Dividing the Stuff: Dividing Personal Property in a Divorce Without Losing Your Cool

Dividing the Stuff: Dividing Personal Property in a Divorce Without Losing Your Cool

For many people, dividing personal property in divorce ends up being harder than dividing money.

It surprises them.

The house, the retirement accounts, even support can feel abstract. The furniture, dishes, artwork, photos, and small personal items are not. Those things lived with you. They witnessed the relationship. They carry stories. The house is the marriage museum.

I have seen couples who resolved complex financial issues fairly quickly, only to grind to a halt over pots and pans, the washer and dryer, or a box of knick-knacks collected over years of shared life. Often the items themselves are not especially valuable. What they represent is.

A piece of artwork recalls a trip taken when things were still good. The silver marks a milestone anniversary. A small figurine was a gift from a child. By the time people reach this stage of divorce, they are already emotionally spent. Dividing personal property can reopen grief in a very tangible way.

Below are some practical guidelines that consistently help people move through this part of the process with less conflict and less expense.

Start with realistic values

When dividing personal property in a divorce, courts generally value household items at garage sale value. That is a useful reality check.

Unless you own rare artwork, high-end antiques, or something truly unique, most household items have limited resale value. Emotional meaning can quietly inflate perceived worth, which makes agreement harder. When in doubt, ask a simple question: what would a neutral third party realistically pay for this item used?

Keeping values grounded helps keep conversations grounded.

Handle most items without lawyers

It rarely makes sense to involve attorneys in deciding who gets the couch, the coffee maker, or the bath mat. Legal fees add up quickly, and disputes over dividing personal property in a divorce can consume time and money out of proportion to their importance.

For high-value or unusual items, professional guidance can be appropriate. For most household property, people are better served handling it directly or with the help of a mediator or coach.

Create an inventory before dividing anything

Before decisions are made, it helps to know what actually exists.  In other words, it helps to define the pie before dividing the pie.

Some people prefer a written list. Others find it easier to walk through the home with a phone or camera and record each room. That record can then be used to create a list later. The method matters less than having a shared reference point.

When dividing personal property in a divorce, an inventory reduces suspicion and keeps the process organized.

Use a simple sorting system

One approach that works well for dividing personal property in a divorce is to sort items into clear categories:

  • Items one person will keep
  • Items the other person will keep
  • Items to sell and divide the proceeds
  • Items to donate or discard

Notice what is missing. There is no category for items people cannot agree on.

When agreement is impossible, selling or donating the item is often the cleanest solution. Another option is taking turns choosing disputed items until they are gone. For highly sentimental objects, some couples choose to pass them on to their children.

The goal is progress, not perfect fairness.

Make a plan for photos and videos

Photographs and videos deserve special care.

I often recommend setting a date when both people will make photos and videos from the marriage available to each other. Each person can then choose what they want duplicated. With current technology, scanning and digital copying are relatively easy and affordable. Sharing duplication costs evenly tends to feel fair.

This approach allows both people to preserve memories without turning them into bargaining chips.

Understand how the law treats pets

Many people are surprised to learn that, legally, pets are considered property. Courts generally have limited patience for extended pet disputes and may order outcomes that satisfy neither person.

Because of that reality, it is usually far better for people to work out pet arrangements themselves. Focus on the animal’s needs and daily life rather than ownership language. Doing so often leads to better outcomes for everyone involved.

Take extra care when safety is an issue

In cases involving domestic violence or restraining orders, dividing personal property requires additional planning.

Direct contact may not be appropriate or allowed. Attorneys, mediators, or agreed-upon third parties can help coordinate inventories and exchanges. Legal orders must be respected, even when emotions are high or items feel urgent.

Dividing personal property in a divorce isn’t worth compromising safety or violating court orders.

See the opportunity in the process

Many people eventually describe dividing personal property in a divorce as unexpectedly clarifying.

Letting go of objects tied to an old chapter can create space for something new. When the process is handled thoughtfully, it can feel less like a loss and more like a transition.

