting harm, and preserving the family relationships for a healthier future,” said McKenney.

The Eureka Award is not limited to those in any particular practice or career. Previous honorees include members of the core disciplines – mental health, financial, and legal – as well as those who are not licensed in these professions.

Martinez and McKenney join a distinguished list of previous recipients from Collaborative Divorce Solutions of Orange County, including Leslee Newman (2009), Carol Hughes (2011), Bart Carey (2012), Brian Don Levy (2013), and Cathleen Collinsworth (2015), making Collaborative Divorce Solutions of Orange County among the three most honored regional practice groups in California.

The Eureka Award was established in 2006 as part of the very first Celebration of Collaborative Practice in Sonoma, California and actually pre-dates the founding of CP Cal. In its first two years, the Eureka Award Committee chose to play “catch up” and honored several recipients each year. In 2008, the CP Cal Board chose to limit the Eureka Award to three to five Honorees.

About Collaborative Divorce Solutions of Orange County

Collaborative Divorce Solutions of Orange County (CDSOC) was founded in 2003 to advise couples in Orange County about out of court options to traditional divorce litigation. Our group consists of experienced family law attorneys, licensed mental health professionals, and credentialed financial professionals, all of whom are specially trained in Collaborative Practice, mediation, and conflict resolution. Working under the Collaborative Practice model, the result is a divorce guided with respect and compassion in a non-adversarial way so families can make the best possible decisions about their future.

Filed Under: Awards and Honors, Collaborative Divorce, Collaborative Practice, Events and Training Tagged With: CDSOC, Collaborative Practice California, Collaborative Practice Education, CP Cal Conference, Diana Martinez, Divorce, News Release, Practice Groups, Tracy McKenney

Orange County Collaborative Professionals Contribute Expertise at California Conference

May 1, 2017 By CDSOC

Collaborative Divorce Solutions of Orange County members Diana L. Martinez (left) and John Denny will serve on the Collaborative Practice California Board of Directors for 2017-2018. Martinez is a board member; Denny will serve as President. Photo: Courtesy Cathleen Collingsworth

Twelve members of Collaborative Divorce Solutions of Orange County contributed their professional expertise to the annual Collaborative Practice California (CP Cal) Conference XII, held in Redondo Beach, California from April 28 – 30.

Cathleen Collinsworth, a CP Cal Delegate for 2017-2018 and a workshop presenter, said, “This year’s theme of ‘Harnessing the Energy’ came true. The energy was very evident throughout the entire weekend. It is my hope those of us who attended can keep that energy going throughout the coming year.”

Collaborative Divorce Solutions of Orange County member Scott Cramer (left) believes it’s important to work hard and play harder! Seen here with San Diego practice group member Mark Hill in a "guest appearance" with Hill’s band "No Country For Old Men."
Collaborative Divorce Solutions of Orange County associate member Scott Cramer (left) believes it’s important to work hard and play harder! Seen here with San Diego practice group member Mark Hill in a “guest appearance” with Hill’s band “No Country For Old Men.” Photo: Courtesy Cathleen Collingsworth

Also presenting workshops were Bart Carey, Patrice Courteau, Dr. Carol Hughes, and Diana L. Martinez.

CSDOC member and Orange County based family law attorney John Denny received the gavel from outgoing CP Cal President Lisa Zonder, and will serve as CP Cal President for 2017-2018. Also serving with Denny on the board of directors is Diana L. Martinez.

CDSOC member John Denny will serve as Collaborative Practice California President for the 2017-2018 term.
Collaborative Divorce Solutions of Orange County member John Denny will serve as Collaborative Practice California President for the 2017-2018 term. Photo: Courtesy Cathleen Collingsworth

Collinsworth expressed her desire on behalf of the conference attendees to continue collaborating together in their daily work, as well as their daily lives, and continue to educate all they meet on the value of peacemaking.

