The divorce process is complicated and requires a lot of different steps and negotiations to complete. One of the primary parts of the divorce process is dividing community property between both spouses. This is often more complicated than couples realize, and it can be emotional as well as time-consuming.
If you are facing divorce in Irvine, CA, it is important for you to know what the process will look like. This can help you be prepared and navigate your divorce as an educated and active participant. Being prepared gives you a distinct advantage and may even help you negotiate better property division terms.
In all divorce scenarios, it is important to have an experienced family law attorney on your side. An attorney helps the process move swiftly and protects your interests during property division proceedings.
For several decades, our Orange County law experts have been helping couples with property division determination, divorce terms, and other family law cases. We have seen couples of all types and socioeconomic statuses, giving us the experience to represent you no matter what your circumstances may be. Whether you are facing a complex property division process or a simple one, our team is here to represent you as you divide your California community property.
When it comes to dividing assets, you need a team who knows you well. We take the time to listen to your needs, goals, and concerns about your divorce to ensure that we do everything in our power to achieve favorable terms for you. We fight diligently for what is fair, and we do not stop until we negotiate a favorable property division agreement.
No other area attorneys have the same level of experience and service as Quinn & Dworakowski, LLP. We are your best option for property division, spousal support, child support, child custody, and all other divorce negotiations.
When a couple gets divorced, they must determine what will happen to the assets that they have shared during their marriage. These assets include:
This process is called property division. Most people do not realize how much needs to be negotiated during divorce proceedings.
California is a community property state. This means that you both own all the assets that each of you has acquired during your marriage. This is the case for almost every asset, including those that one of you purchased with separate funds. This also applies to assets that you owned before your marriage. The only assets that are not considered to be community property are those that have been protected by a prenuptial or postnuptial agreement.
During the property division process, each spouse will receive a fair portion of their shared assets. This can mean that one spouse gets the cars and savings accounts while the other keeps the home. However, in some instances, it is impossible to split assets without selling them. In these cases, the asset may need to be sold so that both spouses can split the profits equally.
Many people wonder why they need an attorney for property division. Although the portion you receive should be fair, it is difficult to receive the assets that you want without representation. If you have an emotional or sentimental attachment to certain assets, such as a home, a cabin, or jewelry, you need an attorney who is an expert at negotiating these terms. Without this, your spouse could seize those assets for themselves.
Having your own attorney also ensures that the terms of your property division agreement are fair. In many instances, couples become greedy or get into arguments during this process, even if the divorce is amicable. An attorney helps you avoid that.
A: The property division process relies on negotiation. Your attorney and your spouse’s attorney can help you negotiate which spouse will get which assets. Usually, both spouses should receive an equal portion of their community property. Sometimes, couples need to sell their assets and divide the profits for property division to be fair.
A: If you have been married for 10 years or more in California, the lower-earning spouse may be entitled to spousal support or alimony for an indefinite amount of time. If you have been married for less than 10 years, the spousal support length would depend upon your unique situation. Generally, those who have been married for less than 10 years have a definite end date for any spousal support payments.
A: Separate property becomes marital property when you get married. As California is a community property state, all assets that you or your spouse acquire during the marriage become shared property. If you wish to protect certain assets from becoming marital property when you get married, you should create a prenuptial or postnuptial agreement.
A: Attorneys and law firms all have different methods for charging their clients. Some may charge a portion of your settlement, while others charge a flat hourly rate. Be sure to discuss payment with any potential attorneys to ensure that you understand their payment structure and are comfortable with the cost of your legal representation. This will allow you to maintain consistent representation for the duration of your case.
If you need family law representation in Orange County, our team at Quinn & Dworakowski, LLP, is here to help. With many decades of experience, we can offer steady, reliable legal counsel to help you navigate the difficult process of divorce and property division. With our expertise, you can traverse these challenges with confidence and negotiate the terms that are best for you.
We can offer consultations for a variety of different family law cases. For more information, please contact Quinn & Dworakowski, LLP, online today.
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