If the emotional weight becomes overwhelming, a divorce coach or neutral professional can provide support at a fraction of the cost of extended legal conflict.

Dividing personal property does not have to become another battleground. With patience, structure, and realistic expectations, most couples can move through it with minimal professional intervention.

At the end of the day, these are things. How you handle them will shape how much conflict you carry forward.ips to divide personal property, san diego divorce, san diego divorce attorney, Shawn Weber, san diego divorce mediator

New Year After Divorce: Your Personal Resolutions

New Year After Divorce: Your Personal Resolutions

Alas! A New Year has come and gone again. For most of my current clients, 2023 was a rough year. It brought them the end of their marriages. Although the year may have been filled with conflict with a former spouse over money, kids, etc., you are ready to move on. Perhaps there were tears shed. Maybe dreams were shattered. Sound depressing? It can be. But 2023 is over, so there is an opportunity to build a new experience for the New Year post divorce.

Here are my suggestions for some words to consider when making your resolutions for the New Year post divorce. This is in no way a comprehensive list. It’s just some of my own thoughts. Perhaps you have your own resolution ideas that you would like to share. Here are mine:

Peace in the New Year After Divorce.

You got a divorce for a reason, right? I’m sure things weren’t all butterflies and rainbows. But now you are divorced. So take the opportunity to stop the fighting and discontinue the war with your ex. If there is a legitimate legal concern that needs addressing, use mediation or Collaborative Practice instead of adversarial litigation to resolve those differences. It’s a great opportunity to move on and find peace in the New Year post divorce. A meditation or mindfulness practice can go a long way towards achieving some peace.

Co-Parenting in the New Year After Divorce.

Before your divorce, parenting may have been easier. Post-divorce, you still have to interact with the person you divorced to raise your kids. Your kids need you to get along. There is a lot of evidence that continued parental conflict after the divorce is very harmful to children. Resolve now to be the best co-parent you can be in the New Year post divorce. Look for ways to be cooperative (even when the other parent doesn’t). If you haven’t always been a leader in the child rearing arena, now is the time to step up to the plate and make a helpful contribution. Be the grown up here and your kids will thank you.

Self-reliance in the New Year After Divorce.

Now that you are on your own, you don’t have the other person there to rely on. This is a great opportunity to stand on your own two feet with your head held high. Be your own person. Be strong. Be self-assured. Be independent.

If you are receiving alimony, look for ways to be self-supporting so that you don’t need support anymore. Meet with a vocational counselor to make new career goals. Enroll in school or get trained, or retrained, in a field that you can be passionate about.

Plan for your future financial well-being. So, meet with a financial advisor to make sure you are using your money wisely. Come up with a five year or ten-year plan. Then, check in with an estate planning attorney to make sure you have updated your will and estate plan, as you’ll want to make sure that anything you name in this document goes to the trustee of your choice.

Health in the New Year After Divorce.

Perhaps during 2023 you let the stress of the divorce affect your health. Maybe you didn’t eat well. Perhaps you stopped going to the gym. Or maybe you weren’t sleeping well. Perhaps you were depressed or angry causing your emotional well-being to suffer. Resolve now to restore your health in the New Year post divorce.

Take the time to eat well and exercise. Get good sleep. What’s more, get your annual physical from your doctor and make a plan for your physical health. Take care of your body and it will take care of you.

But don’t forget your emotional health either. Divorce can be such a toxic and painful experience. If you are struggling, meet with a therapist and work through the changes in your life resulting from your divorce. Before you date, make sure that you work though any lingering issues you may have so that you can be your best self before you involve another person in your life. I have noticed a clear correlation in my clients who sought post-divorce therapy and their level of happiness years later.

Forgiveness in the New Year After Divorce.

I know that “forgiveness” is a loaded word. It’s easier said then done. You may feel hurt or anger toward your former spouse. As mentioned before, you’ve lived through the whole process of finding a family lawyer, dealing with the stress of separation, and still taking care of the kids. You chose to divorce for a reason. And yes, consequently, you are divorced now. It’s time to let it go. The past is in the past.