Filed Under: Collaborative Divorce, Collaborative Practice, Events and Training, Tips & Resources Tagged With: Cathleen Collinsworth, CDSOC, Collaborative Practice California, CP Cal Conference, Diana Martinez, Divorce, John Denny, News Release, Orange County, Patrice Courteau, Professional Development

Experts Contribute to Best Practices at Collaborative Practice California Conference

April 12, 2017 By CDSOC

Orange County Collaborative Practice professionals will share their expertise with colleagues in April at the annual Collaborative Practice California Conference XII in Redondo Beach.

Members of Collaborative Divorce Solutions of Orange County (CDSOC) are in demand as professional education panelists and seminar leaders throughout Fall 2017 due to their expertise and experience working with a diverse array of Orange County clients in the Collaborative approach to divorce.

“Many collaborative professionals are committed to continuing professional education in order to provide the best service to our clients,” said Dr. Carol Hughes, CDSOC member and workshop leader. “The annual conference of Collaborative Practice California is one venue for us to do this.

“We CDSOC members are honored to be contributing to the further growth of our Collaborative colleagues throughout the state. Ultimately, the reward is offering better options to clients who want to avoid the trauma, time and expense of a litigated divorce or other disputes,” added Dr. Hughes.

Collaborative Practice California presentations include:

Left to right: Cathleen Collinsworth, Carol Hughes, Bart Carey

Collaborative Family Lawyer and Mediator Bart Carey, Divorce Coach and Child Specialist Dr. Hughes, Ph.D., LMFT, and Financial Specialist Cathleen Collinsworth, CDFA™, MAFF™ will facilitate an advanced seminar titled “Grand Rounds for Collaborative Practitioners.”

The workshop format introduces the “Grand Rounds” concept used in the medical profession. A supervising physician-professor and small group of residents visit individual patients in their hospital rooms, diagnosing their symptoms and discussing together how best to help each patient through collaborative problem-solving.

In a similar way Bart, Carol and Cathleen will apply their expertise to analyze individual case challenges presented by participants. The team will “diagnose” and assess the symptoms and prescribe the best course of action.

As a result of the workshop, the attendees will learn how to analyze case challenges presented by their own clients, and then design and implement creative solutions on their behalf.

Collaborative family lawyer and mediator Diana L. Martinez will present a workshop on diversity and cultural issues in divorce.

Collaborative Family Lawyer and Mediator Diana L. Martinez, will co-present a seminar with other California Collaborative professionals discussing cultural competency in family law practice, “Becoming Culturally Competent and Ethically Responsible: Beyond Basics.” Professionals working with families going through divorce and separation need to increase awareness and skills to discern the complex aspects of culture, world views, and communication patterns of the families they interact with during the legal process.

Participants will also learn to identify sociopolitical aspects of racism, power and privilege, and how these may impact issues of trust and create barriers while navigating the legal process. Being able to empathize and navigate these challenges will lead to greater understanding of client needs and achieve a successful outcome without resorting to litigation.

Patrice Courteaum M.A., LMFT, Divorce Coach and Child Specialist

Licensed Marriage and Family Therapist, Divorce Coach and Child Specialist Patrice Courteau, MA, LMFT, will participate in a panel discussion about effective Collaborative Practice outreach in a digital age.

Orange County families who are considering a Collaborative approach to their divorce can be confident in the guidance and qualifications of CDSOC members, who not only uphold high standards in their personal practice, but who are called upon to help California’s Collaborative professionals develop the highest standards in this area of family and civil law.

CDSOC members are available to speak to groups of professionals and to any interested organization or program about the Collaborative Practice approach to solving dispute in family law matters or any civil dispute instead of resorting to time consuming, costly litigation that destroys ongoing relationships. Contact CDSOC at 949-266-0660.

