Finally, couples can start negotiating how property needs to be divided in their divorce. Mediation allows for spouses to have more control over the division of property versus leaving the decision to a judge. Even when private negotiations are successful, however, the division of property must follow California law, meaning the outcome must result in close to a 50-50 split. A judge still must approve the agreement created by the spouses outside of court. If mediation is not unsuccessful, a judge divides the assets on behalf of the divorcing couple.
Q: How Is Jointly Held Property Dealt With in Property Division Cases?
A: Any property you acquire during marriage is considered community property and subject to a 50-50 split after divorce. If you have proof that it is separate property, you can claim it as such. Examples of proof include a written agreement between exes, a clear statement in the deed that it is or is not community property, or evidence in the form of a title. Gifts and inheritances a spouse receivesduring the marriage are also considered separate property.
Q: What Should You Ask When Hiring a Property Division Attorney?
A: It is always beneficial to hire a Huntington Beach, California lawyer who specializes in the area you need assistance. Asking your potential attorney questions about their experience and expertise with property division cases is a great place to start. You can present them with your case and ask if they have handled similar cases and what the outcome of those cases was. You can also inquire about any client references they could share.
Q: What Other Areas Do Property Division Lawyers Help Clients With?
A: Property division lawyers assist with the division of a couple’s property following divorce. Additionally, they are involved in the division of debt shared by the couple. Not only can property division attorneys represent you in court, but they can also attempt to help you avoid litigation altogether by supporting you and your ex-spouse through a negotiation process to determine how your assets and debts are divided in the split.
Q: How Much Does a Family Law Attorney Cost in California?
A: The cost of an attorney varies significantly depending on several factors, including the complexity of your case, geographic area, and the pricing structure of the attorney. The average family lawyer cost is between $100 and $400 per hour, but it can be significantly more than that. However, getting skilled representation is likely to be worth the cost.
Property division can be confusing, especially when a couple has a significant amount of community property or when parties came into the marriage with separate property. A property division attorney can assist couples in working together to create a property agreement that is fair to both parties. The legal team at the Law Offices of Dorie A. Rogers, APC has experience with complex property division cases and is ready to help you work through the difficult decisions surrounding divorce. Contact us today so we can evaluate your situation and provide you with options to get the best outcome possible.