Now keep in mind, I am not suggesting you allow more abuse if that is what happened before. Keep in place whatever safety measure you have to prevent others from hurting you again. I am just suggesting it is time to move on from there. Anger and hurt can be very damaging emotions. Do what you can this year to forgive so that you can leave those terrible feelings behind you. If you find you can’t do it alone (and most can’t) talk to someone. Turn to a spiritual advisor or a mentor to help you leave the past in the past.

Don’t forget to forgive yourself. Guilt has it’s place, but it can eat you up if you can’t get past it. Perhaps you have serious regrets about how your marriage ended. Rather than let the guilt consume you, find a way to learn from the experience, forgive everyone involved and move on.

You have read my list of New Year’s Resolution words for the newly divorced. What are some of your words? I would love to read them!

Related links:

10 Essential New Year’s Resolutions for Your Divorce

12 New Year’s Resolutions for Divorced Moms

Top 10 Difficult New Year’s Resolutions for Divorced Parents

N

More Reading:

Forgiveness During Divorce: A Key to Finding Peace

Divorce Custom: 7 Post-Split Rituals from Around the World

ew Year’s resolutions, new year post divorce, new year’s divorce, san diego divorce attorney

 

New Year After Divorce: Your Personal Resolutions

New Year After Divorce: Your Personal Resolutions

Alas! A New Year has come and gone again. For most of my current clients, 2023 was a rough year. It brought them the end of their marriages. Although the year may have been filled with conflict with a former spouse over money, kids, etc., you are ready to move on. Perhaps there were tears shed. Maybe dreams were shattered. Sound depressing? It can be. But 2023 is over, so there is an opportunity to build a new experience for the New Year post divorce.

Here are my suggestions for some words to consider when making your resolutions for the New Year post divorce. This is in no way a comprehensive list. It’s just some of my own thoughts. Perhaps you have your own resolution ideas that you would like to share. Here are mine:

Peace in the New Year After Divorce.

You got a divorce for a reason, right? I’m sure things weren’t all butterflies and rainbows. But now you are divorced. So take the opportunity to stop the fighting and discontinue the war with your ex. If there is a legitimate legal concern that needs addressing, use mediation or Collaborative Practice instead of adversarial litigation to resolve those differences. It’s a great opportunity to move on and find peace in the New Year post divorce. A meditation or mindfulness practice can go a long way towards achieving some peace.

Co-Parenting in the New Year After Divorce.

Before your divorce, parenting may have been easier. Post-divorce, you still have to interact with the person you divorced to raise your kids. Your kids need you to get along. There is a lot of evidence that continued parental conflict after the divorce is very harmful to children. Resolve now to be the best co-parent you can be in the New Year post divorce. Look for ways to be cooperative (even when the other parent doesn’t). If you haven’t always been a leader in the child rearing arena, now is the time to step up to the plate and make a helpful contribution. Be the grown up here and your kids will thank you.

Self-reliance in the New Year After Divorce.

Now that you are on your own, you don’t have the other person there to rely on. This is a great opportunity to stand on your own two feet with your head held high. Be your own person. Be strong. Be self-assured. Be independent.

If you are receiving alimony, look for ways to be self-supporting so that you don’t need support anymore. Meet with a vocational counselor to make new career goals. Enroll in school or get trained, or retrained, in a field that you can be passionate about.

Plan for your future financial well-being. So, meet with a financial advisor to make sure you are using your money wisely. Come up with a five year or ten-year plan. Then, check in with an estate planning attorney to make sure you have updated your will and estate plan, as you’ll want to make sure that anything you name in this document goes to the trustee of your choice.

Health in the New Year After Divorce.

Perhaps during 2023 you let the stress of the divorce affect your health. Maybe you didn’t eat well. Perhaps you stopped going to the gym. Or maybe you weren’t sleeping well. Perhaps you were depressed or angry causing your emotional well-being to suffer. Resolve now to restore your health in the New Year post divorce.