Filed Under: Coaching, Collaborative Divorce, Collaborative Practice, Divorce and Emotions, Divorce and Money, Divorce and The Law, Events and Training, Financial, Legal, Mental Health, Tips & Resources Tagged With: Brian Don Levy, Cathleen Collinsworth, Collaborative Practice California, CP Cal Conference, Diana Martinez, Divorce, Divorce and Children, Divorce Experts, Dr. Carol Hughes, News Release, Patrice Courteau, Practice Groups, Professional Development

Members Lend Expertise at Collaborative Divorce Education Institute 3-Day Training

February 11, 2017 By CDSOC

Experienced legal, financial, and mental health Collaborative Practitioners from Collaborative Divorce Solutions of Orange County shared their expertise at the 2017 Three-Day Collaborative Divorce Interdisciplinary Team Training in January.  Through lectures, discussions, and group participation, the training team helped both new and experienced Collaborative Professionals to develop more skills and a new understanding of how to support and lead their clients to a successful resolution without resorting to litigation.

If you missed this year’s event, be sure mark your calendar for next year’s training in January 2018.

Scenes from the 2017 Collaborative Divorce Education Institute 3-Day Training at National University in Costa Mesa, California.
Scenes from the 2017 Collaborative Divorce Education Institute 3-Day Training at National University in Costa Mesa, California.

Filed Under: Collaborative Divorce, Collaborative Practice, Divorce and The Law, Events and Training, Financial, Legal, Mental Health Tagged With: Brian Don Levy, Bruce Fredenburg, Carol Hughes, CDSOC, Collaborative Divorce Education Institute, Diana Martinez, Dr. Marvin Chapman, News Release, Patrice Courteau, Professional Development, Suanne Honey

The Last Thing A Man Needs To Hear When He’s Going Through A Divorce

January 14, 2017 By CDSOC

by Diana L. Martinez Collaborative Lawyer and Mediator, Law and Mediation Office of Diana L. Martinez with Dr. Marvin Chapman, Collaborative Coach, LMFT

“Real men don’t cry,” right? BS!

I have represented many strong and successful men in divorces. The skill set which creates business success often does the opposite when seeking conflict resolution in a personal relationship.

Too often, men tend to handle negotiations in their divorce as they do in the boardroom. They become frustrated when their previously successful tactics do not work. Frustration often shows itself as anger, stubbornness, yelling, or complete withdrawal. The real obstacle to their successful divorce resolution is grief, or, rather, the failure to work through the grief.

Divorce is the second most traumatic event a person can experience, second only to the loss of a loved one. While there is plenty of information and support for women to work through the trauma of divorce, there is very little available to men. Why? Because “real men don’t cry.”

The reality: men do grieve the loss of their marriage, but their grief is expressed so differently it appears as aggression, arrogance, or as a complete lack of empathy to the untrained eye

To better understand what’s really influencing this behavior, we turned to Dr. Marvin Chapman, a military veteran, divorce coach and founder of United Fathers, for some answers.

When a man experiences the grief inherent in divorce, his stress comes from many sources. Some of them can include the following:

  • His role as provider and protector as he knows it is ending. Providing and protecting his family is now someone else’s business: the divorce court or perhaps a new partner. Either way, an overwhelming sense of helplessness engulfs many men.
  • He quickly realizes his role as a father, teacher, coach, and mentor to his child(ren) will soon be changing.
  • His self-esteem is challenged by allegations and accusations in papers filed with the divorce court, an entity he now sees as having intrusive control over his current and future life and livelihood.
  • He will quickly become overwhelmed by the legal process and requirements of going through the legal procedures totally and completely foreign to him, and therefore out of his control.
  • He sees his financial security threatened by legal fees, costs and expenses. Splitting one household into two households will cause extreme hardship and an expensive transition.
  • His status and standing in the community is changing, and not for the better unless he “fights it with all he’s got.” He must “win at all costs” if he wants to preserve what and who he is, or, at least, how he identifies himself.
  • He can’t show emotion and be weak. He must be strong, aggressive, and confrontational. Only weak men fall apart.

Most men do not see a divorce as the death of a relationship. They do not realize they are going through the grieving process. Men have no idea what to do with their feelings of pain, anguish, guilt, hurt, confusion, frustration, and a complete sense of being overwhelmed.

Then along come well-meaning family, friends, co-workers and others who want us to “feel better” or at least not so “confused.”  Their advice is the same today as it always has been:  “Man up!”

