In a marriage, the basic things that each spouse is earned are shared together. Despite that notion when it comes to marriage, when the spouses decide to file for a divorce, suddenly all the shared assets are divided among the two. And that can be challenging in the legal system, as there needs to be equality among the splitting.
Among the fifty-states in the U.S, California is known to be a state that is for community property. According to the California Family Code, section 760, it provides the definition of what is community property. What community property means is any means of a shared property of the married couple, particularly in the state of California, owns.
Though it is indeed true that some of the property ones owns can be their own separate property during the marriage, most of the assets owned in general are usually if not definitely community property. Thus, when a divorce is filed, they are to be split evenly.
Because of this reason alone, it is crucial that the process of the pre-trial and settlement is well prepared, as they are the main source of outcome that’s to come after the divorce is settled. During the discovery process, it is required on both parties is to file motions and to request any means of orders. When it comes to these types of things, it is best to hire an experienced divorce lawyer who can guide and ease the entire divorce process.
In the state of California, and in several cities such as San Diego, when a divorce is being filed, then the parties must figure out what to divide. Both of their attorneys are then to help them with that process. In terms of what the types of property should be divided, most of them appear to be of land properties, accessories that both parties own, as well as more financial ones such as 401ks, pensions, and bank accounts to name a few.
The Mediation Process
Though it seems simple enough for two spouses to divide their assets amongst each other during the divorce process, it’s rarely the case at all. Most of the time, the spouses will truly fight against each other and see who owns what and why, which is why the mediation process is necessary. With the mediation process, the two exes can handle the dividing of properties in a more comfortable and steady pace and eliminate the free-for-all dynamic that usually arises in divorce cases.
Sometimes the divorcing couple may not even reach a proper deal, and that is when the judge takes charge in handling the division of property. Following this set path is not one that is recommended as it may not benefit the two parties as it should and thus it best if the spouses can handle the properties by themselves since many of those assets can become cost heavy. With these kinds of problems and handling divorce cases, an experienced divorce lawyer, as mentioned, is the best choice to have in dividing assets.
Farbod Majd Esq.
Divorce Attorney w/ offices in Beverly Hills/Los Angeles
Services in English, Turkish, and Farsi/Persian (Iranian/American Lawyer)
8383 Wilshire Blvd Suite 646, Beverly Hills, CA 90211
310.956.4600 | Fax: 310.878.8989 | Fmajd@FmajdLaw.com