Take the time to eat well and exercise. Get good sleep. What’s more, get your annual physical from your doctor and make a plan for your physical health. Take care of your body and it will take care of you.

But don’t forget your emotional health either. Divorce can be such a toxic and painful experience. If you are struggling, meet with a therapist and work through the changes in your life resulting from your divorce. Before you date, make sure that you work though any lingering issues you may have so that you can be your best self before you involve another person in your life. I have noticed a clear correlation in my clients who sought post-divorce therapy and their level of happiness years later.

Forgiveness in the New Year After Divorce.

I know that “forgiveness” is a loaded word. It’s easier said then done. You may feel hurt or anger toward your former spouse. As mentioned before, you’ve lived through the whole process of finding a family lawyer, dealing with the stress of separation, and still taking care of the kids. You chose to divorce for a reason. And yes, consequently, you are divorced now. It’s time to let it go. The past is in the past.

Now keep in mind, I am not suggesting you allow more abuse if that is what happened before. Keep in place whatever safety measure you have to prevent others from hurting you again. I am just suggesting it is time to move on from there. Anger and hurt can be very damaging emotions. Do what you can this year to forgive so that you can leave those terrible feelings behind you. If you find you can’t do it alone (and most can’t) talk to someone. Turn to a spiritual advisor or a mentor to help you leave the past in the past.

Don’t forget to forgive yourself. Guilt has it’s place, but it can eat you up if you can’t get past it. Perhaps you have serious regrets about how your marriage ended. Rather than let the guilt consume you, find a way to learn from the experience, forgive everyone involved and move on.

You have read my list of New Year’s Resolution words for the newly divorced. What are some of your words? I would love to read them!

Related links:

10 Essential New Year’s Resolutions for Your Divorce

12 New Year’s Resolutions for Divorced Moms

Top 10 Difficult New Year’s Resolutions for Divorced Parents

N

More Reading:

Forgiveness During Divorce: A Key to Finding Peace

Divorce Custom: 7 Post-Split Rituals from Around the World

ew Year’s resolutions, new year post divorce, new year’s divorce, san diego divorce attorney

 

Five Tips to Have a Miserable Divorce

Looking for a miserable divorce? Here’s how!

Under the best of circumstances, a divorce can be an awful experience. Even if you have done all your research and know exactly how divorce works, it is still often a very toxic and harmful process. But there are some things you can do right now to make sure that you have a completely horrible, miserable divorce. Here are some tips:

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1. Hire the cheapest attorney.

You get what you pay for and an attorney can be the difference in having a good divorce or a miserable divorce. So by all means, hire the cheapest attorney in the phone book if you want a miserable divorce. But if you’re looking for a good divorce, it might be worth finding a more experienced and reputable lawyer in your local area.

For California divorces, we recommend finding a specialist in family law who is certified by the California State Bar Board of Legal Speclialization.  Such attorneys have had to meet certain experience requirements and have passed an extra bar examination for family law specialization.  You will often see the person referred to as a Certified Family Law Specialist or with a designation such as “CFLS” or “CLS-F”.

2. Find a shark to represent you.

Make sure that you find the toughest and meanest attorney you can find. Make sure she is very expensive. Look for the largest ad in the phone book and find the picture of the attorney with the angriest face. This is indeed a sure way to increase the conflict in your divorce and make things completely awful.

A shark attorney will do a good job of running up the clock and the billable hours, but generally won’t care about you at all. The shark will unnecessarily increase the conflict so that he can increase his billable hours. In fact, what little relationship you have left with your soon to be ex will be out the window and you will have years of anger and hatred to look forward to. When the case is over, you will probably have to declare bankruptcy because the definition of victory for a shark is that you have $2, your spouse gets $1 and the lawyers get the rest. Best of all, you will spend your kids’ college funds and probably put your lawyer’s kids through school instead.

