Divorce is rarely straightforward, and your impending divorce in Placer County, CA, may hold significant repercussions for various aspects of your life, some of which can persist for years. While divorce is the formal legal process of ending a marriage in California, it does not necessarily terminate all interactions between the divorcing spouses. It is also a formal process of dividing ownership rights of the couple’s shared property. Some divorced spouses will need to abide by ongoing financial arrangements with their exes per the family court’s orders. Additionally, any divorce can be much more challenging to resolve than initially anticipated.
One of the most contentious issues in many modern divorces in California is property division, or the process of dividing marital property in a divorce. Unfortunately, California enforces relatively strict laws pertaining to property division, and many find them overly intrusive and excessively stringent. However, you could have more options for resolving property division than you initially realized as long as you have reliable legal counsel advising you.
The Ewing Law Group takes a client-focused approach to family law counsel, taking time to learn as much as possible about every client so we can meet their unique needs and concerns. Divorce can be extremely challenging in several ways, both in terms of the financial matters you must resolve and the emotional weight of the situation. Our goal is to help you approach your divorce with understanding and peace of mind, especially regarding property division.
There are two main forms of property division upheld in the United States. First, while most states enforce equitable distribution laws that aim for the fairest possible division of marital property, California is one of nine states that upholds a community property statute. Under this property division law, everything that qualifies as shared marital property in a marriage, including assets and debts, becomes subject to being evenly divided in divorce. This means that regardless of the underlying reason for the divorce or other factors present in the case, each spouse will receive 50% of their marital property as a baseline in their divorce. These amounts may change in some ways, however.
Many people find that while the property division law aims for complete fairness, it often has the exact opposite effect. For example, if one spouse worked while the other did not during their marriage, and they eventually decide to divorce, the working spouse is likely to wonder if they should have to part with half of their assets when they earned the majority of the couple’s income during the marriage.
This is just one example of disputes that may arise in property division determinations. The community property law of California may be strict, but a good attorney can potentially help you resolve your divorce with more individualized property division terms. While a judge will have the final say on your divorce if you take the case to court, it’s possible to take advantage of alternative dispute resolution and streamline your dissolution proceedings significantly.
Divorce is usually a complex, emotionally stressful, and multifaceted issue. While many people think they must endure protracted court proceedings to resolve their divorces, the reality is that litigation is only necessary for some divorces. Many couples are opting for alternative dispute resolution to settle their divorces. While it is not possible to resolve issues pertaining to child custody and support privately, divorcing spouses may negotiate property division with more flexibility than litigation could provide.
Collaborative divorce functions like a private settlement negotiation for a divorce case, and divorce mediation is similar but unfolds under the guidance of a neutral mediator who helps the couple draft their divorce order. Taking advantage of alternative dispute resolution to privately negotiate terms as much as possible before taking your remaining issues to court is possible.
It is still vital to have legal counsel you can trust if you plan to explore alternative dispute resolution. However, as long as you and your soon-to-be ex are willing to negotiate and compromise, you should be able to reach more customized results than a judge would deliver if you litigated your divorce. For instance, a judge may rule that the divorcing spouses liquidate some assets and split the proceeds; alternative dispute resolution may allow the spouse to work out an equivalent marital property exchange that negates the need to sell the property. This is just one example of the benefits alternative dispute resolution can offer, along with a more streamlined overall divorce process and more control over the outcome of the case.
In every divorce, property division will require both spouses to submit complete and accurate financial records. These financial disclosure statements are verified by the court and used to determine a fair division of property under California’s community property statute. Therefore, you must be honest in your financial disclosure statement and work closely with an experienced Placer County property division attorney to ensure you do not omit any required information unintentionally. Your attorney can also assist you if you encounter problems with your spouse’s financial disclosure statement.
These statements outline each spouse’s separate property ownership claims and records pertaining to marital property and debt. It’s important to remember that under California’s community property law, both spouses receive equal shares of their marital property and debt. If you are concerned about being responsible for your soon-to-be ex-spouse’s reckless debts incurred without your knowledge or permission, your lawyer can help you figure out whether this needs to be addressed in your proceedings.
The divorce process can be intimidating for many, and it can also seem disempowering when a divorcing spouse does not have legal counsel who they can trust to guide them through their divorce. When you choose the Ewing Law Group to represent you in a divorce, we will carefully review your financial records and help you reach a suitable outcome for property division. To discuss your case with a Placer County property division attorney, contact us today and schedule your consultation with our team.