What can a divorcing man do to work through the grief and be the man he needs to be, for himself and his children? Grief needs to be addressed with time, patience, honesty, congruency, and support from someone willing to walk beside a man without judgment. This one person can acknowledge the pain and the life changes to come. It can be anyone, as long as it allows the grieving person to cut through the macho façade and find a safe place to be himself.

Male military veterans often say they feel safer in combat than after they return to civilian life because they know their buddies in arms always have their back. Divorce can be very isolating. More than ever, a voice of support, not judgment, is needed.

As a Collaborative lawyer and mediator, I have worked with many men in high stress careers. They are tremendously successful professionally, often because of the resources supporting them, including co-workers, employers, and employees.

But such successful business men frequently struggle in resolving their divorces. When working with a divorce coach, my clients can rely on a support team to help resolve challenging and personal conflicts in a way that promotes faster healing and productive parenting relationships (with the children and the other parent). It allows them to be the men they want and need to be for themselves and their families.

Everyone needs someone who has their back during difficult times in their lives, not to carry us through hardship but to give us the focus, encouragement, and resolve to do it ourselves and to do it right. Your coach, your buddy in arms, has your back, to help you keep your eyes wide open, and help you be the man and/or father you want to be.

Filed Under: Coaching, Divorce and Emotions, Family Issues, Mental Health Tagged With: Coping with Divorce, Diana Martinez, Divorce and Anger, Divorce and Grief, Divorce and Mental Health, Divorce and Parenting, Divorce and Trauma, Divorce Options Workshops, Dr. Marvin Chapman, Fathers and Divorce, Gender Differences, Legal Fees, Parenting Plan

OC Collaborative Professionals Share Expertise at October 2016 Events

October 12, 2016 By CDSOC

Members of Collaborative Divorce Solutions of Orange County (CDSOC) are in demand as professional education panelists and seminar leaders throughout Fall 2016 due to their expertise and experience working with a diverse array of Orange County clients in the Collaborative approach to divorce.

Full trials are becoming increasingly rare in family law. With no relief in sight for underfunded, impacted courts in California, trials can take years to set and families can face exorbitant costs and fees. Clients are demanding alternatives to expensive protracted court battles. As a result, good negotiation skills are now absolutely critical for family law practitioners.

“Our member professionals are considered so knowledgeable in their fields, they are called upon not only to properly educate clients, they also train and educate other professionals to ensure the highest levels of ethics and competence,” said Dr. Carol Hughes, CDSOC member who will be among the lecturers at meetings this fall.

“Orange County families who are considering a Collaborative approach to their divorce can be confident in the guidance and qualifications of our members, who not only uphold high standards in their personal practice, but who are called upon to help Collaborative professionals across the United States in developing the highest standards in this area of family law,” added Dr. Hughes.

Collaborative Practice professional education presentations include:

Attorney Diana L. Martinez will join a four member panel to discuss cultural competency in family law practice in a live webinar format hosted by the State Bar of California Family Law Section on Thursday, October 27, from 12 noon to 1:30 p.m. Visit https://calawyers.org/section/family-law/ to learn more and to sign up for the presentation.

Diana L. Martinez and divorce coach Dr. Carol Hughes will discuss “Effective Collaborative Practice” at the State Bar of California’s Family Law Conference 2016 at the Mandalay Beach Resort in Oxnard, California on Friday, October 21. This introduction emphasizes assessing potential cases for appropriateness; training and education; professional team expectations, protocols, and understanding of professional roles; educating clients; and ethically and responsibly assisting clients in a Collaborative Divorce process.

 Divorce coaches Dr. Hughes and Bruce Fredenburg, financial professional Cathleen Collinsworth, and family law attorney Brian Don Levy, Esq. will present a panel discussion titled “How Interdisciplinary Teams Bring Clients to Agreement Readiness” at the 17th annual meeting of the International Association of Collaborative Professionals (IACP) in Las Vegas, Nevada on Thursday, October 27.

For professionals with interest in learning more about any of these presentations, please visit the CDSOC Events Calendar page here.