At Weber Dispute Resolution, our philosophy is to be a dolphin instead of a shark.

"Great
"therapy

3. Whatever you do, don’t get a therapist.

You don’t want a therapist to help you with the emotional turmoil you are experiencing now. Moreover, you want to be plagued by depression, anger, guilt, and anxiety.

A therapist can help with all of those things, so to truly have a miserable divorce, you want to avoid any mental health professional. By all means, try to deal with it yourself and let your emotions blossom into a full blown temporary psychosis.

Without being sarcastic here, it’s smart to seek counseling from a qualified mental health professional if you believe you are not ready to hear what the other person is saying or the problem is something other than what you see. In truth, it can be helpful getting a third person’s point of view so that you can understand how it might appear to others. It may also provide you with a fresh perspective on things.

4. Use your children as pawns.

One important key to having a miserable divorce is to destroy your kids in the process. Studies have shown that the conflict of divorce does more to harm kids than the divorce itself. So go out of your way to increase the conflict between you and your ex.

Without a doubt, make sure that the kids are in the middle of the conflict. Use them as messengers for adult business. Tell them about how horrible your ex is. Make sure that you fight for every minute with your kids that you can. Be sure to have a lot of shouting and swearing when you exchange the kids. That’s a sure way to make sure that your children grow up to have depression, relationship problems, obsessive-compulsive disorder, eating disorders and drug addictions. Best of all, your children will grow to resent you, which would truly make for a miserable divorce.

"children
"angry

5. Demand justice.

There is no such thing as justice in Family Court. That’s why to have a miserable divorce you should demand it! It’s a sure way to spend a lot of time, money and energy only to be disappointed. Don’t compromise unless it meets your perfect definition of justice and fairness. Because your spouse probably has a different opinion of what “fair” means, this technique is particularly effective at disappointing you.

Shawn Weber’s appearance on the Bryan Devore Connection

Shawn was recently a guest on the Bryan Divorce Connection, where he shared his Five Tips to Have a Miserable Divorce with Bryan’s viewers.  Check it out and let us know what you think.

To learn more about Bryan Devore and the Bryan Devorce Connection, click here.

See Also:

Forgiveness During Divorce: https://weberdisputeresolution.com/forgiveness-during-divorce/

How much does it cost to go to divorce mediation? https://weberdisputeresolution.com/divorce-mediation-cost/

These are my top five. Do you have any others? Comment below and share your tips for a miserable divorce.

Back To School Shouldn’t Be A Battle in Divorced Families

Can you believe it's back to school time already? Divorced parents need to make some specific preparations for a successful school year. Photo Wokandpix/Creative Commons License

Can you believe it’s back to school time already? Divorced parents need to make some specific preparations for a successful school year. Photo Wokandpix/Creative Commons License

Can you believe it’s already time for 60 million American kids to go back to school? Didn’t we just start summer?

Mixed feelings are natural at this time of year for everyone. Kids are sad about summer being over so quickly. But they are likely to be excited and happy to see friends and get involved in favorite activities like athletics, music, or robotics.

But if you are a divorced parent navigating co-parenting, back to school is a little more complicated. Who pays for what? What activities will the child get to be involved in? Who does the school call if there is a problem? Who gets to chaperone the field trip? What school will your child will attend, near Dad’s house or Mom’s house?

The phone starts ringing at Weber Dispute Resolution at this time of year. Parents having trouble solving these issues come to us for help mediating their conflicts. We are glad they do, instead of taking their problems to court. If you need the same help for yourself or your clients, we hope to hear from you.

We offer these tips to help you start working through problems and considering your options.

Get on the same page about routines.

Get on the same page about school routines. Photo: Luci/Creative Commons License

Don’t make school any more complicated than necessary. Kids do better if you and your co-parent agree on routines, and so will you. Meet before school starts without the kids in a neutral location to discuss the routine details first. Some areas for discussion:

  • Emergency contacts and emergency procedures
  • Instructions about academics and schoolwork
  • Disciplinary issues
  • Transportation and pick-up
  • After-school activities

Once you agree, write it all down and share the plan with your children.

