When you are going through a divorce and trying to decide who gets what, this is where some of the biggest issues come into play. Dividing assets is a complicated process that goes smoothly when you and your ex-spouse can work together. Judges will urge you to work together because, until a final order is issued, assets will still belong to both of you as community property even if you have decided on who gets what items. A judge will only sign off on the order if it is fair to both spouses, which is why you are urged to split property equally.
When Divorce Becomes Unfair
There are a variety of cases where couples refuse to work together to come to the agreement that is right for them. In some cases, judges will actually sit down with a party if they are not represented by an attorney, because it could reveal a lot, including wrongdoings that make their settlement unfair overall. For instance, a wife or husband may agree to something even though they don’t know that, in doing so, they could be losing out on a pension or money that is owed to them. This is a good thing to know for anybody going into divorce, because you should have an investigative mindset. A judge may agree to anything you settle on without taking these things into consideration, so it is up to you and your attorney to sit down and look at the situation from all points.
How to Divide Property and Debts
Many people wonder, then, “How can we keep our divorce fair on both ends?” One of the most obvious, but working ways, is to sit down and make a list of everything that you own. Through doing this, you will be able to figure out what is separate property and what is community property. This is something that is legally required in divorce anyway, but why not sit down and talk to your spouse to get their opinion before the divorce takes place? Though you will have to use caution, this may be a method that works for you.
If you find yourself disagreeing, you may consider financial mediation to talk about the disagreements you have relating to money issues. Luckily for you, we have experience in many types of cases under California law and have seen many types of divorces. Call us for information on how we can help you receive the fair divorce that you deserve in your time of need.