 

 

Filed Under: Collaborative Practice, Divorce and The Law, Divorce Options, Events and Training Tagged With: Bruce Fredenburg, CDSOC, Collaborative Practice Education, Diana Martinez, Dr. Carol Hughes, Family Law, MCLE, News Release, Professional Development

The Effect of California Propositions 60 and 90 on Your Divorce

October 10, 2016 By CDSOC

by Diana L. Martinez Collaborative Lawyer and Mediator, Law and Mediation Office of Diana L. Martinez

When you are trying to navigate a divorce, there are many issues you need to address. If you own property in California, your decisions about your real estate can be among the most challenging, and perilous, if you are not fully informed.

One area often overlooked when making decisions about real property are the tax consequences. The tax implications can end up making a significant impact on your financial well-being, especially if you are part of the current wave of “gray divorces” among adults 55 years and older.

Many older couples who own property qualify for a lower property tax rate under California’s original Proposition 13. At the discretion of each county in California, Proposition 60 and Proposition 90 allow qualifying sellers to carry their Proposition 13 tax base on their original property with them towards the purchase of a new property of equal or lesser value. (Prop 60 governs real estate sales and purchases in the same county; Prop 90 governs real estates sales and purchases between two California counties).

Proposition 13 protects longtime homeowners against escalating property taxes as the value of their property increase. Base year values cannot go up by more than two percent per year, keeping the tax increase at a manageable level. Unless there is a change of ownership, or new construction, the base year value does not change. Unfortunately, this discouraged many people from selling property as their family circumstances changed.

Consider the following example:

Jason, 56, and Julia, 53, want to sell their five bedroom home on a large lot since their children are now grown and have homes of their own. They have lived in their current home for many years. The Proposition 13 base year value of $40,000 from 1975 grew to $66,000 by 2002. Their property tax bill is approximately $700 per year. Their current home assessment value is $400,000. Jason and Julia have found a two-bedroom townhouse for $370,000. But they are unwilling to move because this change of ownership will establish a new tax assessment for the townhouse based primarily on their purchase price, and their tax bill will jump from $700 to approximately $3,700 per year. They are on a fixed income and cannot afford the additional $3,000 per year in taxes.

To resolve this problem, Propositions 60 and 90 permit people over age 55 to sell one home and buy another of equal or lesser value within two years and take the Proposition 13 base value with them. Using the above example, Jason and Julia could move to the townhouse and still pay $700 per year in property taxes (tax rate and fees may make the total bill smaller or larger), plus the future increase of no greater than two percent. There are many requirements to qualify for the tax base transfer, and it can be used only once.

Why is this important in a divorce situation? It can only be used once and it cannot be divided between the spouses. This is the real kicker: family courts do not have this issue on their list of items requiring resolution. In all of my years of practice, I have never heard a judge ask about the tax base transfer.

In recent years, California has seen a sharp increase in gray divorces. Many of these couples are retired or near retirement age. This issue rarely came up in early years since most divorcing couples did not meet the age qualification.

We live in a different world today. What happens if this issue is not resolved or even addressed in your contested, mediated, or Collaborative divorce? The first person to apply for the transfer will get the transfer.

Real Estate Agent Julaine Wagonner of ReMax College Park Realty says often the ex-spouse won’t know his or her ex filed the application first until as late as the end of the year or until they receive their own rejection notice. It can take several months before the county updates the tax records to reflect a reduced/carried over tax base.

This is just one of several financial risks often missed during a divorce. Others include how to allocate any capital gains tax, for example. It is easy for even the most experienced family law attorney to overlook these issues. Confer with a financial professional who can assess your personal circumstances and work with your family law attorney to address and resolve these issues before you sign any judgment or make any requests for orders of the judge related to your real estate. Get the information from the expert to make sure your decisions are as complete as they can be, to set yourself on a path for a successful future.

Filed Under: Collaborative Divorce, Divorce and Money, Divorce and The Law, Financial Tagged With: California, Capital Gains, Diana Martinez, Divorce, Divorce and Real Estate, Divorce and Retirement, Divorce and Taxes, Gray Divorce

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