Deal with school expenses up front.

Custodial parents usually find themselves paying up front for back-to-school wardrobes and school supplies and then ask for half of the expenses. But even when parents agree to split the cost, sometimes one parent has very different ideas about how much to spend on things like clothes. Set a budget up front you can both live with. Keep copies of the receipts so you have a record of what you’re owed.

Share school supplies information.

You may be the parent in charge of school shopping, but your ex might want to be involved. Let’s say your kid is in their last year of high school and wants to buy some gifts for their classmates to keep as memories of their time together. They might come to either of you to request the purchase. However, keeping the other one involved – whether you’re going to a store to buy keepsakes or heading online to Jostens or similar stores for the same – might be in your best interest so as to avoid any conflicts. If you do decide to go alone, make sure both of you have talked in advance about what Jim or Jane get to give their friends as a memorable keepsake. Purchases like this on a whim rarely end up without an argument and upset parents and kids.

Figure out what extra-curricular activities will be added – and paid for.

Are your kids into sports? Drama? Robotics? After school activities take time and money. Be sure you agree which parent is contributing both. Photo: KeithJJ/Creative Commons

Outside of the classroom, many kids want to participate in sports, music, drama, debate, student government, robotics or other science competitions. These activities can build valuable skills and develop passions your kids may follow into careers. But they also put a strain on your schedule and your budget. When time and money aren’t unlimited, you and your co-parent have to decide up front what’s realistic for your child and what’s not. Who is going to provide the transportation, and pay the fees?

Coordinate everyone’s calendars.

There are going to be lots of events when school starts: sports and music practices, meets, science fairs, concerts, etc. And you think your workday is busy! Coordinate the school calendar with your parenting schedule. You want to make sure your child is able to attend important events. Have calendars in each house, one in your child’s backpack and give one to teachers or coaches to show which parent he will be with.

Negotiate attendance at school events.

Agree in advance to be courteous to one another at school events so you can attend at the same time. You can suck it up for the hour it takes every few months. If this is really, truly not possible, arrange to attend on different nights or at different times.

Meet the new teacher.

Meet your child’s teacher and stay in communication. Photo: Kevin Lopez/Creative Commons License

Divorced or not, it is always good to meet with your child’s new teacher. Let her or him know your child comes from a divorced home or a shared custody home. Children of divorce and separation often act out at school, have emotional moments, or just a bad day. Your child’s teacher should know what’s going on. But keep teachers and school personnel out of any conflicts between you and your former spouse.

Share information about your child’s education and progress.

Don’t play games or create obstacles for the noncustodial parent to get information. Unless you have a protective order, give permission to the children’s teachers, counselors, and medical professionals to share school information with both parents.

Arrange for duplicate notifications.

Information should be shared with both parents. It can be useful to arrange for separate, duplicate notifications about academic progress and school activities so one parent is not responsible for copying and sending information to the other, including anything like schoolwork or forms your child brings home; Do NOT make your child the responsible party.

A written record can help keep legal issues straight and problems from escalating. If you have a contentious relationship with your co-parent, why fan the flames at all? Arrange up front for a neutral third party like a mediator to be the point of mutual contact between you to ensure civility and cooperation.

Remember who school is for. It’s not a battleground to establish who is the better parent.

Remember, school is for your kids – not a battleground for you and your ex. Photo: Ernesto Silva/Creative Commons License

It’s great for you to be involved with your children, but don’t get into a competition with your former spouse. Your child is still dealing with your divorce no matter how long ago it happened while juggling the demands of school. Let school be your kid’s refuge, a place for him or her to have fun, learn, achieve and excel, and forget about difficult family issues.

No matter what, you can’t go wrong making a decision if you stop and ask yourself this: what’s in the best interest of my child? You get an A-plus.

READ MORE: Is Your Child College Bound? Who’s Paying For It?