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Posted By Fair Cadora, APC

For some people it seems like the holidays and stress go together like turkey and stuffing. Between the family gatherings, gift shopping, busy work schedules and other time drains, it’s no wonder we often find ourselves exhausted and just looking for a break during the year’s final months. For families who have just finished the divorce process, this season can become even more difficult.

Children often find themselves dealing with a lot of unknowns in their first holiday season after a divorce, and this can cause them a lot of stress and unhappiness. Here are a few valuable tips for helping your children to get through this trying time and adapt to their new family circumstances.

Create New Traditions

Your children may have grown accustomed to and enjoyed their annual holiday traditions, and the thought of not getting to do them anymore can be painful. So as a parent, if possible, try to continue some of these favored traditions. If not, the holidays are also a great time to make new traditions. Find out what your kids like to do and make an effort to do that instead. It may be a great way for parents and children to discover something together that they never knew they loved.Legal Team

Give Your Kids a Voice

It’s easy to lose track of the fact that your kids may be experiencing similar emotional stress during the holidays as you are. Sometimes they can feel as though they are forced to keep that stress bottled up which will only lead to them being even more unhappy. To solve this, talk to them. Give them a voice and let them express how they feel, what they want to do, and where they want to go. Do your best to accommodate these wishes if possible; they are a member of your family after all.

Create a Schedule and Stick To It

One of the biggest stresses for kids is the unknown; changing holiday traditions and the thought of spending these days with two different families can be scary for kids who have never experienced it. Working together with your ex and coming up with a schedule for the holidays is a great way to help your kids know what to expect and alleviate some of their stress. This may require some considerable flexibility on the part of both you and your ex, but putting aside your differences for the betterment of your children can make the holidays happier for everyone.

If you need assistance with your own divorce case, our San Diego divorce lawyers have the experience and skill to provide you with top-rated legal counsel. At Fair Cadora, APC, we understand the difficulty a divorce can have on your entire family, particularly during the holidays. We strive to provide each of our clients with compassionate and effective counsel to help their case come to a positive conclusion and leave them in the best possible position for the future.

Please call the firm today to schedule a consultation to discuss your options.

Posted By Fair Cadora, APC

Money is a common reason for couples to split, and one of the most frequently-occurring financial situations that leads to a marital dissolution is the acquisition of too much debt. This can create enormous financial and emotional strain on a family, sometimes becoming the last straw that leads to the couple splitting up.

When creating a divorce agreement either in or out of court, you will be forced to divide up the assets you have obtained during the marriage, but it’s also equally important to divide the debts you have also accrued as a couple. In order to do so, look at all of the bills your family receives in a month in order to get a better picture of where you stand financially. Your lawyer may also ask for you to bring copies of your financial records in to help them determine your financial position on your behalf.

How Will a Judge Divide Your Debts?

Ideally, your judge will attempt to divide your assets and debts equally in order to maintain fairness, but it will rarely if ever be an even 50/50 split. In reality, things are often a lot more complicated than that, so your judge will make some exceptions or decisions to balance things.

For example, a spouse that takes more of the assets may also assume more of the debt in order to balance out the assets and debts. Of course, things such as financial standing, income, spousal support, and child custody will also play into these decisions. As a result, a fair and balanced agreement can be extremely difficult to come to.

Refusal to Pay

It’s also not unheard of for the spouse assigned certain debts in a divorce to either not be able to afford to pay those debts or to just outright refuse to pay them. When this is the case, your creditors do have the legal right to protect themselves and pursue the original party responsible for the debt, which may be the other spouse.

But rest assured your spouse cannot get away from their debt just by ignoring it. If they refuse to pay, you can petition the court to enforce the agreement, which means they must appear in court to explain why they aren’t paying their debt. The court also has other tools at its disposal, such as wage garnishments, bank levies, and more. If you have the ability to pay the debt, keep the proof of payment and you can petition the court for reimbursement from your ex.

Bankruptcy

If you cannot manage your debts or payments on your income, you may wish to file for bankruptcy in order to obtain financial relief. While this can alleviate some of your debts, it does not release you from your responsibility for child support or spousal support.

It’s strongly advised that you do not attempt to complete the divorce process without the assistance of one of our skilled San Diego divorce attorney. At Fair Cadora, APC, our team has the skill and experience you need in your corner to protect your best interests throughout the process. Our attorneys have been honored with some of the highest distinctions available in the industry, including being named a Board Certified Family Law Specialist by the California Board of Legal Specialization.

Please call the firm today to schedule a consultation to discuss your options.

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