Readers may have heard that California is a community property state. This means that each spouse will receive half of any marital property, or assets acquired during the marriage. Therefore, one may assume that the property division process in a divorce must be fairly simple, the judge divides the couple's assets in half. However, the reality is that dividing property between exes during a divorce, even in a community property state, it is rarely ever that straightforward. While each spouse is entitled to half, there is no law that says everything must be split down the middle. And, having a divorce attorney on one's side to fight for what is important can ensure that they are satisfied with the final agreement.
If divorcing spouses can agree on all divorce issues, the court will not have to do much more than approve the ex-couple's final divorce agreement. Joseph R. Zoucha, Attorney at Law, can save considerable time by drafting a fair settlement agreement that keeps things amicable between ex-spouses.
But, if soon-to-be ex-spouses are like most people, they will not be able to agree on everything. There may be a piece of property that they both have a sentimental attachment. For couples with significant assets, it can be particularly challenging to deal with property division matters on their own. In such cases, a judge will step in to make the final decision. Judges are allowed to use their discretion when dividing up a couple's assets and debts and will consider a number of factors to divide those assets and debts.
At Joseph R. Zoucha, Attorney at Law, we are ready to handle these issues. From determining which assets should be considered marital property to calculating fair market values, our attorneys will focus on what is important. For more information, please visit our website.